mrajatish
07-08 10:07 AM
Hi,
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.
2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).
3. Did the period length where he did not have a pay check exceed 180 days at a stretch?
Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.
2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).
3. Did the period length where he did not have a pay check exceed 180 days at a stretch?
Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.
wallpaper Will Smith joins wife Jada on
imbond707
08-06 08:41 AM
Dear Rolling_Flood,
Interfiling/PD Porting is a law. And I understand that you want to file lawsuit so that this law can be changed. If you are so adamant about this then why are you wasting your time to know our views on this? Why don�t you go ahead and file lawsuit? If indeed you succeed then what if Americans stands up and see opportunity from this case that EB based immigration system can be challenged and file lawsuit to change EB based immigration system that allows only PhDs to immigrate to US? And you are not PhD. Please for your sake take a moment and try to release negative energy you have and then you will see that this world is so beautiful.
May GOD give you wisdom. (Amen�)
James Bond
Interfiling/PD Porting is a law. And I understand that you want to file lawsuit so that this law can be changed. If you are so adamant about this then why are you wasting your time to know our views on this? Why don�t you go ahead and file lawsuit? If indeed you succeed then what if Americans stands up and see opportunity from this case that EB based immigration system can be challenged and file lawsuit to change EB based immigration system that allows only PhDs to immigrate to US? And you are not PhD. Please for your sake take a moment and try to release negative energy you have and then you will see that this world is so beautiful.
May GOD give you wisdom. (Amen�)
James Bond
Rolling_Flood
08-05 09:00 AM
Show me where it says in the law that a "person's eligibility decides EB1/2/3"?
Your job demands an EB3 and no higher, thus your company filed an EB3.
If you think you should be EB2 instead, then find another job or another company. What do you not understand?
And please refrain from using foul language, this is my first, and final, request to you, sir.
I am not anti-immigrant, just anti-porting and anti-interfiling.
As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.
"GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?
Your job demands an EB3 and no higher, thus your company filed an EB3.
If you think you should be EB2 instead, then find another job or another company. What do you not understand?
And please refrain from using foul language, this is my first, and final, request to you, sir.
I am not anti-immigrant, just anti-porting and anti-interfiling.
As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.
"GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?
2011 Charlize Theron and Will Smith
mrajatish
04-08 11:39 PM
I think we all agree that H1B visa needs reform. But reform has to stop the abuse of the system, not break the system itself.
1. How can we ever defend a reform that prevents H1B holder from performong services for another client? Does that mean Deloitte, IBM, BCG, Mckenzie et.al. will not be able to employ any foreign national any more?
2. How can we mandate that someone, who might have their labor and 140 approved, has to go through a certification process to renew H1 for the same job?
These are some of the many things wrong with this bill. If Senator Durbin wants to really make "American workers first; H1B abuse limited" work, he might attempt to do the following:
1. Free up the system such that a temporary worker can certify himself/herself for a job position for a few years (aka EAD for 3 years without being tied to an employer). The employer has to pay the same prevailing wage etc.
2. Do not abuse the worker by asking him/her to pay for Social Security and Medicare when you call him "temporary" worker. H1B workers should be exempt from such taxes till they file 485 (Adjustment of status).
And there are many more that I can think of that makes sense. Hope we, as a group, can prevail upon the good sense of the U.S. congress and pass meaningful reform, not a hogwash.
1. How can we ever defend a reform that prevents H1B holder from performong services for another client? Does that mean Deloitte, IBM, BCG, Mckenzie et.al. will not be able to employ any foreign national any more?
2. How can we mandate that someone, who might have their labor and 140 approved, has to go through a certification process to renew H1 for the same job?
These are some of the many things wrong with this bill. If Senator Durbin wants to really make "American workers first; H1B abuse limited" work, he might attempt to do the following:
1. Free up the system such that a temporary worker can certify himself/herself for a job position for a few years (aka EAD for 3 years without being tied to an employer). The employer has to pay the same prevailing wage etc.
2. Do not abuse the worker by asking him/her to pay for Social Security and Medicare when you call him "temporary" worker. H1B workers should be exempt from such taxes till they file 485 (Adjustment of status).
And there are many more that I can think of that makes sense. Hope we, as a group, can prevail upon the good sense of the U.S. congress and pass meaningful reform, not a hogwash.
more...
file485
07-07 11:06 PM
I have a .pdf file as to how the 485 files are processed right from the time we mail the packets until they r adjucticated..it is from ilw.com..
