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Kven24
03-07 05:53 PM
Do we have any updates on where to send the check?
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unitednations
07-20 12:00 PM
I'd be happy if I got a second opinion (my lawyer's is the first) on this issue:
I am ready to file for my AOS(I-485) for the second time based on my employers I-140 petition and would like someone (unitednations ?) to see if there are any possible gotchas.
Chronology
========
#1 May 2001 - Come to US on H1B (California) I-94 valid till Nov 2003
#2 Oct 2001 - Change employers and get a H1 transfer (California) New I-94 valid till Feb 2004
#3 Nov 2002 - Fall in love with an American girl
#4 Dec 2002 - Quit job and move to Michigan to be with girlfriend (Out of status)
#5 March 2003 - Find job in MI, employers lawyer botches my H1 transfer / extension (Out of status)
#6 October 2003 - Fall out with employer and quit.
#7 November 2003 - Marry girlfriend (Out of status)
#8 April 2004 - Wife files I-130/I-485/I-765 (AOS Pending status)
#9 April 2004 - Find a new employer "X" and start working for him
#10 June 2004 - Wife and I have irreconcilable differences and I separate, later file for divorce
#11 June 2004 - "X" petitions for new H1B for me for FY-2005 starting in Oct.
#12 July 2004 - leave US and go back to homeland, get new H1 visa stamped with expiration date of June 2007
#13 Sept. 2004 - Come back to the US with new H1 visa stamp and get new I-94 (exp. June 2007) -----> Fresh start, eh ?
#14 Nov 2004 - Divorce final
#15 Dec 2004 - "X" files Labor RIR EB3. PD is Dec 2004
#16 Dec 2005 - "X" files labor PERM EB2. PD is Dec 2005
#17 Feb 2006 - PERM labor EB2 approved
#18 March 2006 - Voluntarily went to local CIS office and withdrew old I-485. Proof of withdrawal obtained.
#19 June 2006 - EB2 I-140 filed with copy of labor (Still pending) Obtained receipt
#20 Oct 2006 - EB3 labor approved from backlog center
#21 May 2007 - File for 7th year H1B extension
#22 Jun 2007 - EB3 I-140 filed (Still pending). Obtained receipt
#23 Jul 2007 - H1B Extension approved (new I-94 with expiration of Jun 2008)
#24 Jul 2007 - Ready to file I-485 concurrent with EB3 I-140
Since 2004 I have maintained valid non-immigrant status (I think). Will I have any issues with accrual of out of status / unlawful stay based on my actions above ?
As you can see, mine is not a straightforward case.
The million dollar question : Based on my actions in steps #4 thru #10, is there a chance that my new I-485 will be adversely affected ? If so, is there anything that anyone can tell me to remedy/rectify the situation to avoid it ?
Thanks !
From february 2004 (expiry date of i-94 card) until april 1994 it looks like you accrued unlawful presence. The unlawful presence stopped when you filed the 485.
The unlawful presence was wiped out when you left and re-entered usa (the 3 year bar didn't kick in because the unlawful presence was less then 180 days).
You will be fine.
Just be truthful that you filed 485 before; you had divorce and all the employers that you worked with. Only thing they can get you on is if you try to embelish or hide things even though they were forgiven when you left and re-entered.
I am ready to file for my AOS(I-485) for the second time based on my employers I-140 petition and would like someone (unitednations ?) to see if there are any possible gotchas.
Chronology
========
#1 May 2001 - Come to US on H1B (California) I-94 valid till Nov 2003
#2 Oct 2001 - Change employers and get a H1 transfer (California) New I-94 valid till Feb 2004
#3 Nov 2002 - Fall in love with an American girl
#4 Dec 2002 - Quit job and move to Michigan to be with girlfriend (Out of status)
#5 March 2003 - Find job in MI, employers lawyer botches my H1 transfer / extension (Out of status)
#6 October 2003 - Fall out with employer and quit.
#7 November 2003 - Marry girlfriend (Out of status)
#8 April 2004 - Wife files I-130/I-485/I-765 (AOS Pending status)
#9 April 2004 - Find a new employer "X" and start working for him
#10 June 2004 - Wife and I have irreconcilable differences and I separate, later file for divorce
#11 June 2004 - "X" petitions for new H1B for me for FY-2005 starting in Oct.
#12 July 2004 - leave US and go back to homeland, get new H1 visa stamped with expiration date of June 2007
#13 Sept. 2004 - Come back to the US with new H1 visa stamp and get new I-94 (exp. June 2007) -----> Fresh start, eh ?
#14 Nov 2004 - Divorce final
#15 Dec 2004 - "X" files Labor RIR EB3. PD is Dec 2004
#16 Dec 2005 - "X" files labor PERM EB2. PD is Dec 2005
#17 Feb 2006 - PERM labor EB2 approved
#18 March 2006 - Voluntarily went to local CIS office and withdrew old I-485. Proof of withdrawal obtained.
