desi3933
07-10 09:15 AM
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/ may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
[Emphasis added]
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=6778c6078a6f941bf84dd5cec7c73 772
___________________
Not a legal advice.
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/ may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
[Emphasis added]
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=6778c6078a6f941bf84dd5cec7c73 772
___________________
Not a legal advice.
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JazzByTheBay
09-15 12:18 AM
>>here are people working day and night for IVs cause - with a lot of >>dedication - there are free riders and majority of people are sitting on >>fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.
...it does speak volumes about us when you acknowledge that:
- there are people sitting on the fence
- want to do something
- not quite sure what/how/why
- are lost opening threads and discussing
As the first anniversary of the D.C. rally approaches, let's reflect on this.
jazz
Opening threads and then burying them deep like any other thread does not help us.
Thousands of threads were opened like this and everyday we see new threads.
I strongly recommend
(1) Update your profile with true information
(2) Pledge with honesty
(3) Join a state chapter and make yourself visible and available to IV.
We can go from there
There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on
I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.
Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff
...it does speak volumes about us when you acknowledge that:
- there are people sitting on the fence
- want to do something
- not quite sure what/how/why
- are lost opening threads and discussing
As the first anniversary of the D.C. rally approaches, let's reflect on this.
jazz
Opening threads and then burying them deep like any other thread does not help us.
Thousands of threads were opened like this and everyday we see new threads.
I strongly recommend
(1) Update your profile with true information
(2) Pledge with honesty
(3) Join a state chapter and make yourself visible and available to IV.
We can go from there
There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on
I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.
Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff
trueguy
05-02 01:10 PM
It sounds like IV should assign PD to people who join and accordingly allow them to comment.......just like USCIS allot GC based on PD.....:)
Why not if 'Who did not even know about IV till Apr 2007 are CONTRIBUTING here'.
Do u think admins should ban people from expressing views if joined after a certain cutoff date???
Why not if 'Who did not even know about IV till Apr 2007 are CONTRIBUTING here'.
Do u think admins should ban people from expressing views if joined after a certain cutoff date???
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gch
05-28 12:13 PM
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more...
javadeveloper
08-18 01:34 PM
Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
Not only this situation , CIS is not fair in many situations.
1.Issuing Stamping to liars(Who says they don't have intention to settle in US when they go for F1/H1 stamping) and rejecting stamping to honest people(whom they doubt that they may settle permanently in US) at consulate.
2.Making Eb2/Eb3 current(July 2007) for the purpose of fees.
3.Substitute labors
4.Giving visa number to spouse(for example not even passed 10th standard) of EB2 applicant , instead of EB3 qualified candidate(for example Computer Science Graduate from reputed universities)
5.Not following PD
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
Not only this situation , CIS is not fair in many situations.
1.Issuing Stamping to liars(Who says they don't have intention to settle in US when they go for F1/H1 stamping) and rejecting stamping to honest people(whom they doubt that they may settle permanently in US) at consulate.
2.Making Eb2/Eb3 current(July 2007) for the purpose of fees.
3.Substitute labors
4.Giving visa number to spouse(for example not even passed 10th standard) of EB2 applicant , instead of EB3 qualified candidate(for example Computer Science Graduate from reputed universities)
5.Not following PD
gc_on_demand
05-08 03:15 PM
So who is the leader who is responsible of DOING stuff with that money when I contribute
Read about IV Core members and if you need how money being spend , internet will be your help. There are some website which gives you tax return of non profit orgs like IV.
Read about IV Core members and if you need how money being spend , internet will be your help. There are some website which gives you tax return of non profit orgs like IV.
more...
amitjoey
07-09 04:57 PM
Please use the resources already available, there is a write up, also there is a pdf and a html version by english_august.
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chunky
08-31 01:11 PM
I applied for my I140 in May and it is pending in Nebraska.
I filed my AOS in Nebraska in July.
I am in Texas Service center teritory. Does this mean that my case will be transferred to texas and I will receive receipt from texas
Is anyone in similar situation
I filed my AOS in Nebraska in July.
I am in Texas Service center teritory. Does this mean that my case will be transferred to texas and I will receive receipt from texas
Is anyone in similar situation
more...
asdqwe2k
06-27 03:16 PM
Incorrect
As per law one should have intent to work full-time for the employer (or AC-21 employer) at the time of approval. There is no time period specified.
The intent, of course, can change after some time. Lawyers differs on the duration. Some argue it is 90 days, whereas others suggest 180 days or 1 year.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
Dr. William:
My I-485 application based on I-140 of NIW has been approved finally, after an RFE replying. Is there any requirement of how long I can change job after the I-485 approval?
--------------------------------------------------------------------------------
A:
According to USCIS previous requirement, a person is required to work for the sponsoring employer for at least one year after obtaining the Green Card. There may be a problem when you want to apply for U.S. citizenship later, if you leave the sponsoring employer in a short period of time after obtaining the Green Card.
The AC-21 rule does not clear the issue of a person who leaves its employer after the I-485 approval, but it is better to take a conservative way to reduce the potential risk later.
http://www.greencardapply.com/question/question04/question04_0519.htm
As per law one should have intent to work full-time for the employer (or AC-21 employer) at the time of approval. There is no time period specified.
The intent, of course, can change after some time. Lawyers differs on the duration. Some argue it is 90 days, whereas others suggest 180 days or 1 year.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
Dr. William:
My I-485 application based on I-140 of NIW has been approved finally, after an RFE replying. Is there any requirement of how long I can change job after the I-485 approval?
--------------------------------------------------------------------------------
A:
According to USCIS previous requirement, a person is required to work for the sponsoring employer for at least one year after obtaining the Green Card. There may be a problem when you want to apply for U.S. citizenship later, if you leave the sponsoring employer in a short period of time after obtaining the Green Card.
