pappu
05-27 03:17 PM
CIR? There is no indication that CIR will happen this year.
True. But that is true for every other bill. Just the fact that a bill is introduced means nothing. More details about CIR were discussed in our last conference call. We will have another conference call next month and you can join to hear CIR developments.
Why wait for it?
We need to wait for it. Please join the donor forum and donor conference calls to know more details.
It brings up too much anti-immigrant sentiments amongst citizens affected by the recession.
Why do you think this family bill will not bring anti-immigrant sentiments?
We can just go ahead and support this bill right?
Sending emails, phone calls and faxes will not help at this point. You may want to join your state chapter and meet the lawmaker offices in person. Involve your chapter leader and members in the process as well.We will guide you. But do not go to support this bill. Go to them asking for xxxxx that we will tell you once you have secured the appointment with the office. We will provide you with all the material and guidance. If we need to facilitate our provisions, this is what we need to do rather than sending any email or calls. They will have 0% effect at this time. Infact anyone sending emails from a junk email ID without revealing their name, phone number and home address in the email is wasting their energy and hurting themselves and others in this community. Lawmakers want to hear from their constituents and you need to be a real person. An office should be able to contact you and know you have a legitimate concern in their constituency. You should urge others not to undertake such misguided attempts of spamming lawmaker offices and follow a proper process instead. Ask people on other websites who are sending random emails to come to IV and join our advocacy effort. We will help them reach out to their lawmaker offices so that they can go and meet these offices to convey their pain and suffering themselves.
Is there an official stand on this bill from IV core? Already stated above
Answers in bold above.
True. But that is true for every other bill. Just the fact that a bill is introduced means nothing. More details about CIR were discussed in our last conference call. We will have another conference call next month and you can join to hear CIR developments.
Why wait for it?
We need to wait for it. Please join the donor forum and donor conference calls to know more details.
It brings up too much anti-immigrant sentiments amongst citizens affected by the recession.
Why do you think this family bill will not bring anti-immigrant sentiments?
We can just go ahead and support this bill right?
Sending emails, phone calls and faxes will not help at this point. You may want to join your state chapter and meet the lawmaker offices in person. Involve your chapter leader and members in the process as well.We will guide you. But do not go to support this bill. Go to them asking for xxxxx that we will tell you once you have secured the appointment with the office. We will provide you with all the material and guidance. If we need to facilitate our provisions, this is what we need to do rather than sending any email or calls. They will have 0% effect at this time. Infact anyone sending emails from a junk email ID without revealing their name, phone number and home address in the email is wasting their energy and hurting themselves and others in this community. Lawmakers want to hear from their constituents and you need to be a real person. An office should be able to contact you and know you have a legitimate concern in their constituency. You should urge others not to undertake such misguided attempts of spamming lawmaker offices and follow a proper process instead. Ask people on other websites who are sending random emails to come to IV and join our advocacy effort. We will help them reach out to their lawmaker offices so that they can go and meet these offices to convey their pain and suffering themselves.
Is there an official stand on this bill from IV core? Already stated above
Answers in bold above.
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truthinspector
07-09 02:41 PM
If not today, when shall you wake up????
as somebody was suggesting in another thread, can you please post your comments in English for non-hindi speakers like me. Thanks.
as somebody was suggesting in another thread, can you please post your comments in English for non-hindi speakers like me. Thanks.
alex99
10-13 04:27 PM
As Monday is holiday, VB has not been published. Nothig much to speculate.
It would arrive by this Friday.
It would arrive by this Friday.
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add78
05-29 10:01 AM
Championship word for Legal Future Immigrants in USA waiting in the EB-backlogs = A-P-A-T-H-Y
If you disagree, then get off your behind, join the state chapter, donate to your own cause and organize.
If you disagree, then get off your behind, join the state chapter, donate to your own cause and organize.
more...
eager_immi
07-18 09:57 AM
You have 2 choices:
1. If your PD is before 2003 they it may become current in Oct and you can file for her, but if not then it is highly unlikely the dates will move in the next several years. If you both are not born in India/China ur chances are better.