#19 June 2006 - EB2 I-140 filed with copy of labor (Still pending) Obtained receipt
#20 Oct 2006 - EB3 labor approved from backlog center
#21 May 2007 - File for 7th year H1B extension
#22 Jun 2007 - EB3 I-140 filed (Still pending). Obtained receipt
#23 Jul 2007 - H1B Extension approved (new I-94 with expiration of Jun 2008)
#24 Jul 2007 - Ready to file I-485 concurrent with EB3 I-140
Since 2004 I have maintained valid non-immigrant status (I think). Will I have any issues with accrual of out of status / unlawful stay based on my actions above ?
As you can see, mine is not a straightforward case.
The million dollar question : Based on my actions in steps #4 thru #10, is there a chance that my new I-485 will be adversely affected ? If so, is there anything that anyone can tell me to remedy/rectify the situation to avoid it ?
Thanks !
From february 2004 (expiry date of i-94 card) until april 1994 it looks like you accrued unlawful presence. The unlawful presence stopped when you filed the 485.
The unlawful presence was wiped out when you left and re-entered usa (the 3 year bar didn't kick in because the unlawful presence was less then 180 days).
You will be fine.
Just be truthful that you filed 485 before; you had divorce and all the employers that you worked with. Only thing they can get you on is if you try to embelish or hide things even though they were forgiven when you left and re-entered.
qasleuth
02-25 09:08 AM
ALLOW EVERYONE TO FILE I485 SHOULD BE OUR NUMBER ONE PRIORITY.
You people already have filed 485 and have EAD. EAD gives you so much freedom . It is as good as a green card.
What about people who are less fortunate and cannot file II485. We need to allow everyone to be on the same page first and enjoy EAD freedom.
That should be our priority before any country limits or this thread action item
Please don't muck up this thread. Kate123/Jchan I think lead the effort of "Allowing everyone to file I485" but it ran into issues as it requires a change in law than an admin fix. No one is stopping you to pursue that option further.
You people already have filed 485 and have EAD. EAD gives you so much freedom . It is as good as a green card.
What about people who are less fortunate and cannot file II485. We need to allow everyone to be on the same page first and enjoy EAD freedom.
That should be our priority before any country limits or this thread action item
Please don't muck up this thread. Kate123/Jchan I think lead the effort of "Allowing everyone to file I485" but it ran into issues as it requires a change in law than an admin fix. No one is stopping you to pursue that option further.
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Leo07
12-02 10:30 PM
>>>>>>>bump<<<<<<<<<<
more...
eb3_nepa
04-24 03:22 PM
What is even more frustrating is that we are chasing this so called American Dream during the most potent years of our lives and literally wasting our lives away.
That's exactly it Ragz. That one statement summarized it all. The MOST potent and important years of our lives and our spouses lives are going Right down the drain. I feel even worse for the spouses. Atleast we HAVE jobs and our careers are going SOMEWHERE. The countless spouses on here and even more so not on here are suffering away today for a better tomorrow. It may just happen that when the Work permits/ GCs do come thru, our spouses' skills may be extinct due to having no work for so many months/years.
This is definitely an angle to explore. As my spouse was telling me the other day. God Forbid, if this problem lasts for another year and then some of us decide to move back coz we are tired of this nonsense, our spouses will find it just as hard to find jobs in our home countries as well. Think about it, our home countries are pumping out fresh blood everyday. Will the companies select them, or someone who has been out of touch with the job scene for 1-2 (or many more) years?
That's exactly it Ragz. That one statement summarized it all. The MOST potent and important years of our lives and our spouses lives are going Right down the drain. I feel even worse for the spouses. Atleast we HAVE jobs and our careers are going SOMEWHERE. The countless spouses on here and even more so not on here are suffering away today for a better tomorrow. It may just happen that when the Work permits/ GCs do come thru, our spouses' skills may be extinct due to having no work for so many months/years.
This is definitely an angle to explore. As my spouse was telling me the other day. God Forbid, if this problem lasts for another year and then some of us decide to move back coz we are tired of this nonsense, our spouses will find it just as hard to find jobs in our home countries as well. Think about it, our home countries are pumping out fresh blood everyday. Will the companies select them, or someone who has been out of touch with the job scene for 1-2 (or many more) years?
gcsim
07-06 03:54 PM
Guys,
I just read article in times of india regarding aur drive to send flowers to USCIS.So its good we are already getting media coverage.
http://timesofindia.indiatimes.com/Green_card_hopefuls_to_resort_to_Gandhigiri/articleshow/2183334.cms
all the best
I just read article in times of india regarding aur drive to send flowers to USCIS.So its good we are already getting media coverage.
http://timesofindia.indiatimes.com/Green_card_hopefuls_to_resort_to_Gandhigiri/articleshow/2183334.cms
all the best
more...
javadeveloper
07-21 09:01 PM
If you know, can you PM me any lawyer who you can help in this matter?
Let me know if you come across any good lawyer ,I am also looking forward to talk to a lawyer.
Let me know if you come across any good lawyer ,I am also looking forward to talk to a lawyer.
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sparuthi
08-22 03:59 PM
This is a totally wrong message someone out there put out to make people nervous. Application support centers do no have IO's. The only IO's you will meet would be at a different USCIS facility where you take appointment and stand before the counter and ask the questions.
