tinamatthew
07-21 01:31 PM
I am new to this forum, so I am joining this tread.
Hello,
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa for 10 years
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Yes that is correct
Q2. If so, would I have to worry about getting the I-485 approved?
I woudln't worry. You have a valid i-94 and have maintained status all this time
Q3. If not, should I filed for I-485 at all?
You have nothing to loose by filing
Q4. Any suggestions or possiblities to consider?
Did you hand in your first i-94, when leaving the country after overstaying for 10 years?
Thank you.
Hope this helps.
Hello,
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa for 10 years
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Yes that is correct
Q2. If so, would I have to worry about getting the I-485 approved?
I woudln't worry. You have a valid i-94 and have maintained status all this time
Q3. If not, should I filed for I-485 at all?
You have nothing to loose by filing
Q4. Any suggestions or possiblities to consider?
Did you hand in your first i-94, when leaving the country after overstaying for 10 years?
Thank you.
Hope this helps.
wallpaper Toyota Corolla 1.4 VVT-i
jsb
08-21 02:13 PM
What do u mean by genuine RFEs....
My RFE was to prove status from 1999 to 2003..show I-20/EAD/F1/H1 etc....
Regardless of RFEs what I meant was preadjudication is a myth....anyone can get an RFE whether he is preadjudicated or not....
U can get RFEs for the silliest of reasons...and once you get that RFE it does not matter if it is genuine or not....you have to respond and your case gets delayed.
I don't understand why members in this forum are so hopeful that if they are preadjudicated then it is a matter of time (and soon) they will get green.
SoP
Well, as I gave some examples, a genuine RFE is non-subjective, for something missing/incorrect which has to be addressed. By non-genuine I meant something where an IO decides to asks for additional info to clear something for which he/she had a reasonable (for him/her) doubt. Of course, all RFE,s have to be answered. For preadjudicated cases which have not been waiting long, and nothing has changes since preadjudication, there should be a little chance of a fresh RFE.
For your case, if documents attached with your I-485 did not prove that throwout your stay in the US you were covered by some type of legal status, they have to ask you to prove it. One of the conditions to get you a GC is that you were never illegally present in US.
My RFE was to prove status from 1999 to 2003..show I-20/EAD/F1/H1 etc....
Regardless of RFEs what I meant was preadjudication is a myth....anyone can get an RFE whether he is preadjudicated or not....
U can get RFEs for the silliest of reasons...and once you get that RFE it does not matter if it is genuine or not....you have to respond and your case gets delayed.
I don't understand why members in this forum are so hopeful that if they are preadjudicated then it is a matter of time (and soon) they will get green.
SoP
Well, as I gave some examples, a genuine RFE is non-subjective, for something missing/incorrect which has to be addressed. By non-genuine I meant something where an IO decides to asks for additional info to clear something for which he/she had a reasonable (for him/her) doubt. Of course, all RFE,s have to be answered. For preadjudicated cases which have not been waiting long, and nothing has changes since preadjudication, there should be a little chance of a fresh RFE.
For your case, if documents attached with your I-485 did not prove that throwout your stay in the US you were covered by some type of legal status, they have to ask you to prove it. One of the conditions to get you a GC is that you were never illegally present in US.
das0
04-05 03:59 PM
- Best is to delay OPT
- Get a letter from your Advisor and your Internaltion Student Concil Mgmt
- Try to look for a H1 sponsor organization who will wait for you till Oct, 2008
- Try not to get a job in non-profit org/universities in exempt H1, later your will be subjected to H1 cap if you try to txfr to for profit company
- Get a letter from your Advisor and your Internaltion Student Concil Mgmt
- Try to look for a H1 sponsor organization who will wait for you till Oct, 2008
- Try not to get a job in non-profit org/universities in exempt H1, later your will be subjected to H1 cap if you try to txfr to for profit company
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saibalagi
07-08 04:32 PM
Order Number: FNL1789250
Order Date: Sunday 07/08/2007
Delivery On: Tuesday 07/10/2007
Delivery To: T. Gonzalez Emilio
Residence
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20314-0001
USA
2023071565
Gift Message: "Kindly do not return our I-485 petitions in July
and honor the original DOS visa bulletin" [first last name] - An employment based immigrant.
Order Date: Sunday 07/08/2007
Delivery On: Tuesday 07/10/2007
Delivery To: T. Gonzalez Emilio
Residence
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20314-0001
USA
2023071565
Gift Message: "Kindly do not return our I-485 petitions in July
and honor the original DOS visa bulletin" [first last name] - An employment based immigrant.
more...
ns33
07-10 09:49 PM
so if i ask you why EB2 filers should spend extra years getting educated and never getting this all important magic "PD" and then get in line behind someone who got a job the day they entered the country- and got a PD soon enough- what would you say?
ask me. it took me 11 years to get a PD. why? for 7 of those years i was getting my advanced education. so why should i suffer behind the 3 year Indian degree person (against my 7 years there as well) who came in 5 years after me and filed right away?
