tdasara
08-22 09:14 PM
That's because most people do even know what a I-485 looks like :confused: and will likely not know for years!
wallpaper Clown fish on the inner bicep,
raysaikat
05-31 12:18 AM
Thanks a lot, Raysaikat.
I appreciate the response.Here are a few of my immidiate thoughts....
1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.
There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.
It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:
In this document, "out of status" is defined as what I am referring to as "unlawful presence".
212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]
* For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
[snip...]
It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.
Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.
2)How does USCIS actually track who is employed and who is not?
They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.
3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?
Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.
I.e., you will have no problem at all.
4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?
Any thoughts/opinions wouldbe most appreciated.
Thanks!
My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.
I appreciate the response.Here are a few of my immidiate thoughts....
1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.
There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.
It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:
In this document, "out of status" is defined as what I am referring to as "unlawful presence".
212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]
* For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
[snip...]
It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.
Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.
2)How does USCIS actually track who is employed and who is not?
They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.
3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?
Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.
I.e., you will have no problem at all.
4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?
Any thoughts/opinions wouldbe most appreciated.
Thanks!
My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.
prdgl
02-11 11:08 AM
But quality of life is determined by the freedom and once you get your GC then you will be able to do anything, right ? or I am thinking wrong.
If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker
Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.
Your thoghts are important. Please let me know.
Thanks
If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker
Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.
Your thoghts are important. Please let me know.
Thanks
2011 his right icep instead:
jnraajan
03-27 01:14 PM
Hey Dont Thank me. Thank IV, which is you and me and everyone else.
Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.
Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.
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swede
08-23 11:41 AM
USCIS should have all the records in their system. I guess that are refrained from asking RFEs if they can find it in their system or cross check it with other agencies.
I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Maon
07-02 02:18 PM
Today morning when I was just adding the notarised birth affidavit that I had recievd last night from India and was leaving to fedex the papers to Nebraska, my lawyer called up and informed of the update and asked me not to send the app. Now after reading all the posts here, could someone advice if I should send the app- I mean if there is some re-thinking by USCIS, would they might say show us the sent reciept etc ???
Pls advice,
Thanks,
Pls advice,
Thanks,
more...
chillfakter
02-11 04:15 PM
I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
2010 Wine Tattoo Contest held
immieb2
09-25 04:55 PM
Good find. I can use this to explain to American friends at work
more...
RSM1444
04-04 02:05 PM
Some body with priority date of Dec 2008 voted yes. It looks like some confusion.
hair Aug be either inner bicep
abhijitp
08-30 05:17 PM
And thanks for your continued support. I wish every IV member thinks like you!
People, please please please attend the DC rally! If you just cannot, please sponsor someone to attend the rally:
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
People, please please please attend the DC rally! If you just cannot, please sponsor someone to attend the rally:
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
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vinzak
01-03 12:36 AM
School has no interest in insisting on a specific immigration status when you meet the admission requirements and pay your tuition. With I-485 receipt most colleges will accept you as a resident student without any issues.
However, I think you have to let the H1 status go when you leave your current position, and that should not matter as you have the option to get EAD for any future work.
GC is for future employment, and with the current backlog in EB3-I you will easily finish your MBA before you get your GC. Hence, go for it and good luck!
If a student is taking more than 18 hrs in credits, the school is liable to make sure the student's immigration status is legit. So the school does have an interest. I'm not sure if you did Master's or when you did it. But under SEVIS, the liability schools have on foreign students are far more stringent than before.
However, I think you have to let the H1 status go when you leave your current position, and that should not matter as you have the option to get EAD for any future work.
GC is for future employment, and with the current backlog in EB3-I you will easily finish your MBA before you get your GC. Hence, go for it and good luck!
If a student is taking more than 18 hrs in credits, the school is liable to make sure the student's immigration status is legit. So the school does have an interest. I'm not sure if you did Master's or when you did it. But under SEVIS, the liability schools have on foreign students are far more stringent than before.
hot Eastern Tiger Inner Bicep
Munna Bhai
08-23 12:04 PM
I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede is correct, you need to have all the documents...here is the classic couple of case:
a)One person was deported as he was not able to show the document and immigration department didn't had.
b)One person is in H1b (was in F1) but RMV asked for F1 I-20 as that was what stamped on the passport.
c)Another case, H1b was not extended to 3 years even though this person stayed outside USA for around 11 months. Even after submitting docs, got only 2 years extension
So you are free to conclude..
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede is correct, you need to have all the documents...here is the classic couple of case:
a)One person was deported as he was not able to show the document and immigration department didn't had.
b)One person is in H1b (was in F1) but RMV asked for F1 I-20 as that was what stamped on the passport.
c)Another case, H1b was not extended to 3 years even though this person stayed outside USA for around 11 months. Even after submitting docs, got only 2 years extension
So you are free to conclude..
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house Custom inner Biceps Tattoo
mohitb272
12-11 03:11 PM
one way i am thinking of doing is asking for a EVL from the new company with the same kind of job description. 10 years ago, all these laws (to be in the same job description was having some meaning , people used to get GCs in less than a year), but these days it takes anywhere between 5-7 years, and how can uscis expect someone to be in the same description working for 7 years. it just doesnt make sense when you want to be competitive in the market.
