sidm
05-31 12:25 PM
I have been banned too - simply because I raised the cause of international students and IV's duplicity in its stance, and that makes some GC-greedy members paranoid. :D
wallpaper at the Keeping Up With the
vlad0002
01-25 04:22 PM
Hi all,
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
vin13
05-13 10:35 AM
I would go with the prediction in the Jan 2010 Visa Bulletin:
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005................CHINA IS ALREADY AT NOV 2005...SO THIS HAS HAPPENED
India: February through early March 2005.........ONE MONTH BEHIND HERE....NOT BAD WITH THE PREDICTION
If Section 202(a)(5)were to apply:
China and India: October through December 2005 ..................THIS IS THE SPILLOVER CHANCES FOR JULY-SEPT 2010....MOST LIKELY IT WILL CLOSE AT JAN 1, 2006
I tend to agree with you. Projections by DOS seems to be closer to reality.
I would stay conservative contrary to many other predictions.
1) China moving to Nov 2005 is a good thing for India. This means India will get all the remaining fall-down/fall-across numbers until priority date reaches Nov 2005. After that both India and China will share and move the dates by a month or so. This should get India to Dec 2005 to Jan 2006.
2) Many see the dates have not moved much for so many months. So they can be skeptical about the date movements in the last few months. The reason why i anticipate much larger movements in the final months is due to the fact that India gets about 3 times more visas through fall-across/fall-down than what is alloted for just India.
2009 info
Country cap for Eb-2 - aprox. 2800
2009 India for Eb-2 was 10,116.
fall-down/fall-across numbers 10,116 - 2800 = aprox. 7316
So we can see that visa movement for India (Eb-2) is greatly influenced by the number of fall-down/fall-across which seem to happen mostly in the last quarter.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005................CHINA IS ALREADY AT NOV 2005...SO THIS HAS HAPPENED
India: February through early March 2005.........ONE MONTH BEHIND HERE....NOT BAD WITH THE PREDICTION
If Section 202(a)(5)were to apply:
China and India: October through December 2005 ..................THIS IS THE SPILLOVER CHANCES FOR JULY-SEPT 2010....MOST LIKELY IT WILL CLOSE AT JAN 1, 2006
I tend to agree with you. Projections by DOS seems to be closer to reality.
I would stay conservative contrary to many other predictions.
1) China moving to Nov 2005 is a good thing for India. This means India will get all the remaining fall-down/fall-across numbers until priority date reaches Nov 2005. After that both India and China will share and move the dates by a month or so. This should get India to Dec 2005 to Jan 2006.
2) Many see the dates have not moved much for so many months. So they can be skeptical about the date movements in the last few months. The reason why i anticipate much larger movements in the final months is due to the fact that India gets about 3 times more visas through fall-across/fall-down than what is alloted for just India.
2009 info
Country cap for Eb-2 - aprox. 2800
2009 India for Eb-2 was 10,116.
fall-down/fall-across numbers 10,116 - 2800 = aprox. 7316
So we can see that visa movement for India (Eb-2) is greatly influenced by the number of fall-down/fall-across which seem to happen mostly in the last quarter.
2011 Keeping Up With keeping up
Soul
12-30 11:19 AM
I agree, battles are a great idea!
I would never have done anything to the theme of the seasons without battles and I guess that was Kits fault hehe, cheers Kit :beam:
Thanks for your vote Guig :P
- Soul :goatee:
I would never have done anything to the theme of the seasons without battles and I guess that was Kits fault hehe, cheers Kit :beam:
Thanks for your vote Guig :P
- Soul :goatee:
more...
mhtanim
09-26 01:54 PM
AP Docs are mailed to your attorney while EAD, I-485 cards are send to you .
My AP and EAD both came to me directly.
My AP and EAD both came to me directly.
rcr_bulk
08-14 11:11 AM
Dear IVans,
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
USCIS efficiencies :D : They are not efficient. People with PD in 2002,2003,2004 are still waiting and that are in 2006 getting released. Where is FIFO and efficiency in their process? No transparency in their process.
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
USCIS efficiencies :D : They are not efficient. People with PD in 2002,2003,2004 are still waiting and that are in 2006 getting released. Where is FIFO and efficiency in their process? No transparency in their process.
more...
thomachan72
03-01 01:00 PM
I am also in similar situation although no RFE yet. I have submitted a non-availability of birth certificate letter and affadivit of parents. I have the following questions
(1) Do we get the letter from the muncipal office from the place of birth or we can get from the muncipal office that we are presently residing. (birth was in UP , residing in TN) I believe the non-availibility certificate has to be from the jurisdiction of the birth and not current residence
(2)What is the letter for , is it for birth certificate or for non availability of birth certificate. If you were born before a certain year (not sure about the exact year) there is a great chance that your birth was not registered. That is why you have to ask the local authority to search the records and give you a letter saying that such and such person's birth was not registered and no records exist
(3) Is there any body who has gotten a letter post a copy. (after removing personal details.)
Hope this helps. Again most of what I mentioned is information gathered from such postings here and there.