.
Dear Mr. pascal,
Given that you are the super moderator, how can you even hint that EB3 vs EB2 reflect skill level of employee - don't you know by now that category is determined by "job's Requirement"?!!!!!!
Also your stereotyping of all EB3s as 3 year Indian degree holder is the most unfortunate - I only hope that rest of the IV leadership is not made up of that crappy idea.
For the record, I hold US Master's degree and am really offended by your comment and your view point.
For the rest of the members reading this topic, this is exactly why being EB3 on IV is becoming more frustrating by the day... especially when the super mods posses such views...
I am sorry forthis is wandering away from topic, but everyone including super mod mr. pascal has done that on this thread.
:mad: :mad: :mad:
ask me. it took me 11 years to get a PD. why? for 7 of those years i was getting my advanced education. so why should i suffer behind the 3 year Indian degree person (against my 7 years there as well) who came in 5 years after me and filed right away?
.
Dear Mr. pascal,
Given that you are the super moderator, how can you even hint that EB3 vs EB2 reflect skill level of employee - don't you know by now that category is determined by "job's Requirement"?!!!!!!
Also your stereotyping of all EB3s as 3 year Indian degree holder is the most unfortunate - I only hope that rest of the IV leadership is not made up of that crappy idea.
For the record, I hold US Master's degree and am really offended by your comment and your view point.
For the rest of the members reading this topic, this is exactly why being EB3 on IV is becoming more frustrating by the day... especially when the super mods posses such views...
I am sorry forthis is wandering away from topic, but everyone including super mod mr. pascal has done that on this thread.
:mad: :mad: :mad:
vxg
08-26 04:24 PM
JSB,
You are right.....even if EB2 PD becomes current and it takes 3 years for TSC dates to move forward to our ND dates....we are not going to have approval before then. So my earlier logic that being current on the basis of PD is meaningless unless you have ND which is current.
You rightly said that there are thousands of applicants with ND prior to you and they will be handled prior to your case............unfortunate but that is true.....and ofcourse preadjudication is a myth as usual...
SoP
I dont know if i agree that ND will dictate approval. On there are several approvals with RD and ND in 2008. What explains that?
You are right.....even if EB2 PD becomes current and it takes 3 years for TSC dates to move forward to our ND dates....we are not going to have approval before then. So my earlier logic that being current on the basis of PD is meaningless unless you have ND which is current.
You rightly said that there are thousands of applicants with ND prior to you and they will be handled prior to your case............unfortunate but that is true.....and ofcourse preadjudication is a myth as usual...
SoP
I dont know if i agree that ND will dictate approval. On there are several approvals with RD and ND in 2008. What explains that?
more...
amitps
09-08 12:09 AM
Are you out on the street looking for your HIGHLY SKILLED people with Degrees to start posting ......oh let me tell me they are all tipsy IN THE BARS...as tonight is Friday night and everyone is DRUNK by now...
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s_r_e_e
11-11 05:10 PM
You cannot expect to report the crime/video to the cops without any repercussions for yourself. It is a federal felony to hire a foreigner without employment authorization (even if the person is not an illegal immigrant) - this means, if you are convicted, you can end up in prison, lose your property, pay fines and of course you will be deported. If you have been paying them and did not disclose this to the IRS, both you and they are liable for tax fraud, in addition. This is very serious. You should hire a lawyer if you want to deal with them legally.
I wonder where does people come up with such detailed info from. federal felony, lose your property , wow!!!! Even big corps hiring illegals getting away with just fines. Law Enforcement do not worry about the immigration status of the person. I know 2 incidents where my friends got in to car accidents with illegals . the other parties had no license, No id and No insurance. In both cases the cops weren't even bothered about their immigration status even though it was clear that they are illegals. cops gave ticket in some pseudo name they gave and they got away with no trace left.
I wonder where does people come up with such detailed info from. federal felony, lose your property , wow!!!! Even big corps hiring illegals getting away with just fines. Law Enforcement do not worry about the immigration status of the person. I know 2 incidents where my friends got in to car accidents with illegals . the other parties had no license, No id and No insurance. In both cases the cops weren't even bothered about their immigration status even though it was clear that they are illegals. cops gave ticket in some pseudo name they gave and they got away with no trace left.
more...
acepb
08-28 02:01 AM
thanks for sharing this. It gives us all a lot of insight.