2. She continues on her H1 and wait till your priority dates become current which can take upto 7 years.
This is a very bad situation i would highly recommend that you move heaven and earth together to get married and file this month. Pardon me for saying so but ur stars are alligned till Aug 16th only. Good Luck!
Hi eager_immi, thank you for your reply. See here is the situation, let's say for very personal reasons, we cannot get married, then, what are my options?
Thank you,
gc101.
1. If your PD is before 2003 they it may become current in Oct and you can file for her, but if not then it is highly unlikely the dates will move in the next several years. If you both are not born in India/China ur chances are better.
2. She continues on her H1 and wait till your priority dates become current which can take upto 7 years.
This is a very bad situation i would highly recommend that you move heaven and earth together to get married and file this month. Pardon me for saying so but ur stars are alligned till Aug 16th only. Good Luck!
Hi eager_immi, thank you for your reply. See here is the situation, let's say for very personal reasons, we cannot get married, then, what are my options?
Thank you,
gc101.
pmpforgc
02-19 09:22 AM
I tried without success to get a life insurance here in the US, the reason: no GC. You can get life insurance but the premiums are outrageous.
Agent from New yourk Life told me that other comanies are not familiar with non-GC (such as US on H-1B candidates) so they are not ready to go for h-1B life insurance, but since New yourk life is Already in market for other ethanic communities that understand other immigration issues and ready to go for Non-GC candiadates too.
so my question is have you approached them during your efforts, what were your conclusions if you approached them.
Agent from New yourk Life told me that other comanies are not familiar with non-GC (such as US on H-1B candidates) so they are not ready to go for h-1B life insurance, but since New yourk life is Already in market for other ethanic communities that understand other immigration issues and ready to go for Non-GC candiadates too.
so my question is have you approached them during your efforts, what were your conclusions if you approached them.
more...
waitingnwaiting
05-31 11:10 AM
They fall under EB3. This bill if passed may be of some relief for EB3.
Yes this is EB3 relief bill.
Yes this is EB3 relief bill.
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getgreensoon1
04-21 08:21 AM
Say in clear and simple words -- are online degrees from University of North Dakota, University of Massachusetts, North Eastern University etc. legit ? Yes or No
Your beating around the bush and twisting words just show you have no argument. Didn't your MBA teach you that there is something called logical argument? Or was your degree from the like of TVU ?
It is only YOU who think that online degree does not have recognition . If you are yet to understand the power of Online educatoin you are probably living in stone age.
BTW, I do not have a online degree (though I plan to go for an online MBA) but I am pissed off when I see some so called educated people are so eager to get a GC that they will probably kill others to make their way.
May your online MBA make you so powerful that you can compete with all the top of the line MBAs.
Your beating around the bush and twisting words just show you have no argument. Didn't your MBA teach you that there is something called logical argument? Or was your degree from the like of TVU ?
It is only YOU who think that online degree does not have recognition . If you are yet to understand the power of Online educatoin you are probably living in stone age.
BTW, I do not have a online degree (though I plan to go for an online MBA) but I am pissed off when I see some so called educated people are so eager to get a GC that they will probably kill others to make their way.
May your online MBA make you so powerful that you can compete with all the top of the line MBAs.
more...
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inspectorfox
08-27 04:11 PM
Apply on the date your 6 months are left. Use the couple of months before that to follow up with your employer and Lawyer and get all paperwork done and application packet ready. If lawyer or the employer is slow, then one needs to push them since ultimately you are going to be affected and nobody else.
The onus is on the H1B worker to be diligent and not leave everything to the last few months. DMV is only following the rules. Maybe some of them are not aware of the rules. The issue of not getting license despite H1B approvals, and H4s not getting DL is something one can take up as an issue with media and authorities. But just because the person did not bother to get the H1B extended until the last moment cannot be an excuse for relief when we approach the authorities.
In some situations you would want to delay filing of your H1 extension.
I did exactly this as my I140 has been delayed in background check since October 2006. I did not want to rush with filing my H1 extension as I could benefit from getting a 3 year extension instead of 1. Unfortunately USCIS never took a decision on my I-140 case till date even after I upgraded to premium processing in June. I filed for my H1B extension in regular processing on the very last day hoping I would see a I140 approval.