(1) Do we get the letter from the muncipal office from the place of birth or we can get from the muncipal office that we are presently residing. (birth was in UP , residing in TN) I believe the non-availibility certificate has to be from the jurisdiction of the birth and not current residence
(2)What is the letter for , is it for birth certificate or for non availability of birth certificate. If you were born before a certain year (not sure about the exact year) there is a great chance that your birth was not registered. That is why you have to ask the local authority to search the records and give you a letter saying that such and such person's birth was not registered and no records exist
(3) Is there any body who has gotten a letter post a copy. (after removing personal details.)
Hope this helps. Again most of what I mentioned is information gathered from such postings here and there.
2010 Keeping Up with the
GCwaitforever
07-09 08:27 AM
Good job guys. May be it is time we invite Labor secretary Elaine Chao also to participate in these talk shows (in addition to law makers like Kennedy/Brownback/McCain). That is the only participant missing - someone from DOL/USCIS/DHS, as the Government entity responsible for immigration.
more...
nihar
11-20 04:56 PM
Hi All ,
Im trying frantically to post this as a new thread but in vain . I would be ogliged if any1 of u can guide me through the process . Also not wasting further time i would like some info which is purely based on my discretion , but suggestion is well appreciated from u end .I would like to know wat r the things to be followed in h1 . Currently im facing issue with my h1 ie , my h1 was approved from this year lottery and it had a query which i have sent a letter to ins through my consultant , in aug but i have not recd any update so far . Im all confused as to what is my status coz at time im told that im on student visa and at time on h1 . Also if i find a job i will be paid only wen its valid . currently i stand on a crossroad of confusion , agony , pain and frustation . pls some 1 guide me thrgh this and if reqd i would apprecciate if u can also mail me . Trust me this info will be only confidential . i have loads of queries and from the time ie if my so called h1 is approved then i have still not got a job and my employer is done nothing much to market it . wat time frame do i require to be on job . pleaseeeeeeeeee help .email me at niharika.das13@gmail.com
thanks a zillion for ur patience
:mad:
Im trying frantically to post this as a new thread but in vain . I would be ogliged if any1 of u can guide me through the process . Also not wasting further time i would like some info which is purely based on my discretion , but suggestion is well appreciated from u end .I would like to know wat r the things to be followed in h1 . Currently im facing issue with my h1 ie , my h1 was approved from this year lottery and it had a query which i have sent a letter to ins through my consultant , in aug but i have not recd any update so far . Im all confused as to what is my status coz at time im told that im on student visa and at time on h1 . Also if i find a job i will be paid only wen its valid . currently i stand on a crossroad of confusion , agony , pain and frustation . pls some 1 guide me thrgh this and if reqd i would apprecciate if u can also mail me . Trust me this info will be only confidential . i have loads of queries and from the time ie if my so called h1 is approved then i have still not got a job and my employer is done nothing much to market it . wat time frame do i require to be on job . pleaseeeeeeeeee help .email me at niharika.das13@gmail.com
thanks a zillion for ur patience
:mad:
hair online free. Watch keeping
smohan
07-08 04:48 PM
Well, it appears some mix up happened for Houston listeneres. I tuned in at 90.1 FM to listen this interview, at 3 pm central time(Houston time) but only music was being played.
later on internet I could listen the last 15 minutes of the session only, which sounded very good by its questions answers and content.
I am wondering if the recording of the whole session could be placed on IV site for all of us benifit who missed it.
Regards
later on internet I could listen the last 15 minutes of the session only, which sounded very good by its questions answers and content.
I am wondering if the recording of the whole session could be placed on IV site for all of us benifit who missed it.
Regards
more...
amsgc
08-05 01:42 PM
Congrats!
You are better off finding someone here, unless ofcourse you have plans to marry someone you already know :)
By the way, what is your PD, RD, ND Service Center, etc.?
Got the status update email from USCIS stating a card has been issued for my 485 application.
I am not married yet. What are the implications if I get married to a citizen of india residing in India.
Kindly refer me to appropriate material if you know of any.
Thanks,
Akshay
You are better off finding someone here, unless ofcourse you have plans to marry someone you already know :)
By the way, what is your PD, RD, ND Service Center, etc.?
Got the status update email from USCIS stating a card has been issued for my 485 application.
I am not married yet. What are the implications if I get married to a citizen of india residing in India.
Kindly refer me to appropriate material if you know of any.
Thanks,
Akshay
hot Keeping Up with the
sodh
07-12 03:51 PM
Please upgrade your H1-B extension to pp asap.
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fatjoe
03-17 12:06 PM
Hi PD:
Greatly appreciate you for sharing this link. Rons post is really an eye-opener for those who lose good opportunies in their career, just to maintain H1 status. "The applicant would no longer be eligible for H status beyond six year. Since the applicant remained in H status while waiting for his AOS adjudication, all of that time would count against the six year limit. The applicant would not be allowed to remain in the US in H status following the AOS denial because that would involve a post-six year stay" is a valid and logical point, which many of us would not have realizewd.
