Wednesday, June 8, 2011

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  • amit_sp
    03-05 03:33 PM
    I also received RFE for my application. I am EB3-India with PD of Oct 2003. The RFE was about missing signatures on 2 forms (though I could see my signature there; I just re-signed those) and missing I-94s.




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  • addsf345
    11-12 02:07 PM
    Found some interesting explanation about New interpretations on section 245(k). This has 180 days tolerance even if you continue work without legal status when in confusion, like the one you asked for.

    LINK: http://indiapost.com/article/immigration/3783/

    "The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.

    If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."

    I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.

    Gurus, please disect this if what I understood is true?

    found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.




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  • bombay
    02-08 10:07 PM
    Hi,
    I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.

    Here is my story:

    I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.

    I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?

    Thank you very much for taking time to read this.

    I am in the same boat as yours. Let me tell you my story and my ways. I hope you may get some idea but it does not mean you can do the same.

    I am a hard working guy, IIT bombay and came to US on 2002( H1B). Prior to that i have a self start business with employees working in India.

    The company where i am working was giving me a tough time with deadlines and i used to work 110 hours every week. I managed to get 1 month vacation in december and start searching for someone from shaadi.com. I had a list of 10 girls born in india(nurse, GC holders) so i started approaching each that i am going to india to get married The first few rejected me and one accepted and i have to book her tickets to india and do all the marriage expenses. The girls parents did not give a penny not purchased few dress for the girl to come and stay in my house for 3 days. My in laws demanded my parents that i should stay at their house for 7 days so i did. During the stay they pointed errors on me and the same thing happened when i came to US with my wife. I was tensed, started skipping lunch and working hard with couple of coffee. At last i was unable to concentrate on my work and used to get drowsy at work. Meantime when i stayed at her parents house they wanted the daughters to buy a house near to their house and after few years come back to india. Which i told a straight NO. After coming to US my wife send $34.5K to india to buy land as forced by her dad. and after one more year her dad asked for 10 lakhs more. Which she send to her dad. They had purchased a house in her brothers name at this point. From marriage till now, we don't have a common bank account, no same last name (its now 2 years after marriage)., I have no idea about her money nor her bank accounts nor credit cards. She has asked me for divorce 2 times, first time after 1 month and later after 3 months after mariage and last month her dad and her brother are asking for a divorce. Her brother send me one email that my side was asking dowry and second email that i am harrasing her. Her brother have send me a intelligent email that can be used against me for divorce or putting me behind bars.

    What i understand from the issues,
    1. If your in laws are uncultured. Whenever you talk use some bad words. No matter what happens.
    2. If they ask you for divorce, tell that you are ready Lets do it today. download the divorce forms from the website and tell that you would gladly do whatever the court tells you to do. you will opt for joint custody of the baby and she has to pay you child compensation as per the laws of united states. (since you have spend more than 1 year in US so you can take divorce here).
    3. If you have to send money to your parents send it. you are a guy and have to take care of your parents. Marriage does not have a meaning if both sides don't work at it and divorce is very common in US. If not today then tommorrow the day will come.
    4. Be bold. don't make your weakness take control over you. If you think you want to move out to a appartment move out. If you think you want to come home and lock yourself in a room till next day do it.
    5. Learn spouse abuse terms and battery types from the internet. Never do anything that will cross that line. My wife started threatingme about spouse abuse just one month after marriage. I started avoiding her totally. My famous dialogue I don't care.
    6. Explain your wife, You know men are weak and i will do everything that is as per law. If we get into a divorce i will accept it and pay the child support or leave this country. What do you want? Make her feel that she is unsecured.
    7. Be careful in laws can be bitches.

    Bottomline :- If you get scared, you will ruin your life. the society won't respect you because you will soon gain a bad temper. Nor your wife will stay with you if you are a failure.

    Anyway, I am married for 2 years, no kids. Not planning anyway for kids . I pray to god that i don't end up like you. The only positive thing is my wife is a GC holder and earns more than me.




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  • p_kumar
    07-20 03:28 PM
    I thought if we dont get the EAD after 90 days, we can walk into the US Embassy in the city nearer to us and get the EAD on the spot(more like a driver's license).:eek:



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  • ssnd03
    04-01 05:25 PM
    OK now Mr. non-retard...cud u do all of us a favour by showing some article which says, US democracy is the same for citizens and foreigners. Send us a link from some Govt web site that says this. If u cant substantiate ur statements admit that u r a retard.

    Dude "Dard-e-disco" you are such a numbskull.

    On numerous occasions foreigners have sued USCIS for processing delays and errors and on numerous occasions US judges have ruled in favor of the foreigner. Just check the PACER for court records.

    My EAD was delayed by USCIS and on local congressman's demand USCIS immediately processed it.

    Your lack of education is so transparent and obvious that you want me to show you a website which says foreigners and US citizens will be treated alike. You are lucky that you are in US and retards like you are tolerated even though your sound clinically ill.




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  • santb1975
    07-16 11:11 AM
    People receive emails about info. posted on state chapters. I have asked other chapter leads to post on their chapter boards as well. I am not sure if we have a consolidated, updated and verified list of all the members across all the state chapters to be able to send an email at this time.

    Admins

    is it possible to send an email, probably daily once to all members about High Five ?
    I feel that most of the members are not aware at this time. Usually when ever something is happening live at senate or congress, more members visit and follow the proceedings. Since there is nothing like that right now, i think it's time to communicate to all of'em.
    Just a thought to increase the momentum. This is a great initiative indeed in this tough economy

    By the way, i've mailed another check of $50 today morning, towards yesterday's target of $2000

    Satya



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  • tikka
    07-18 02:04 PM
    As a $20 recurring contributor till now, I am upgrading my monthly contribution to $50 from today onwards.