The onus is on the H1B worker to be diligent and not leave everything to the last few months. DMV is only following the rules. Maybe some of them are not aware of the rules. The issue of not getting license despite H1B approvals, and H4s not getting DL is something one can take up as an issue with media and authorities. But just because the person did not bother to get the H1B extended until the last moment cannot be an excuse for relief when we approach the authorities.
In some situations you would want to delay filing of your H1 extension.
I did exactly this as my I140 has been delayed in background check since October 2006. I did not want to rush with filing my H1 extension as I could benefit from getting a 3 year extension instead of 1. Unfortunately USCIS never took a decision on my I-140 case till date even after I upgraded to premium processing in June. I filed for my H1B extension in regular processing on the very last day hoping I would see a I140 approval.
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sidbee
01-14 08:42 PM
`Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then.
This if i am reading and understanding right may not be too bad. Let me kow if i am missing anything......
I think its only 1 time amnesty to all aliens who were present 5 years from date of enactment of this law, if it becomes a law.
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then.
This if i am reading and understanding right may not be too bad. Let me kow if i am missing anything......
I think its only 1 time amnesty to all aliens who were present 5 years from date of enactment of this law, if it becomes a law.
more...
prince_waiting
10-12 03:13 PM
Emails dispatched. Got acknowledgement.
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Hassan11
02-08 03:44 PM
I am in a similar situation. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bechelor degree even though I have a masters degree then I filed for the I-140 (priority date May 2005). then I got a promotion to a senior financial analyst which requires a masters degree. so I automatically could apply file a second LC to file under (category 2 which is current). however my cecond LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal in Sep 2006 and I ve been waiting since then. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you
more...
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smisachu
08-30 09:51 PM
our immigration department told me that as per USCIS regulation they can not apply earlier than 6 month of expiry date
Strange...
No, I am positive. My H1 was expiring 9/21/2007. I applied on 01/05/2007. Received 3 year approval in April 2007.
Strange...
No, I am positive. My H1 was expiring 9/21/2007. I applied on 01/05/2007. Received 3 year approval in April 2007.
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rajesh_kamisetty
08-13 09:03 PM
I will do the #3 and #4 by tomorrow EOD.
It is nice to see that the senior leadership is taking notice of the 'pain' some of us are going through right now.
Disclosure : I have already received 2 year EAD (thanks to IV). I have taken initiative to bootstrap the effort to help others who haven't been so fortunate. Since we are all in the same boat let us watch each others back for a change, instead of trying to backstab each other at every available opportunity.
This is NOT a yet another case tracker /EAD tracker thread. I don't believe that just tracking stuff will change anything. Be it EAD issue or any other, real world action is needed to solve it.
I have started this thread to guage the impact this issue has had on our community , how many members are affected, what actions have been taken by them, so that next steps can be taken. If a large number of members are impacted IV may decide to take up the issue.
Here are the options available to applicants
1) Call National Customer Service Center and create a Service Request (SR) to expedite the case
2) Fax and mail a letter to Service Center requesting to expedite the case due to possibility of job loss. Since the burden of proof is on the applicant - a letter from the company that EAD is necessary for continuation of job may help.
3) If steps 1 and 2 don't produce the results and CRs refuse to open SRs citing silly reasons, USCIS Ombudsman may be approached.
Here's how you can do that - http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
4) Approach your US Congressmen/women Representative/Senators. Every office has a different form for requesting Immigration help. They can open an inquiry with USCIS on your behalf.
Following the above (4) steps is no guarantee that your case will be resolved. But it is necessary that we follow all possible avenues before the issue needs to be escalated. We shouldn't feel embarassed at the question "Did you follow up with all these avenues available to you?". Our answer should be - "Yes. We did all that and it didn't help". And we should be able to produce the proof that we did do all the four steps mentioned above.
If you have done all the four or after you have exhausted all avenues, AND are willing to take it further - speak to the media, participate in possible IV campaign etc., post your details. We need members ready to go public with the issue if we want to succeed.