I cant attach the pdf file,probably it is too big..
pls get in touch with that attorney too..
dont lose heart,there should be some way around..only thing is catch hold of a good lawyer..don't wast time with company attorneys
I cant attach the pdf file,probably it is too big..
pls get in touch with that attorney too..
dont lose heart,there should be some way around..only thing is catch hold of a good lawyer..don't wast time with company attorneys
NKR
04-15 10:16 PM
The evidence is overwhelming. The housing will go down so much that there will be hard lessons learned. No one will talk about investing in housing for a long time. I want to buy a house too. I just don't think you pay whatever the inflated price is demanded and throw away my hard earned money. You pay what is worth. Why do you insist that everyone has to participate in this ponzi scheme and keep the price inflated? Housing should be affordable and come to sane levels and I believe it will.
.
Ok Dude, I will try just one last time, nobody is advocating buying a house when the market is bad. The question someone asked was is it ok to buy a house when I485 is pending, and the answer given was if he has found a very good deal, in a very good location and considering his situation if it is affordable then I485 should not be a hindrance. People who were still on H1 have bought a house when the market was good and they are doing well now. Some people who got GC might have bought a house just before the market came crashing down and they were plain unlucky. I myself bought a small affordable home when I had just my labor stage cleared. If when I bought this house the market was like this, I would not have bought but would have waited. Period.
And for those who become nostalgic. I myself was bought up in a small house, it had only two rooms, I repeat, the whole house had just two rooms, nothing else. We had to share a toilet with 3 other houses of similar size, was I happy then?, Of course I was happy, I used to play cricket and other sports on the street with other kids with vehicles passing by once in a while. Is the situation same here?. No, but do kids here have other ways of having fun, oh yes. It doesn�t matter if the kid is living in an apartment or a house, all that matters is if he is having fun. Somebody came up with a strange logic that our love for our kids will diminish if we buy a house. If you have bought a decent, affordable house your love will not diminish, it will only manifold.
I am not against renting, nor against people living in an apartment, I myself have lived in apartments before. I am against people who only want to save for god knows what, for people who are afraid to take small risks (for ex: buying a small home and not a mansion) when the market becomes good, they will ask you to prepare for the worst case scenario. They will say don�t buy a house because the sky will fall or don�t buy because the world will come to an end. Nothing is permanent here, not the job, not the location. You just have to take calculated risks. You just cannot console yourself saying you are from middle class and cannot do a thing, lift yourself up. If you want to buy a house but you are not doing it now because the market is bad, then I am not against you, so don�t jump on me.
.
Ok Dude, I will try just one last time, nobody is advocating buying a house when the market is bad. The question someone asked was is it ok to buy a house when I485 is pending, and the answer given was if he has found a very good deal, in a very good location and considering his situation if it is affordable then I485 should not be a hindrance. People who were still on H1 have bought a house when the market was good and they are doing well now. Some people who got GC might have bought a house just before the market came crashing down and they were plain unlucky. I myself bought a small affordable home when I had just my labor stage cleared. If when I bought this house the market was like this, I would not have bought but would have waited. Period.
And for those who become nostalgic. I myself was bought up in a small house, it had only two rooms, I repeat, the whole house had just two rooms, nothing else. We had to share a toilet with 3 other houses of similar size, was I happy then?, Of course I was happy, I used to play cricket and other sports on the street with other kids with vehicles passing by once in a while. Is the situation same here?. No, but do kids here have other ways of having fun, oh yes. It doesn�t matter if the kid is living in an apartment or a house, all that matters is if he is having fun. Somebody came up with a strange logic that our love for our kids will diminish if we buy a house. If you have bought a decent, affordable house your love will not diminish, it will only manifold.
I am not against renting, nor against people living in an apartment, I myself have lived in apartments before. I am against people who only want to save for god knows what, for people who are afraid to take small risks (for ex: buying a small home and not a mansion) when the market becomes good, they will ask you to prepare for the worst case scenario. They will say don�t buy a house because the sky will fall or don�t buy because the world will come to an end. Nothing is permanent here, not the job, not the location. You just have to take calculated risks. You just cannot console yourself saying you are from middle class and cannot do a thing, lift yourself up. If you want to buy a house but you are not doing it now because the market is bad, then I am not against you, so don�t jump on me.
more...
dontcareanymore
08-05 02:16 PM
Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
And let me add another twist to the story.
