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  • logiclife
    12-20 08:31 PM
    On a second thought, If I interpret it correctly...

    the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien�s admission.


    I exceeded 180 days and was out of status, but the law says that you shouldn't exceed 180 days :eek:

    yes, but that happened prior to your last admission in USA and prior to your filing of 485.

    Make sure that it doesnt happen now. What happened before your last entry into USA and before 485 filing is like what happened in Vegas.

    Relax my friend, if you still cant find solace, then surely talk to a lawyer. I always do that when in doubt because frankly, there is a reason why professinals exist.

    Also, search "245(k) immigration" in google and read lawyer's interpretations of section 245(k), you will understand what I am saying.





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  • Znan
    07-12 11:51 AM
    Guru, please help, my 140 is approved with my original employer who got acquired by a big fish. The Big Fish filed for a new 140 (they called it amendment I guess) and that is still pending. My priority date is Sep'05 EB2. Would I qualify to be lucky in the lottery game with this movement? Please help.



    http://www.immigration-law.com/



    Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month: .





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  • IAF
    11-11 01:28 PM
    I agree!

    The three prone system is in place to keep check and balances. I think it will be good idea to take it to judiciary. Judiciary can advice legislative and executive branch to resolve the problem. I think just going to that level will trigger lot of momentum.





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  • Legal
    12-27 09:58 AM
    We cannot save for our children's college in college savings plan as every plan needs a GC.

    NOT TRUE.

    You are considered a permanent resident for tax purposes. :mad:
    If you noticed carefully most mutual fund application forms ask "are you a
    resident of US? " i.e they are asking you "are you a resident for tax purpsoses". You are not visiting US of r6 months or you are not trying to open an account while living in India. Just say YES;)



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  • flresident
    04-08 11:36 AM
    I went to India for vacation in Dec end, 2008 and came back on Jan end, 2009.
    This was my 4th trip in 8 years.

    POE: Atlanta with my wife and 2 kids.
    process was lengthy but lady officer was very nice, usual questions, no issue at all.

    I renewed my H1b stamp in India also. same. usual questions about my job and visa. some questions to my wife also for H4 renewal. No issue at all.

    I hope this helps (in calming down) guys who are visiting india. No need to panic if your documents are ok.





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  • texanguy
    06-08 06:26 PM
    I thought the spillover starts at July, but it doesnt look that way. When would they do the spillovers? in next two months??? i thought we are done for 2009 quota...

    That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.

    Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
    Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.



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  • bharani
    10-17 11:08 AM
    Just mailed the letter.





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  • srkamath
    07-12 08:26 PM
    This part is self-explanatory. It seems that USCIS made a list of all the applicants to Jul 08, 2007 by setting PD to Jun 01, 2006.

    Documentarily Qualified might possibly imply:
    .. Medically OK
    .. FP and Name Check OK
    .. Everything in application is consistent (e.g. DOB, Name, Kids, Spouse)
    .. Requires No RFE
    .. Requires no interview
    .. Just requires GC (Visa) Number

    My 2 cents input
    Thanks for your response,
    I did some more searching on the DQ issue... it seems like it is a term applicable only to consular processing. When a visa applicant has responded to something like an RFE by sending a form DS2001 AND has cleared all background checks - he/she is called "DQ".

    The equivalent for AOS cases may therefore be
    - Completed and signed I-485 + Fees
    - All initial evidence sent such as medical etc.
    - Background checks cleared (or 180 days have passed)
    My guess is DQ does not mean pre-adjudicated (I hope so...)



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  • lvinaykumar
    07-07 02:27 AM
    Good to see the line is moveing forward insted of backward :D





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  • mbawa2574
    02-15 04:31 PM
    Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
    But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'

    :mad:



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  • vin13
    03-10 10:32 AM
    I have enough miles to get about 3 round trip tickets. Please PM me if you are in need for participating at the DC event.

    Please note that priority would be given to

    1) someone from mid-west or south-west. Basically the preference is for someone who is not within the drivable distance.

    2) You also need to be registered for the advocacy day.