Right now, I have started this as an individual initiative. But I am sure that IV will get involved once it's proven that a large number are impacted and there are enough members to turn it into a campaign.
It is nice to see that the senior leadership is taking notice of the 'pain' some of us are going through right now.
Disclosure : I have already received 2 year EAD (thanks to IV). I have taken initiative to bootstrap the effort to help others who haven't been so fortunate. Since we are all in the same boat let us watch each others back for a change, instead of trying to backstab each other at every available opportunity.
This is NOT a yet another case tracker /EAD tracker thread. I don't believe that just tracking stuff will change anything. Be it EAD issue or any other, real world action is needed to solve it.
I have started this thread to guage the impact this issue has had on our community , how many members are affected, what actions have been taken by them, so that next steps can be taken. If a large number of members are impacted IV may decide to take up the issue.
Here are the options available to applicants
1) Call National Customer Service Center and create a Service Request (SR) to expedite the case
2) Fax and mail a letter to Service Center requesting to expedite the case due to possibility of job loss. Since the burden of proof is on the applicant - a letter from the company that EAD is necessary for continuation of job may help.
3) If steps 1 and 2 don't produce the results and CRs refuse to open SRs citing silly reasons, USCIS Ombudsman may be approached.
Here's how you can do that - http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
4) Approach your US Congressmen/women Representative/Senators. Every office has a different form for requesting Immigration help. They can open an inquiry with USCIS on your behalf.
Following the above (4) steps is no guarantee that your case will be resolved. But it is necessary that we follow all possible avenues before the issue needs to be escalated. We shouldn't feel embarassed at the question "Did you follow up with all these avenues available to you?". Our answer should be - "Yes. We did all that and it didn't help". And we should be able to produce the proof that we did do all the four steps mentioned above.
If you have done all the four or after you have exhausted all avenues, AND are willing to take it further - speak to the media, participate in possible IV campaign etc., post your details. We need members ready to go public with the issue if we want to succeed.
Right now, I have started this as an individual initiative. But I am sure that IV will get involved once it's proven that a large number are impacted and there are enough members to turn it into a campaign.
more...
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Macaca
06-16 07:37 PM
immigrants now pay for 90 percent of the agency's budget. They subsidize even non-paying applicants such as refugees, asylum seekers and U.S. military members.
(Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html))
The funds provided to jumpstart USCIS’ backlog elimination project have expired and the total number of pending cases has increased. This result does not bode well for USCIS as it must rely on only its own resources to continue the backlog reduction effort. This could be particularly problematic if there is comprehensive immigration reform.
The DHS Inspector General’s assessment cited in last year’s annual report remains true today: “[. . .] reclassifications, as well as the strategy of relying upon temporary employees, may benefit USCIS in the short-term, [B]will not resolve the long-standing processing and IT problems that contributed to the backlog in the first place. Until these problems are addressed, USCIS will not be able to apply its resources to meet mission and customer needs effectively
Pages 11-12
Last June, U.S. immigration officials were presented a plan that supporters said could help slash waiting times for green cards from nearly three years to three months and save 1 million applicants more than a third of the 45 hours they could expect to spend in government lines.
It would also save about $350 million.
The response? No thanks.
Leaders of U.S. Citizenship and Immigration Services rejected key changes because ending huge immigration backlogs nationwide would rob the agency of application and renewal fees that cover 20 percent of its $1.8 billion budget, according to the plan's author, agency ombudsman Prakash .
(Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html))
(Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html))
The funds provided to jumpstart USCIS’ backlog elimination project have expired and the total number of pending cases has increased. This result does not bode well for USCIS as it must rely on only its own resources to continue the backlog reduction effort. This could be particularly problematic if there is comprehensive immigration reform.
The DHS Inspector General’s assessment cited in last year’s annual report remains true today: “[. . .] reclassifications, as well as the strategy of relying upon temporary employees, may benefit USCIS in the short-term, [B]will not resolve the long-standing processing and IT problems that contributed to the backlog in the first place. Until these problems are addressed, USCIS will not be able to apply its resources to meet mission and customer needs effectively
Pages 11-12
Last June, U.S. immigration officials were presented a plan that supporters said could help slash waiting times for green cards from nearly three years to three months and save 1 million applicants more than a third of the 45 hours they could expect to spend in government lines.