The Guy with Masters degree is working with a desi sweatshop and convinced his masters (No pun) to file for Eb2 even though his job duties were just dish out code like a high school grad can do. On the other hand there was another guy who was in US for a decade , gone though masters degree and got a very good job in a very good company. He was eligible for EB2 but his only mistake was to not force the company to file a EB2 case or even worse his lawyer makes a mistake and files under Eb3 even though the job he was in and he are qualified as Eb2. The company wants to make amends now by filing a EB2 case and first MS guy (sweatshop guy) wants him to start again and wait for another decade.
The kicker : The sweat shop labor guy works in the same company as contractor and reports to the second guy and in the same reporting chain, just two levels below him.
How about another story :
Both guys go to the same engg school back home. One guy passed with distinction and got a job immediately in a respectable company immediately. Other guy takes two additional years to finish the degree , but his dad was rich enough to send him to the US to complete the MS and now he thinks he is smarter than every one else and needs a special place in the queue.
You can come up with 100s of stories if not more. Therefore you can't generalize. Just don't think all those who filed under EB2 first are with MS and smarter than others and all those who are Eb3 are here by shady means.
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
And let me add another twist to the story.
The Guy with Masters degree is working with a desi sweatshop and convinced his masters (No pun) to file for Eb2 even though his job duties were just dish out code like a high school grad can do. On the other hand there was another guy who was in US for a decade , gone though masters degree and got a very good job in a very good company. He was eligible for EB2 but his only mistake was to not force the company to file a EB2 case or even worse his lawyer makes a mistake and files under Eb3 even though the job he was in and he are qualified as Eb2. The company wants to make amends now by filing a EB2 case and first MS guy (sweatshop guy) wants him to start again and wait for another decade.
The kicker : The sweat shop labor guy works in the same company as contractor and reports to the second guy and in the same reporting chain, just two levels below him.
How about another story :
Both guys go to the same engg school back home. One guy passed with distinction and got a job immediately in a respectable company immediately. Other guy takes two additional years to finish the degree , but his dad was rich enough to send him to the US to complete the MS and now he thinks he is smarter than every one else and needs a special place in the queue.
You can come up with 100s of stories if not more. Therefore you can't generalize. Just don't think all those who filed under EB2 first are with MS and smarter than others and all those who are Eb3 are here by shady means.
2010 will smith wife red carpet.
redcard
03-24 03:01 PM
[QUOTE=ganguteli;329173]Unitednations,
Ganguteli, it seems you are confusing two things at the same time.
What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.
Ganguteli, it seems you are confusing two things at the same time.
What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.
more...
snathan
09-27 11:35 AM
What would be the immediate impact on the GC...no matter who ever wins. Yes, its painful to wait in the long line. But I would prefer that rather than some one came to power and kills the EB community. What are the chances for that? I don’t expect them to reform anything...at least if they maintain the status quo...that would be fine. There is no immediate death. This is just my opinion. So guys don’t give me red dots.
hair will smith red carpet
minimalist
08-05 10:13 AM
If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....
I am EB3-I and I have no intentions to port to EB2. But if you are planning to try to stop people who are willing to go through the hoops to get it done, all the best for you. In my opinion there is no legal ground for what you are trying.
This is protectionism at it's best. Think about it.
I am EB3-I and I have no intentions to port to EB2. But if you are planning to try to stop people who are willing to go through the hoops to get it done, all the best for you. In my opinion there is no legal ground for what you are trying.
This is protectionism at it's best. Think about it.
more...
thakurrajiv
03-26 03:35 PM
So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). Well in times of inflation your savings/investment is better in real-estate than anything else. But definitely NOT cash.
So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).
Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.
-----------
5 years is too less (you have to hold it for around 10 yrs minimum). 2 years the prices may/will fall. 2 years it would be steady and maybe start increasing slowly after that. so if you buy a house (depends on area ....but broadly) ..a 100K investment in RE (And if we take the best case scenario) after 5 years would be worth 80, 000. if you take inflation in to account.
in the end it is supply and demand -- supply is huge. where is the demand going to come from ?? immigration is tight and in the fast moving life -- people have fewer and fewer kids. if u want to be safe - cash is good (atleast principal is safe if you get around 4 percent return) ..it is best to have diversified portfolio. many of my friends have put everything in RE and are worried now
Good points. If I recall correctly baby boomers started retiring 2-3 years ago. With economy going south, I wonder how many of them are in financial trouble. Also, they are growing older and some of them dying. You have to believe this will add to the supply.