    3) You also have to be willing to participate in the training and the 2 days of advocacy.

    4) You need to PM me with your name and phone number and good time to reach. There is not much time to go back and forth on PM or emails.

    Please note that number of tickets available for miles redemption would be less so we need to act fast.

    Thanks





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  • bsbawa10
    03-09 03:48 PM
    hey bsbawa atleast ur pd is apr 04, now it is feb 04 for you , there is hope that you will get it by this year end atleast, think about folks like me, i have to wait till 2019 to get my eb3 to current......... so stop crying and be happy that atleast ur in EB2........ :o

    I came in 1999 and filed GC atleast 5 times (every time sometthing went bad), spent atleast 30,000 dollars. Applied for immigration to Australia and got rejected so the anguish is natural.



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  • H1Girl
    03-09 12:38 PM
    ...
    Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.

    I wouldn't wonder...It's all supply and demand. We have to understand that...





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  • lazycis
    12-22 08:59 AM
    I may be wrong, but it seems that attorney screwed up. You should've filed I-485 based on a future employment offer from company A (I-140 petitioning employer).



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  • kpchal2
    07-18 09:52 AM
    hi all, in the same boat too. mine was filed on july 2nd and there is a fedex confirmation about it. i did not hear from any one i know about these rejections or returns until i saw gregs blog. can any one shed a light if they know some one who got a reject. also can you please let me know if there is any way we can find out from uscis or from any one relevant about our application. it is too much of a hassle already and dont want to add more delays to this already cumbersome and sleepless process





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  • mheggade
    07-20 10:24 AM
    The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?

    DOS has stated that they have given entire EB1 over flow (approx 25,000 visa's) and EB2 ROW over flow to EB2 I and C. Per my estimate, It is definitely possible that we could see at least 30k to 40k EB2 I approvals for this FY.
    If only DOS pulls up some kind of trick and come up with strategy to give similar kind of over flow next year to EB3 I and C. We could see EB3 cut off move to Mid 2003.



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  • eb3retro
    06-10 01:32 PM
    Incorrect. You have to submit proof of employment. Basically a letter from employer. If you are unemployed that that will raise a red flag and you cannot renew your EAD anyways. So current and future employment letter is a must for getting EAD. Sometimes they even ask you for salary slips if they suspect your employment. In this proposed amendment the employer also has an obligation to record layoffs and inform government. That makes it very tough for EAD guys to renew their EADs. Even if you are not working for the same company that filed your EAD, USCIS record can show there were layoffs and your applications will be in trouble. Expect lot of RFE and denials. Remember AC21 denials last year?

    what the heck r u talking. i just renewed my EAD myself, no employment letter, no pay slip, no crap. Don't blabber if you dont know the details.





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  • nobody
    03-12 12:08 AM
    I voted thirdworldman. I'm kind of a sucker for the curved thing, though the train would have to be broken into soo many segments for it to actually corner a corner like that, we'll just assume it'd work :beam:
    I liked the texturing and all the most actually, the walls are cool :thumb:





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  • Leo07
    06-10 07:53 PM
    Thanks a bunch!





    jonty_11
    06-12 02:35 PM
    it is very easy to say - support CIR and get our ammendments attached to CIR...we were not even able to put forth our ammdmt on the floor last time around....It is not as easy as 1-2-3 ...
    SUpport BILL - Get Ammdt attached- Live happily ever after....

    NUmber 2 above - Getting Ammddt attached - is next to impossible given the anti immigrant mood already persistant in senators (due to so many provisions for illegals) and also the Anti H1B lobbying thats been going on.
    Remember we are always grouped with H1B folks, when it comes to GC





    gauravster
    02-18 06:08 PM
    I am not sure if I am missing something, but going through the document, it looks like the bill is for legals and illegals alike. It does not mention that you have to be illegal to qualify for permanent residence, just that you should have been in the US for 5 years. This allows for casual/innocent absence, not sure what that means though.

    The only loophole I see in the statment is that it says that DHS may change status to legal resident, meaning that it could be restricted by the DHS in any way they like.



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