Greatly appreciate you for sharing this link. Rons post is really an eye-opener for those who lose good opportunies in their career, just to maintain H1 status. "The applicant would no longer be eligible for H status beyond six year. Since the applicant remained in H status while waiting for his AOS adjudication, all of that time would count against the six year limit. The applicant would not be allowed to remain in the US in H status following the AOS denial because that would involve a post-six year stay" is a valid and logical point, which many of us would not have realizewd.
tattoo E!#39;s Keeping Up With the
Refugee_New
01-07 12:00 PM
Its really scary for IT folks in India. Read on
http://www.businessweek.com/globalbiz/content/jan2009/gb2009017_807784.htm?campaign_id=yhoo
http://www.businessweek.com/globalbiz/content/jan2009/gb2009017_807784.htm?campaign_id=yhoo
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cygent
06-11 07:58 PM
Is anyone still upto doing something about the 140 situation?
Employer not paying salary after bloodsucking 7+ years, Lawyers not answering phonecalls, Employer not signing documents, H1-B 8th year expiring. Why O God Whyyyy?!?
I want to do something, but feel like my hands are tied & me thrown into the sea with sharks, with an anchor at my feet. I am not Criss Angel Houdini. My God Allah Zeus somebody help. Oh Well, Atleast I am Senior Member now.
Employer not paying salary after bloodsucking 7+ years, Lawyers not answering phonecalls, Employer not signing documents, H1-B 8th year expiring. Why O God Whyyyy?!?
I want to do something, but feel like my hands are tied & me thrown into the sea with sharks, with an anchor at my feet. I am not Criss Angel Houdini. My God Allah Zeus somebody help. Oh Well, Atleast I am Senior Member now.
dresses keeping up with the
mpaiva
07-17 10:30 AM
Are these for real? It was 5 months a couple of days ago. Also the USCIS Processing Times (https://egov.uscis.gov/cris/jsps/ptimes.jsp) page is offline since yesterday.
more...
makeup keeping up with the
mhtanim
10-06 06:51 PM
That's just it; isn't it. I'm here legally paying taxes, immigration and all that other good stuff. This last year many illegals who filed 2006 taxes and were awaiting refunds did not get the refunds due to their immigration status! Many things are on the change and when 4 of you are on TIN#'s it is easy to get pulled. What they audited us for was stupid totally illogical! Prove we were married, that the kids lived with us and we lived together in same house. That was it. Why would you file jointly if you did not live together in the first place. IRS office confirmed, then 2nd one re-confirmed it was flagged by INS and it wasn't even hidden well. So, that was August and we filed 07/05 the audit was for 2005 returns. They have all paperwork, but haven't heard anything back yet. That is a good thing too. I crammed every bit of evidence I could into that sealed file before sending it off. The officer who confirmed receipt of it was laughing harder with each turn of the 50 odd documents of proof that I had sent. She said I don't think we can deny that you live together and the kids live with you!!! Please don't worry about it. You should receive a letter in about 30 to 40 days with the outcome.
That is it and I shall wait for the letter to arrive signing it off.
Cheers,
LRIndy.
Working in the accounting/financial industry, I have to deal with the IRS time to time. From my experience, I can tell you that IRS care about their customers and if you say something, they will actually listen to you. Their customer service is actually pretty helpful.
After all you have provided them, if they still cause you more trouble, hire a local CPA and the CPA will work with you to resolve any issues with the IRS. CPAs are usually less expensive than lawyers.
Hearing your case, it sounds to me that your's was just a random case. I don't think they will bother you anymore. Good luck.
That is it and I shall wait for the letter to arrive signing it off.
Cheers,
LRIndy.
Working in the accounting/financial industry, I have to deal with the IRS time to time. From my experience, I can tell you that IRS care about their customers and if you say something, they will actually listen to you. Their customer service is actually pretty helpful.
After all you have provided them, if they still cause you more trouble, hire a local CPA and the CPA will work with you to resolve any issues with the IRS. CPAs are usually less expensive than lawyers.
Hearing your case, it sounds to me that your's was just a random case. I don't think they will bother you anymore. Good luck.
girlfriend with E#39;s Keeping Up With
pd_recapturing
10-19 02:02 PM
Gene77, Thx for sharing this info. Now I remeber that I have previosly seen this info in one of the IV posts. In any case, I will have it run through my attorney and see, what they say. I will keep you updated.
hairstyles #39;Keeping up with the
gc_chahiye
12-04 12:55 AM
Why dont you just work for your new employer in december on voluntary basis and take the salary in Jan as a signon bonus?. This way you will have a clean record of 6 months on H1.
because its illegal to work for an employer you are not authorized to work for.
because its illegal to work for an employer you are not authorized to work for.
abh
07-31 09:43 AM
Yesterday evening even my case got transferred to local USCIS office . I have LUD on my I140 for today.My daughter's case is still with old LUD.
Libra
07-12 12:51 PM
My question is a person with no shame, can he feel shameful???:confused:
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