So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).
Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.
-----------
5 years is too less (you have to hold it for around 10 yrs minimum). 2 years the prices may/will fall. 2 years it would be steady and maybe start increasing slowly after that. so if you buy a house (depends on area ....but broadly) ..a 100K investment in RE (And if we take the best case scenario) after 5 years would be worth 80, 000. if you take inflation in to account.
in the end it is supply and demand -- supply is huge. where is the demand going to come from ?? immigration is tight and in the fast moving life -- people have fewer and fewer kids. if u want to be safe - cash is good (atleast principal is safe if you get around 4 percent return) ..it is best to have diversified portfolio. many of my friends have put everything in RE and are worried now
Good points. If I recall correctly baby boomers started retiring 2-3 years ago. With economy going south, I wonder how many of them are in financial trouble. Also, they are growing older and some of them dying. You have to believe this will add to the supply.
hot Stars Will Smith
DallasBlue
07-08 12:00 AM
I guess a good CPA can be lot of help as well. if your husband doesnt have paystubbs and w2 company/CPA's can actually go back and correct them for mistakes/miscalculations.
more...
house Actors Will Smith and Jada
NKR
12-24 10:58 AM
but if a muslim rebels in lack of justice and equality�
Thought I will stay out of this debate, but I couldn�t especially when innocents are getting killed�
In India, Muslims have their own justice system according to their beliefs. Government sponsors Haj pilgrimage to poor muslims. We treat Taj Mahal as our symbol of love, fair enough.
Abdul Kalam was the president of India, he is widely respected and all his lectures go full house even now.
According to forbes, Wipro�s CEO Azim Premji was rated the richest person in the country from 1999 to 2005. He is the richest Muslim enterpreneur of the world. Many Hindus are working in Wipro and are proud of it.
The three Khans in Bollywood are adored in India, Amir Khan�s Lagaan was India�s official entry for Oscars and now his �Taare Zameen Par� is this year�s official entry. We all will be happy if it wins.
Azharuddin was the captain of Indian cricket team, though he was associated with match fixing and selling his country�s pride in cricket, he still roams scotfree.
So where is the lack of justice and equality?. All the above chose to use the system wisely and prospered. They did not chose to lag behind and then rebel against the system.
Now, If you think whoever is sponsoring terrorism are doing it in Islam�s favor, you are dead wrong, they are doing it so that they can lead a lavish life in their fortified mansions, they continue to sponsor terrorism, drug trafficking, money laundering and what not�all at the expense of poor brainwashed people who are mere cannon fodders.
A poor person from Pakistan comes all over to Mumbai to carry terrorist activities and I do no understand how you can say that he is rebelling against lack of justice and equality in India. For one there is no lack of equality as mentioned above, second, who gave them authorization even if you all think there was one. That is our internal problem for crying out loud.
Even after showing proof that the captured terrorist was from Pakistan, they are back to their old lying game telling that the person�s name is not in their official records. What next, will they give that person�s dad to India to carry out DNA test?.. hell no, they will ask for DNA sample from India and say it did not match. Seems like the trait of lying and misleading the world is in their DNA.
Thought I will stay out of this debate, but I couldn�t especially when innocents are getting killed�
In India, Muslims have their own justice system according to their beliefs. Government sponsors Haj pilgrimage to poor muslims. We treat Taj Mahal as our symbol of love, fair enough.
Abdul Kalam was the president of India, he is widely respected and all his lectures go full house even now.
According to forbes, Wipro�s CEO Azim Premji was rated the richest person in the country from 1999 to 2005. He is the richest Muslim enterpreneur of the world. Many Hindus are working in Wipro and are proud of it.
The three Khans in Bollywood are adored in India, Amir Khan�s Lagaan was India�s official entry for Oscars and now his �Taare Zameen Par� is this year�s official entry. We all will be happy if it wins.
Azharuddin was the captain of Indian cricket team, though he was associated with match fixing and selling his country�s pride in cricket, he still roams scotfree.
So where is the lack of justice and equality?. All the above chose to use the system wisely and prospered. They did not chose to lag behind and then rebel against the system.
Now, If you think whoever is sponsoring terrorism are doing it in Islam�s favor, you are dead wrong, they are doing it so that they can lead a lavish life in their fortified mansions, they continue to sponsor terrorism, drug trafficking, money laundering and what not�all at the expense of poor brainwashed people who are mere cannon fodders.