It would also save about $350 million.
The response? No thanks.
Leaders of U.S. Citizenship and Immigration Services rejected key changes because ending huge immigration backlogs nationwide would rob the agency of application and renewal fees that cover 20 percent of its $1.8 billion budget, according to the plan's author, agency ombudsman Prakash .
(Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html))
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dontcareanymore
03-18 04:46 AM
You may have trouble entering the country. There was an article on this very subject on murthy.com . You may search for the article with the key word.
From what I remember from that article, misdemeanors are not considered as inadmissibility, but the catch is, if the crime is a "felony" but ruled "misdemeanor" that could be treated as ground for inadmissibility. The shop lifting was given as an example of such case. I don't mean to scare you , but re-entry may not be your only issue, I think I485 approval may also be an issue.
I am sure I must have missed some thing in paraphrasing and recollecting the article, but you could search for the original article.
Goodluck.
Disclaimer : I am not a lawyer. This is just my opinion based on my recollection of reading some thing online on a general topic. You are probably better off discussing your specific case with a qualified attorney.
Gurus,
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
From what I remember from that article, misdemeanors are not considered as inadmissibility, but the catch is, if the crime is a "felony" but ruled "misdemeanor" that could be treated as ground for inadmissibility. The shop lifting was given as an example of such case. I don't mean to scare you , but re-entry may not be your only issue, I think I485 approval may also be an issue.
I am sure I must have missed some thing in paraphrasing and recollecting the article, but you could search for the original article.
Goodluck.
Disclaimer : I am not a lawyer. This is just my opinion based on my recollection of reading some thing online on a general topic. You are probably better off discussing your specific case with a qualified attorney.
Gurus,
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
more...
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Michael chertoff
04-21 01:47 PM
Hello,
i am lawful permanent resident. I want to bring my parents here permanently. I got nobody in India to take care of my parents.
When i was small, my parents took care of me. When i need them, they are their for me.
Now my parents need me. But i am not their for them. I feel very guilty and sad. I want to bring my parents in US. So i can take care of them.
How can i bring my parents permanently.
I know, i can bring them after i get citizenship, that is too long wait.
i just want to bring them now. So they can have good life with me. Anybody know, how can i bring them in US soon.
i saw some petition signed by many Indians for this request. Can somebody please go forward with this.
Current president will understand our request and help us. He is very nice and kind person. He loves family and his mother in law lives with his family. He knows values of grand parents.
Indians live with family, that makes Indian family stronger and less divorce. And Indian kids are well taken care by grand parents. So they are well behaved and best kids.
We need this permission. Please work together and get this permission.
I read this in a website. Is this possible? I want to explore all possible steps.
Please help.
God bless you.
Green Card for Parents - Sponsoring Parents for Green Card
Green Card Process for My Parents (Mother, Father)
An immigrant (also called a "lawful permanent resident" and Green Card holder) is a foreign national who has been granted the privilege of living and working permanently in the United States. Your parents (mother, father) must go through a multi-step process to obtain a Green Card and become an immigrant. First, the U.S. Citizenship and Immigration Services (USCIS) must approve an immigrant petition that you file for your parents. Second, the State Department must give your parents an immigrant visa number, even if they are already in the United States. Third, if your parents are already in the United States legally, they may apply to adjust to permanent resident status. If they are outside the United States, they will be notified to go to the local U.S. Consulate to complete the processing for an immigrant visa (Green Card).
you really want to take care of your parents or you are just looking for baby sitters.
MC
i am lawful permanent resident. I want to bring my parents here permanently. I got nobody in India to take care of my parents.
When i was small, my parents took care of me. When i need them, they are their for me.
Now my parents need me. But i am not their for them. I feel very guilty and sad. I want to bring my parents in US. So i can take care of them.
How can i bring my parents permanently.
I know, i can bring them after i get citizenship, that is too long wait.
i just want to bring them now. So they can have good life with me. Anybody know, how can i bring them in US soon.
i saw some petition signed by many Indians for this request. Can somebody please go forward with this.