The AC-21 rule does not clear the issue of a person who leaves its employer after the I-485 approval, but it is better to take a conservative way to reduce the potential risk later.
http://www.greencardapply.com/question/question04/question04_0519.htm
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krustycat
10-01 01:41 PM
I'm still waiting.
Recd. by F. Heinauer at 11:07 AM on July 9... checks not cashed
Recd. by F. Heinauer at 11:07 AM on July 9... checks not cashed
more...
ski_dude12
08-26 03:13 PM
Not sure if I got your question...
You can file I-485 only when your dates are current. If you filed I-485 by itself (not concurrently with I-140) then your PD will not be on the I-485.
is this pattern (missing PD on I-485) for people who've PD current and not got greened?
You can file I-485 only when your dates are current. If you filed I-485 by itself (not concurrently with I-140) then your PD will not be on the I-485.
is this pattern (missing PD on I-485) for people who've PD current and not got greened?
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DSJ
06-26 02:17 PM
Why don;t you sign unless it say until and after 1 year approval:, you can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose
I have dealt all options with my employer ...
They will give me "Employer Letter" ASAP but i have to sign a letter that i'll work with them for 1 year after getting 485 approval.
What does it mean - Indirectly i have to work with them till 485 approval ( which could be 3 yrs easily) plus another 1 year ??
I have dealt all options with my employer ...
They will give me "Employer Letter" ASAP but i have to sign a letter that i'll work with them for 1 year after getting 485 approval.
What does it mean - Indirectly i have to work with them till 485 approval ( which could be 3 yrs easily) plus another 1 year ??
more...
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abq_gc
08-17 06:22 PM
Has anyone with the following criteria got receipt notice or have their check cashed ?
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
Please respond...
Thanks
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
Please respond...
Thanks
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mhtanim
04-29 01:35 AM
No. Tried to call NSC a few times and got diffferent stories on why my fp notice is being dealyed. I gave up trying after my last call 2 weeks ago wherein an IO told me to wait until middle of May.
Mine is like your's - NSC - CSC - NSC. My I-485 receipt number starts with WAC. No FP notice yet. Who knows what they are doing.
Mine is like your's - NSC - CSC - NSC. My I-485 receipt number starts with WAC. No FP notice yet. Who knows what they are doing.
more...
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desi3933
01-30 02:17 PM
Where is it written???? 30 day rule?????? SHOW ME ...................................
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
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waitforevergc
05-09 09:35 PM
Kshitij,
Excellent letter. Thanks for sending it.
I am also going to sent a similar letter to WhiteHouse. But I am very certain it might not reach the intended people, what harm will it cause in trying.
Others..please let us all write letters, if more people write, someone will take notice.
Thanks.
Excellent letter. Thanks for sending it.
I am also going to sent a similar letter to WhiteHouse. But I am very certain it might not reach the intended people, what harm will it cause in trying.
Others..please let us all write letters, if more people write, someone will take notice.
Thanks.
more...
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chi_shark
07-10 02:44 PM
i think it is very clear empirically that h1b is for a temp job and is a non-immigrant visa. it allows the employer to hire for a full time job too... whenever that intention is expressed, it should be expressed to DOL and USCIS in terms of PERM and I-140... thats that... once the h1 visa beneficiary is a beneficiary to I-140, then that person can apply for COS and avail AC21... so, i think it is clear that by itself h1 is temp. AC21 simply allows for h1 holder to extend H1 in case labor is clear and 140 is applied (labor expires in 6 months). further: ac21 allows job change after 485 app.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
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CADude
10-12 03:24 PM
My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless. Not for today nor for future.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless. Not for today nor for future.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
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Munna Bhai
12-17 12:25 PM
Gym, yoga, work, birds - these things are just escape from reality. The reality is pretty grim. Imagine a new wanna be immigrant. He/she has basically two choices:
1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.
2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.
So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?
To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.
You pointed out correctly..the reason everyone of us are depressed is "I don't wanna feel being a loser" as pointed by Bestia and now GC has become some-sort of personnal goal....
1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.
2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.
So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?
To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.
You pointed out correctly..the reason everyone of us are depressed is "I don't wanna feel being a loser" as pointed by Bestia and now GC has become some-sort of personnal goal....
kosu
06-12 11:14 AM
Hi,
I filed on June 5th and TSC received my package on June 6th. Still my Checks hasnt cleared.
I filed on June 5th and TSC received my package on June 6th. Still my Checks hasnt cleared.
chanduv23
02-17 02:53 PM
Answer to this:
this:
And this:
is this:
Positive programming. Could we start it inside ourselves first? Stop ranting and lamenting?
The point is not that tri-state was crooked etc. The point is, they got the cash because they made themselves known as an entity that does some service
Same with IV. If IV is just a rant board, who will believe? We must change IV!
Well, it goes beyond that. This is a "complicated story with no sub titles".
IV website is a board where people of all kinds visit and there is no control over stuff. Just go to any blog site - we see 100 rants and crazy comments as against a few wise talk.
I guess we have to live with it and keep pushing people. Sometimes loud and sometimes gently.
this:
And this:
is this:
Positive programming. Could we start it inside ourselves first? Stop ranting and lamenting?
The point is not that tri-state was crooked etc. The point is, they got the cash because they made themselves known as an entity that does some service
Same with IV. If IV is just a rant board, who will believe? We must change IV!
Well, it goes beyond that. This is a "complicated story with no sub titles".
IV website is a board where people of all kinds visit and there is no control over stuff. Just go to any blog site - we see 100 rants and crazy comments as against a few wise talk.
I guess we have to live with it and keep pushing people. Sometimes loud and sometimes gently.
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