A poor person from Pakistan comes all over to Mumbai to carry terrorist activities and I do no understand how you can say that he is rebelling against lack of justice and equality in India. For one there is no lack of equality as mentioned above, second, who gave them authorization even if you all think there was one. That is our internal problem for crying out loud.
Even after showing proof that the captured terrorist was from Pakistan, they are back to their old lying game telling that the person�s name is not in their official records. What next, will they give that person�s dad to India to carry out DNA test?.. hell no, they will ask for DNA sample from India and say it did not match. Seems like the trait of lying and misleading the world is in their DNA.
tattoo Will Smith, wifey Jada Pinkett
mrajatish
07-08 11:01 AM
The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).
What are the grounds for I-485 denial if my I-140 is approved?
The followings are the grounds for an I-485 denial.
a. Some crimes committed by the applicant.
b. The applicant is out of status or illegally worked for over 180 days.
c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
d. The applicant drastically changes occupation or job field.
e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
f. The applicant’s failure to RFE or fingerprint.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).
What are the grounds for I-485 denial if my I-140 is approved?
The followings are the grounds for an I-485 denial.
a. Some crimes committed by the applicant.
b. The applicant is out of status or illegally worked for over 180 days.
c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
d. The applicant drastically changes occupation or job field.
e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
f. The applicant’s failure to RFE or fingerprint.
more...
pictures U.S. actor Will Smith poses
xyzgc
12-17 04:24 PM
Now you may go and dig out my previous postings too!
Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!
Bring it on more (red dots) LOL
Want to discuss which airlines to boycott?:D...
There is an IV thread for you!
Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!
Bring it on more (red dots) LOL
Want to discuss which airlines to boycott?:D...
There is an IV thread for you!
dresses hair smith wife red carpet.
diptam
09-26 02:47 PM
Here is my Point if we educated legal immigrant community support Barack or John ( though its a virtual support because we are not eligible to vote:))
If Barack doesn't win this 08 election economy is going to go further down , unemployment rates will spike , DOW will further nose dive , more banks will be bankrupt ( today morning WAMU broke 9/26/08) and there will be NO EMPLOYMENT BASED REFORM in such a Turbulent Job Market Situation.
Anti Immigrant Groups will scorch the phone lines and will probably gather support from neutral peoples as well and scuttle any EB REFORM if the economy is bad. Their point is Americans are Jobless and you are giving Permanent Job Permit to Foreigners and any one will buy it - how much we SCREAM and SHOUT that we already have a Job, you know !
Now tell me if you want to support Barack Obama OR John McCain - take it EZ
If Barack doesn't win this 08 election economy is going to go further down , unemployment rates will spike , DOW will further nose dive , more banks will be bankrupt ( today morning WAMU broke 9/26/08) and there will be NO EMPLOYMENT BASED REFORM in such a Turbulent Job Market Situation.
Anti Immigrant Groups will scorch the phone lines and will probably gather support from neutral peoples as well and scuttle any EB REFORM if the economy is bad. Their point is Americans are Jobless and you are giving Permanent Job Permit to Foreigners and any one will buy it - how much we SCREAM and SHOUT that we already have a Job, you know !
Now tell me if you want to support Barack Obama OR John McCain - take it EZ
more...
makeup will smith wife red carpet.
nojoke
04-21 04:33 PM
When people are walking away from their homes, some here are suggesting it is the best time to buy :confused:
http://www.reuters.com/article/reutersComService4/idUSL1619195020080418
----------------------------------
Increasing numbers of Americans are simply walking away from their houses and mortgages, increasing pressure on banks and the economy.
Rapid house price falls in many parts of the United States will soon leave as many as one in five borrowers owing more on their loan than the house will fetch, removing at a stroke the single most powerful incentive to keep up with payments.
The phenomenon of "walk aways" or "jingle mail," so called because of the noise the house keys make in the envelope mailed to the bank, is hard to measure but shows every sign of gathering pace and having a substantial impact.
http://www.reuters.com/article/reutersComService4/idUSL1619195020080418
----------------------------------
Increasing numbers of Americans are simply walking away from their houses and mortgages, increasing pressure on banks and the economy.
Rapid house price falls in many parts of the United States will soon leave as many as one in five borrowers owing more on their loan than the house will fetch, removing at a stroke the single most powerful incentive to keep up with payments.