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uka
05-14 03:27 PM
--------------------------------------------------------------------------------
Gurus,
I received notice of decision for my wife's H-4 application and I am worried whether my case has been denied.
This is the content of the case received from CA with WACxxxxxxxxxxx.
NOTICE OF DECISION
This notice is in reference to form 1-539, application for Extend/Change of Nonimmigrant Status, requesting a change of status to that of a dependent of a specialty occupation worker under section 101(a)(15)(H)(i)(b) of the Immigrantion and Nationality Act.
It is ordered by the Director of the California service center, United States Citizenship and Immigration Sevices that the applicant's request for change of status be denied for the following reasons:
As a dependent, the applicant's classification is subject to the principal alien's status. The nonimmigrant visa petition filed in behalf of the principal alien, seeking a concurrent change of status to a specialty occupation worker classification under 101(a)(15)(H)(i)(b) of the Act, has been processed as a consulate notification because the principal alien's request for a change of nonimmigrant status has been den ied.
Since the principal will not be classified as a temporary nonimmgrant worker until she/he obtains the HI-B visa abroad at a United States Embassy or consulate, and has been lawfully admitted into the United States in the nonimmigrant status, the applicant does not qualify for the requested change of status.
I have not received any information about mine. Does it mean that my application will be processed at a consulate office outside the state? I am confused. I do not really understand it well. Please help explain it to me.
Gurus,
I received notice of decision for my wife's H-4 application and I am worried whether my case has been denied.
This is the content of the case received from CA with WACxxxxxxxxxxx.
NOTICE OF DECISION
This notice is in reference to form 1-539, application for Extend/Change of Nonimmigrant Status, requesting a change of status to that of a dependent of a specialty occupation worker under section 101(a)(15)(H)(i)(b) of the Immigrantion and Nationality Act.
It is ordered by the Director of the California service center, United States Citizenship and Immigration Sevices that the applicant's request for change of status be denied for the following reasons:
As a dependent, the applicant's classification is subject to the principal alien's status. The nonimmigrant visa petition filed in behalf of the principal alien, seeking a concurrent change of status to a specialty occupation worker classification under 101(a)(15)(H)(i)(b) of the Act, has been processed as a consulate notification because the principal alien's request for a change of nonimmigrant status has been den ied.
Since the principal will not be classified as a temporary nonimmgrant worker until she/he obtains the HI-B visa abroad at a United States Embassy or consulate, and has been lawfully admitted into the United States in the nonimmigrant status, the applicant does not qualify for the requested change of status.
I have not received any information about mine. Does it mean that my application will be processed at a consulate office outside the state? I am confused. I do not really understand it well. Please help explain it to me.
more...
tanu29
05-02 08:31 AM
thanks for the response.
The only reason i got worried was that a friend applied on the 23rd and got hers yesterday. We both applied in the same center too.
I just hope that paperwork is there and hasent been lost or something.
The only reason i got worried was that a friend applied on the 23rd and got hers yesterday. We both applied in the same center too.
I just hope that paperwork is there and hasent been lost or something.
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greatguy
12-19 11:36 AM
billpay initiated for 20 bucks. Will reach the PO Box address in 5 business days.
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jayleno
02-25 12:44 PM
Sanju...
I appreciate your enthusisam to respond to most of the negetive comments and thats a good thing. Try to contain yourself sometimes...otherwise people might just ignore you as another loud mouth.
ya, lets step-up a poll and have everyone vote, as if this is the US congress. And after voting leave it for someone else to work on this and other "brilliant" idea. There needs to be a reality check. This poll doesn't mean anything unless there are enough people to spend time and energy at every level. But ya, lets setup a poll and have everyone vote, it will give everyone a feel good factor that everyone contributed in the advocacy effort, how? by voting in the pool and not doing anything about how everyone votes.
.
I appreciate your enthusisam to respond to most of the negetive comments and thats a good thing. Try to contain yourself sometimes...otherwise people might just ignore you as another loud mouth.
ya, lets step-up a poll and have everyone vote, as if this is the US congress. And after voting leave it for someone else to work on this and other "brilliant" idea. There needs to be a reality check. This poll doesn't mean anything unless there are enough people to spend time and energy at every level. But ya, lets setup a poll and have everyone vote, it will give everyone a feel good factor that everyone contributed in the advocacy effort, how? by voting in the pool and not doing anything about how everyone votes.
.
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Hope_GC
07-17 07:06 PM
IV CORE..
Sincere Appreciations to all the CORE Team fought for the right cause.
Kudos to all the members this is the victory for all of us.
Sincere Appreciations to all the CORE Team fought for the right cause.
Kudos to all the members this is the victory for all of us.
more...