Cannot agree with you more! USCIS - is any one listening???
Cannot agree with you more! USCIS - is any one listening???
tattoo right inner bicep in april
GCmuddu_H1BVaddu
02-01 08:11 PM
I would suggest to build a wind mill and generate own power next winter :D
My a** was burned with big electricity bill last winter when I was in apartment . If I put 70 hall will be very hot and bed room will be very cold. If I put 75 bed room is ok but people in hall are sweating. No proper control because of poor maitenance and also the apartment location.
You will be surprised I am paying less power bill now in new house of 2500 SQFT than I was paying in 1100 SQFT apartment (with no one at home from 8 AM to 6 PM and all lights off by 10.30 PM).
I am repeating myself, most of the times it is because of the poor maintenance of the heating system. That causes the system to run all the time.Ask how long ago the management did maintenance to the heating system (not just replacing the filter twice a year which doesn't do anything other than clean air)
My a** was burned with big electricity bill last winter when I was in apartment . If I put 70 hall will be very hot and bed room will be very cold. If I put 75 bed room is ok but people in hall are sweating. No proper control because of poor maitenance and also the apartment location.
You will be surprised I am paying less power bill now in new house of 2500 SQFT than I was paying in 1100 SQFT apartment (with no one at home from 8 AM to 6 PM and all lights off by 10.30 PM).
I am repeating myself, most of the times it is because of the poor maintenance of the heating system. That causes the system to run all the time.Ask how long ago the management did maintenance to the heating system (not just replacing the filter twice a year which doesn't do anything other than clean air)
more...
pictures Getting a new tattoo on inner
h1techSlave
07-30 10:27 AM
For the next conference call, may be we can pool together some common questions and a couple of people can ask them during the call.
dresses 3 tattoos on his body,
dupedinjuly
07-18 03:50 AM
http://www.nytimes.com/2007/07/18/washington/18visa.html
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makeup Right and left (inner) icep:
irrational
04-04 11:33 AM
Folks,
Here is some update. Hopefully, someone might find this useful.
Today (4/4/2008) I took an InfoPass appointment in Dallas:
The lady at the window said, the case is in TSC and that particular office(Local Office???) has not recieved the file yet. So she asked me to write a letter to TSC.
I thought I would call the TSC first and see if I can get a quicker response:
I called the TSC using the key combo (Thanks guys)
The agent was helpful:
- The Notice which was returned was the Reciept Notices..It seems those will not be resent, so I should not worry about it.
- My Wife's address was still wrong on the file, I recorrected it. This is after I got a confirmation in the mail :confused: :( -- Is there anyway we/Lawyer can confirm it ?
- Our Finger Print Notices are initiated but not yet scheduled by the local ASC. We'll get notices once the FPs are scheduled (What does this mean???)
Key Combo used:
1-800-375-5283
1 -> 2 -> 2 -> 6 -> 1 .. Application Number .. 1 -> 1 -> 3 -> 4
If the message something like, "No agents are available at TSC.. trasfering to NSC" hangup and try again.
Hope this helps someone else too.
Here is some update. Hopefully, someone might find this useful.
Today (4/4/2008) I took an InfoPass appointment in Dallas:
The lady at the window said, the case is in TSC and that particular office(Local Office???) has not recieved the file yet. So she asked me to write a letter to TSC.
I thought I would call the TSC first and see if I can get a quicker response:
I called the TSC using the key combo (Thanks guys)
The agent was helpful:
- The Notice which was returned was the Reciept Notices..It seems those will not be resent, so I should not worry about it.
- My Wife's address was still wrong on the file, I recorrected it. This is after I got a confirmation in the mail :confused: :( -- Is there anyway we/Lawyer can confirm it ?
- Our Finger Print Notices are initiated but not yet scheduled by the local ASC. We'll get notices once the FPs are scheduled (What does this mean???)
Key Combo used:
1-800-375-5283
1 -> 2 -> 2 -> 6 -> 1 .. Application Number .. 1 -> 1 -> 3 -> 4
If the message something like, "No agents are available at TSC.. trasfering to NSC" hangup and try again.
Hope this helps someone else too.
girlfriend off the inner bicep with a
H1bslave
06-27 02:28 PM
You should be perfectly fine as your joining date is 11/27. The first payday could take more than 30 days in many organizations and its a common practice.
For USCIS: It is perfectly fine argument that your first pay day falls in 2008 because of account/payroll setup.
For IRS: Their calculation starts when employer issues a pay check (pay day) with in same month they need to receive their (cut) taxes reagardless of what was the pay period.
I run payroll for my company and can provide insight, PM me if you have more questions.
Take it easy & Enjoy your weekend :D
I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.
Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.
Thanks.
For USCIS: It is perfectly fine argument that your first pay day falls in 2008 because of account/payroll setup.
For IRS: Their calculation starts when employer issues a pay check (pay day) with in same month they need to receive their (cut) taxes reagardless of what was the pay period.
I run payroll for my company and can provide insight, PM me if you have more questions.
Take it easy & Enjoy your weekend :D
I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.
Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.
Thanks.
hairstyles Inner bicep
yabadaba
06-22 02:54 PM
bump up
rb_248
10-16 08:05 PM
I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.
Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.
Good luck.
Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.
Good luck.
starscream
08-27 05:00 PM
VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
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