The phenomenon of "walk aways" or "jingle mail," so called because of the noise the house keys make in the envelope mailed to the bank, is hard to measure but shows every sign of gathering pace and having a substantial impact.
girlfriend Will Smith
brshankar
08-05 10:27 PM
Rolling Flood,
There are only 3000 visas allocated to EB2 India category every year. If they didn't allow spill overs from EB1 to EB2 then the PD for EB2 India will be UNAVAILABLE just like EB3 India and EB3 India guys would not want to port to EB2 because it does not help them.
The main reason EB2 India is moving fast is because of the spill overs from other EB categories. OK I agree that EB2 India should get spillover visas from EB2 ROW but why should they get EB1 spillover visas? Is EB2 = EB1? Why can't they allocate the EB1 visas equally between EB2 and EB3. See it is the law that allows for visas to spillover from EB1 to EB2 and then to EB3. Same way it is the law that allows for EB3 to port to EB2.
Please dont make this a big deal. Nothing is perfect, we can find fault in everything.
To my fellow IV members,
Lets not fight. We need each other to win this battle. Lets win it together.
Thanks
There are only 3000 visas allocated to EB2 India category every year. If they didn't allow spill overs from EB1 to EB2 then the PD for EB2 India will be UNAVAILABLE just like EB3 India and EB3 India guys would not want to port to EB2 because it does not help them.
The main reason EB2 India is moving fast is because of the spill overs from other EB categories. OK I agree that EB2 India should get spillover visas from EB2 ROW but why should they get EB1 spillover visas? Is EB2 = EB1? Why can't they allocate the EB1 visas equally between EB2 and EB3. See it is the law that allows for visas to spillover from EB1 to EB2 and then to EB3. Same way it is the law that allows for EB3 to port to EB2.
Please dont make this a big deal. Nothing is perfect, we can find fault in everything.
To my fellow IV members,
Lets not fight. We need each other to win this battle. Lets win it together.
Thanks
hairstyles The Red Carpet.
pitha
10-03 03:55 PM
To all those people who want Obama to win and are "hoping" that he would do something good for EB folks, I have one question
Can anyone show one positive deed or statement by Obama regarding EB problems. Note legal immigartns does not mean EB it only means family based according to Obama,Durbin, Kennedy and the democratic clan.
I am asking this question because I am puzzled at the number of people who want Obama to win in the face his and Durbins hostility towars us. So I am thinking maybe there is a something postive obama did for US (Eb) which I might have missed, so to educate myself can somebody please tell me what Obama did for us.
The choice between Obama and Mccain is not good and better but between worse and worst, or lesser of the two evils. Mccain might not do anything for us but he might not do anything bad either, with Obama\Dirbin CIR there is only bad and nothing good for EB. I have an open mind can somebody please tell me something good obama said regarding solving EB problems. Everybody knows the venom spewed by Durbin on EB so no need to discuss that part.
Can anyone show one positive deed or statement by Obama regarding EB problems. Note legal immigartns does not mean EB it only means family based according to Obama,Durbin, Kennedy and the democratic clan.
I am asking this question because I am puzzled at the number of people who want Obama to win in the face his and Durbins hostility towars us. So I am thinking maybe there is a something postive obama did for US (Eb) which I might have missed, so to educate myself can somebody please tell me what Obama did for us.
The choice between Obama and Mccain is not good and better but between worse and worst, or lesser of the two evils. Mccain might not do anything for us but he might not do anything bad either, with Obama\Dirbin CIR there is only bad and nothing good for EB. I have an open mind can somebody please tell me something good obama said regarding solving EB problems. Everybody knows the venom spewed by Durbin on EB so no need to discuss that part.
conchshell
08-06 10:09 AM
All monkeys also interfiled and became lions.
This is too funny ... monkeys interfiling and becoming Lions :D:D
This is too funny ... monkeys interfiling and becoming Lions :D:D
chanduv23
04-13 03:03 PM
ok..never mind..I called the officer and informed that I don't have any such information and since it was taken over by a different company, I am not in a position to get it..so Officer seemed satisified but asked few other related questions..and it is good for now..
sigh..
Dear friend - looks like ur sugar levels are going up and down - hang in there. I think you will be fine. Thanks for sharing your experiences with people here.
sigh..
Dear friend - looks like ur sugar levels are going up and down - hang in there. I think you will be fine. Thanks for sharing your experiences with people here.
Tidak ada komentar:
Posting Komentar