Current president will understand our request and help us. He is very nice and kind person. He loves family and his mother in law lives with his family. He knows values of grand parents.
Indians live with family, that makes Indian family stronger and less divorce. And Indian kids are well taken care by grand parents. So they are well behaved and best kids.
We need this permission. Please work together and get this permission.
I read this in a website. Is this possible? I want to explore all possible steps.
Please help.
God bless you.
Green Card for Parents - Sponsoring Parents for Green Card
Green Card Process for My Parents (Mother, Father)
An immigrant (also called a "lawful permanent resident" and Green Card holder) is a foreign national who has been granted the privilege of living and working permanently in the United States. Your parents (mother, father) must go through a multi-step process to obtain a Green Card and become an immigrant. First, the U.S. Citizenship and Immigration Services (USCIS) must approve an immigrant petition that you file for your parents. Second, the State Department must give your parents an immigrant visa number, even if they are already in the United States. Third, if your parents are already in the United States legally, they may apply to adjust to permanent resident status. If they are outside the United States, they will be notified to go to the local U.S. Consulate to complete the processing for an immigrant visa (Green Card).
you really want to take care of your parents or you are just looking for baby sitters.
MC
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gk_2000
04-21 03:21 PM
To OP: Why didn't you add your parents to your GC application as your dependents? Check if you can do so now..?
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vinodmp
02-11 09:52 PM
digging through my old documents now.
I was mistaken reading the labor cert application. It did say "we accept BS + 5 years progressive experience".
I am 3 year Eng diploma + 1 year Eng post Diploma + 10 year exp in India + 5year Exp in US before filing Labor Cert .
I do have a copy of the Educational evaluation used by my old attorney which says US master equivalent.
As one member pointed out , there is a possibility that my original employer might have sent a letter saying Labor cert has mistakes but I have no way to confirm that . Or it could that the Officer is just trying to find any small thing to make the case deny.
I am digging all my old docs to give it to my attorney and see what he is going to day .
Thanks for all the support folks .
-vinod
I was mistaken reading the labor cert application. It did say "we accept BS + 5 years progressive experience".
I am 3 year Eng diploma + 1 year Eng post Diploma + 10 year exp in India + 5year Exp in US before filing Labor Cert .
I do have a copy of the Educational evaluation used by my old attorney which says US master equivalent.
As one member pointed out , there is a possibility that my original employer might have sent a letter saying Labor cert has mistakes but I have no way to confirm that . Or it could that the Officer is just trying to find any small thing to make the case deny.
I am digging all my old docs to give it to my attorney and see what he is going to day .
Thanks for all the support folks .
-vinod
gc28262
01-14 02:33 PM
H1b and Green cards are allowed to have out of country stays. so if you are out of country for less than six months, it may still be considered as continuous stay. the intent of writing the word "continuous" is to declare that at any point, the immigrant had no intentions to leave the country and relinquish his immigrant status. for the legal immigrant, that should be acceptable.
Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien-
(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then
(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
b) accounts for the temporary absences of alien
Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien-
(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then
(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
b) accounts for the temporary absences of alien
indianindian2006
03-16 01:34 AM
Welcome back UN. One question. Does the USCIS have ability to check credit histroy.
Lots of things have changed since 9/11. Browse immigration.com for peoples postings over the last seven years and find some articles written by attornies and deportation cases.
Before your flight even takes off; the passenger manifest is sent to Department of Homeland Security. They run it against every database they have. Before, you land they already know whether you have a criminal record (expunged or not); you have a warrant or are on a terror watch list.
There were some high profile cases where department of homeland security received the information late and had the plane diverted to Canada and had passenger removed who was on such list. I even believe Cat Stevens was denied entry after his plane left England. I think the plane had to stop in Nova Scotia and they wouldn't let him back onto the plane.
I have known people who had shoplifting record in California that was expunged. When they went for visa stamping they answered that they hadn't been arrested (chennai consulate). Visa officer already had the information and confronted person with it. Person explained that since it was expunged; their criminal attorney told them they didn't need to declare such things. Person had to get the court/arrest records to show consulate (Person is on h-1b and has US citizen child (for what it's worth). Don't know if person was able to come back here.