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snathan
04-14 04:18 PM
Guys...stop this fighting. There are so many issues which we are not able to fix bcoz we don�t have enough resources/volunteers. So please join the donor forum and help us. If you are really serious do that. All the time we are blaming IV is not doing enough. Now we have lot to do but don�t have enough resources. Please come forward and help.
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praveen_maru
12-19 05:39 PM
Contributed $20 for the first time....Via Paypal
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JazzByTheBay
09-08 11:31 AM
Signs of a maturing organization and community....
It's always best to put oneself in the other person's shoes and see their point of view, if they have one.
Having said that, I would urge IV members to not respond to such comments with inappropriate language or responses. Remember, this is an organization of "high-skilled professionals", and act like one.
cheers, and see ya'll in DC!
jazz
he is just expressing concern that more action is not taken. i wrote param a pm to explain, also this thread will not continue indefinitely. we do however need to be clear in our stand and in our actions. we should be able to enunciate what we believe without resorting to the kind of vitriol that is thrown at us. personally i am waiting to see that- it's important even to grow as a community and achieve success that we develop this ability. our strength lies in the facts not in any hate or rhetoric.
be rest assured that ip's of those that post such stuff are tracked for action.
It's always best to put oneself in the other person's shoes and see their point of view, if they have one.
Having said that, I would urge IV members to not respond to such comments with inappropriate language or responses. Remember, this is an organization of "high-skilled professionals", and act like one.
cheers, and see ya'll in DC!
jazz
he is just expressing concern that more action is not taken. i wrote param a pm to explain, also this thread will not continue indefinitely. we do however need to be clear in our stand and in our actions. we should be able to enunciate what we believe without resorting to the kind of vitriol that is thrown at us. personally i am waiting to see that- it's important even to grow as a community and achieve success that we develop this ability. our strength lies in the facts not in any hate or rhetoric.
be rest assured that ip's of those that post such stuff are tracked for action.
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gbof
02-26 09:10 AM
Here is another case:
My minor daughter's Last name was missing in her passport but all her immigration documents (I-94/H4/AOS- r. n/ EAD/SSN, yes she got ead for ssn but never used it till date) somehow had her first name + LAST NAME. We initially ignored her missing last name in the passport but during her AOS finger priniting, asc guy noticed missing last name, made a noting in their system as "LNU" and advised us to get it fixed. We went to Indian consulate, Chicago and got the last name entered in passport, after due paper formalities.
My question to you guys is: Do we need to do anything else with respect to her AOS as all her uscis documents including I-94/H4/EAD/ssn, are already wth first name + last name ?
Any suggestions on this sitution will be appreciated !
My minor daughter's Last name was missing in her passport but all her immigration documents (I-94/H4/AOS- r. n/ EAD/SSN, yes she got ead for ssn but never used it till date) somehow had her first name + LAST NAME. We initially ignored her missing last name in the passport but during her AOS finger priniting, asc guy noticed missing last name, made a noting in their system as "LNU" and advised us to get it fixed. We went to Indian consulate, Chicago and got the last name entered in passport, after due paper formalities.
My question to you guys is: Do we need to do anything else with respect to her AOS as all her uscis documents including I-94/H4/EAD/ssn, are already wth first name + last name ?
Any suggestions on this sitution will be appreciated !
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485Mbe4001
07-10 12:14 PM
yep..very few care about EB, its all EB2 these days, one of the reasons i am very close to giving up, difficult to convince people these days. I am guessing that most EB3 I's have simply given up or have been bulldozed aside. We know for a fact that there are thousands in a similar situation, but they dont seem/want or care to voice their opinions.
I see that the above discussion keeps on going on about EB-2 only. Doesn't anyone at IV care about EB-3 I also . I am sure there are a few EB-3 I people at IV who are suffering from retrogression , myself included.
I see that the above discussion keeps on going on about EB-2 only. Doesn't anyone at IV care about EB-3 I also . I am sure there are a few EB-3 I people at IV who are suffering from retrogression , myself included.
gcvision07
07-17 10:08 PM
Thank you very much IV core team.
You have done a great job in the past few days to get every one out of this fiasco.
Thanks to all the members of IV who have helped in acheiving this great success.
You have done a great job in the past few days to get every one out of this fiasco.
Thanks to all the members of IV who have helped in acheiving this great success.
swamy
11-20 01:05 PM
but since you guys have been good I'll share this
http://video.google.ca/videoplay?docid=3410812449037998098
expect to start dying laughing after 90secs into it so watch out if you are at work
ofcourse BUMP too
http://video.google.ca/videoplay?docid=3410812449037998098
expect to start dying laughing after 90secs into it so watch out if you are at work
ofcourse BUMP too