    Good luck to everyone and my wishes to IV CORE.

    Also IV membership just crossed the 21000 mark.

    Threads: 5,912, Posts: 118,961, Members: 21,000 , Active Members: 14,163

    for your contribution.. :)




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  • ind_game
    05-15 09:50 PM
    Hi! I have some questions:

    1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?

    2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?

    Thanks.

    1. Yes, I have been having an attorney all the way thru the two MTRs

    2. Yes, I-140 approval copy was present in my first MTR. My first MTR did not have AC 21 memo. AC21 memo (2003 Yates Memo) was present in my second MTR when we filed it. Of course, I-140 approval copy was there in the second MTR.



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  • CHHAYA
    09-01 01:56 PM
    Landed in Aug/2001 on H1B
    Changed Employer in Apr 2002
    Filed Labor May 03
    Labor Approved in 06
    Filed I-140 and approved in late 06
    Filed I - 485 in 07
    Surviving on EAD.




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  • sanjay
    04-30 04:03 PM
    They are done with the hearing?? WTF???? Have they got any fruitful information out of it? I feel so deceived..!! I think its all a farse..

    Damn u USCIS and Damn u congress who hold our cause hostage to those illegal immigrants.

    No fruitful results. As expected nothing happened. Actually, I would had got surprised if something had happened. plight of a legal immigrant from retrogated countries remains the same.

    Back to work now.



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  • USDream2Dust
    07-11 10:41 AM
    First new Iphone and now this news. I am still in Sep 06 but this type of things keeps the hope alive :).

    Yuuuuuuuuuuuuuhuuuuuuuuuuuuuuuuuuuuuuu




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  • coopheal
    06-02 01:59 PM
    Contributed $100 for June
    Receipt ID: 47W850****



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  • mpadapa
    09-10 09:21 PM
    HR 5882 has the answer for the FIFO problem.
    USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.

    Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.


    Can some gurus answer this...
    Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?

    OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?

    If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.




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  • jonty_11
    07-06 01:35 PM
    66K plus 60K still only makes 126K, do they still have another 20K or so? How does the math tally here?

    I think this all boils down to them wanting to clear the 485 backlog without accepting any more 485s all while not wasting any visa numbers for this year.
    In an effort to juggle all these issues, they screwed it all up.

    Bottom line is they want to streamline the system such that they don't have "unapprovable" 485s in the system. They have caught on to the way the lawyers and us legal immigrants were filing 485s to get our foot in the door then sitting tight for eons. They simply don't want that. They either want you here on a visa or on a green card straightforwardly. Thats what I am getting from all this.
    Could be, But I still feel they did this to avoid a but load of applications simple because they DO NOT WANNA WORK.
    If they think that we should be on GCs or VISA only, then they would be already working on streamlining the sytem instead of wasting so many VISAS every year as per Ombudsman's report.



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  • jkays94
    07-20 01:21 PM
    How many though contacted their Senators for this ammendment ? Chances are that Numbers USA probably put in more calls than the proponents of this measure. The least one can do is let your Senator know of your disappointment and let those who voted in favor of your appreciation otherwise if one is silent how is the Senator to know if it impacts their constituents.




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  • diptam
    08-11 05:10 PM
    hpandey,
    I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?

    How come Eb2 and Eb3 for Non-concurrent filers in TSC is moving so fast ?

    They have taken some deliberate steps internally not to process certain applications - which is Unfair and Illegal from a USCIS FIFO perspective and that is what we are trying to Protest professionally.

    Let me know what you think !

    Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.

    http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html



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  • Edison99
    11-16 08:39 AM
    Great!
    Thanks for the updates�..

    Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.




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  • BPforGC
    03-18 10:13 AM
    If you pass substantial presence test and treated as resident for tax purposes, you get the check from IRS. Mots of us file 1040A for taxes. Only few of us do not qualify as residents for tax purposes file 1040NR, those don't get.

    If your spouse doesn't work and have a child, then you may qualify as head of household and sometimes get bigger check.

    Only few desi's will not qualify for this check but whoever stays here for more than couple of years and filed taxes in 2006, don't worry.




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  • pbojja
    09-11 04:38 PM
    Lets set the delivery date for Ocotober 2nd - Gandhi Jayanthi . I think thats the great day to express our opinion.




    sayantan76
    01-07 09:07 AM
    Please read my statements properly. I have taught about 100 (the number of students in my last 5 classes were about 70, 30, 25, 25, 12). My colleagues have been observing the same issues for last 5-7 years when the number of students from India started to surge. The number 1000 is the estimate for over the 5 year period. Both numbers are conservative estimates.
    and why, pray, does your esteemed school keep accepting students from these so called "sub-standard" colleges in india? i would say 5-7 years of observed emperical evidence calls for some substantial action on your and your school's part in black-listing these institutions........so, either:

    1. you are blowing smoke through eveyone's a** here or
    2. the school is greedy for tuition fees - proving an earlier contention made in this thread about it being all about money....

    P.S - i am not from one of these schools so no personal stake!




    parvatneni
    09-10 11:50 PM
    Hello november

    Are u sure that "http://mumbai.usconsulate.gov/cut_off_dates.html" is not any error ?

    If yes! How come china status is not indicated explicitily as is indicated in travel.state.gov?

    Does any one have previous month cut off date from this site ?

    I am fairly new to this forum -Excuse my ignorence incase if this does not make any sense.



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