In local office interviews; people have been asked if they have criminal record (I/O's basically ask every question again on 485 and g-325a; just to see if person is telling the truth (they already know the answer). Person replied no and USCIS officer stated that was not the information they had and confronted the person with the record.
Every time someone opens up a bank account, brokerage account, etc.; their name gets sent to Washington DC and checked against terrorist watch lists under the anti money laundering rules which I believe came into effect in 2002. Why is that relevant.
I know of two people. One lady who after she got EAD/AP was awaiting local office interview. She went to India and came back to USA. At the border; CBP asked her if she owned any company. Before, she could answer they named the company. In her passport, they made annotation of possible immigration fraud and sent her for deferred inspection to local CBP office. Lucky for her she had opened up the company after she got EAD and CBP allowed her in and eventually she got greencard (she opened up the company and had husband contracting through the company).
Another person I know; he had H-1b and was working for some motels (he specifically told me he did IT work and wasn't working as a clerk and the company was a holding company with many motels). His case was transferred to local office. Local office called him and stated they wanted him to come to office next day. When he went they asked him why he was listed as an account signatory on the motels bank account. They thought he wasn't doing h-1b work and was doing unauthorized work.
Both of the above cases I know intimately. They both got on radar of USCIS because of the anti money laundering rules and their names came up against the databases that USCIS checks and they decided to start further investigating.
This is one of the reasons that these background checks take so long. There is a lot more they do other then check to see if you are a terrorist.
Department of Homeland Security has access to a lot of information that they didn't have before.
Lots of things have changed since 9/11. Browse immigration.com for peoples postings over the last seven years and find some articles written by attornies and deportation cases.
Before your flight even takes off; the passenger manifest is sent to Department of Homeland Security. They run it against every database they have. Before, you land they already know whether you have a criminal record (expunged or not); you have a warrant or are on a terror watch list.
There were some high profile cases where department of homeland security received the information late and had the plane diverted to Canada and had passenger removed who was on such list. I even believe Cat Stevens was denied entry after his plane left England. I think the plane had to stop in Nova Scotia and they wouldn't let him back onto the plane.
I have known people who had shoplifting record in California that was expunged. When they went for visa stamping they answered that they hadn't been arrested (chennai consulate). Visa officer already had the information and confronted person with it. Person explained that since it was expunged; their criminal attorney told them they didn't need to declare such things. Person had to get the court/arrest records to show consulate (Person is on h-1b and has US citizen child (for what it's worth). Don't know if person was able to come back here.
In local office interviews; people have been asked if they have criminal record (I/O's basically ask every question again on 485 and g-325a; just to see if person is telling the truth (they already know the answer). Person replied no and USCIS officer stated that was not the information they had and confronted the person with the record.
Every time someone opens up a bank account, brokerage account, etc.; their name gets sent to Washington DC and checked against terrorist watch lists under the anti money laundering rules which I believe came into effect in 2002. Why is that relevant.
I know of two people. One lady who after she got EAD/AP was awaiting local office interview. She went to India and came back to USA. At the border; CBP asked her if she owned any company. Before, she could answer they named the company. In her passport, they made annotation of possible immigration fraud and sent her for deferred inspection to local CBP office. Lucky for her she had opened up the company after she got EAD and CBP allowed her in and eventually she got greencard (she opened up the company and had husband contracting through the company).
Another person I know; he had H-1b and was working for some motels (he specifically told me he did IT work and wasn't working as a clerk and the company was a holding company with many motels). His case was transferred to local office. Local office called him and stated they wanted him to come to office next day. When he went they asked him why he was listed as an account signatory on the motels bank account. They thought he wasn't doing h-1b work and was doing unauthorized work.
Both of the above cases I know intimately. They both got on radar of USCIS because of the anti money laundering rules and their names came up against the databases that USCIS checks and they decided to start further investigating.
This is one of the reasons that these background checks take so long. There is a lot more they do other then check to see if you are a terrorist.
Department of Homeland Security has access to a lot of information that they didn't have before.
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