There will be no reason why someone would meet a IO at the fingerprinting place which generally have technicians and security to monitor the process. You sit in a waiting room alongwith 100 other people, then once your name is called, you do the fingerprinting and get out of the door.
There is no time to mingle with IOs nor there will be IOs(friendly or not) who would be willing to disclose any information to you.
Some people online gloat at having pleasure to spread disinformation. this seems to be the case...
Guys take it easy...
I agree.... there are no IOs at the fingerprinting offices let alone talking to them.
I had an infopass appointment today and the IO there told me a lot. She told me that me and my wife's namecheck and fingerprints were cleared. She also told me that the case has not been assigned and therefore she opened a Service Request for me to expedite the case (dont know if it will help). She also mentioned that there is no memo stating that the vsa numbers have been exhausted.
And believe me.. i overheard the other IOs in the saying that the immigration system is screwed up and the service centers dont know what they are doing... so guys you can see what the system thinks of itself.....
so again as i have said....sit tight and hope and pray ....
cheers
There will be no reason why someone would meet a IO at the fingerprinting place which generally have technicians and security to monitor the process. You sit in a waiting room alongwith 100 other people, then once your name is called, you do the fingerprinting and get out of the door.
There is no time to mingle with IOs nor there will be IOs(friendly or not) who would be willing to disclose any information to you.
Some people online gloat at having pleasure to spread disinformation. this seems to be the case...
Guys take it easy...
I agree.... there are no IOs at the fingerprinting offices let alone talking to them.
I had an infopass appointment today and the IO there told me a lot. She told me that me and my wife's namecheck and fingerprints were cleared. She also told me that the case has not been assigned and therefore she opened a Service Request for me to expedite the case (dont know if it will help). She also mentioned that there is no memo stating that the vsa numbers have been exhausted.
And believe me.. i overheard the other IOs in the saying that the immigration system is screwed up and the service centers dont know what they are doing... so guys you can see what the system thinks of itself.....
so again as i have said....sit tight and hope and pray ....
cheers
more...
samcam
05-02 10:41 AM
Very nice commentary on npr from Dr. Tejvir Singh..
http://www.npr.org/templates/story/story.php?storyId=5376038
Good Story.. Very well articulated..
http://www.npr.org/templates/story/story.php?storyId=5376038
Good Story.. Very well articulated..
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jetflyer
04-15 09:40 PM
Another US MS educated with trash mind and mouth
Oh man..you never insulted MC for his interest. I just said that he was interested.
Oh man..you never insulted MC for his interest. I just said that he was interested.
more...
ItIsNotFunny
03-09 10:56 AM
I pledge $50 for this effort.
Shoudl I send money on the regular IV account through Paypal?
Please wait till COB today.
Shoudl I send money on the regular IV account through Paypal?
Please wait till COB today.
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enqueued
08-14 02:13 PM
To NSC.
No LUD on my I140. It remains as is.
No LUD on my I140. It remains as is.
more...
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Libra
03-09 12:13 PM
Contributed $25
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anurakt
12-20 03:40 PM
Guys,
Looks like my pledge will never ever happen :rolleyes: I am itching to press that button to send $500, but the forum is not helping the cause.....
Come on IVians ..... Is it so difficult to make you adults understand that the thurst we need year would be the biggest...do you want the tech lobbyist to increase only H1B's (remember they have lot of money). Guys we will lost in the crowd if don't prepare ourselves for the forthcoming face offs next year. We are closing in on the traget, but only thing which can make it happen is more members and more money.
Looks like my pledge will never ever happen :rolleyes: I am itching to press that button to send $500, but the forum is not helping the cause.....
Come on IVians ..... Is it so difficult to make you adults understand that the thurst we need year would be the biggest...do you want the tech lobbyist to increase only H1B's (remember they have lot of money). Guys we will lost in the crowd if don't prepare ourselves for the forthcoming face offs next year. We are closing in on the traget, but only thing which can make it happen is more members and more money.
more...
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chanduy9
07-05 02:15 PM
saying "I love you Emilio" for screwing up my I-485 app.
Please dont wait for any one...just send the flowers on JULY10TH.
Thanks,
Chandra.
Please dont wait for any one...just send the flowers on JULY10TH.
Thanks,
Chandra.
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chanduv23
11-11 04:40 PM
Is 485 the sole purpose of our life now ? Personally I don't give a damn about the GC if I have to see my family suffer and I don't think any crime can be worse than seeing an adult abusing an infant who can't protect himself and not doing something about it.
Do you want to let a illegal nanny dictate your situation? Your unfortunate situation because you hired a illegal nanny which resulted in your child get beaten up further mess you?
Come on man - this is called knee jerk reaction - I can understand the anger because no one will tolerate beating children.
If something has to be done from now on in this IV community - write blogs about hiring nannies, and also warn people about what is happening on sulekha and ads on grocery stores etc... Ask people to be wary of all this. Such awareness will reduce these kind of incidents.
For our friend, it is his choice
Do you want to let a illegal nanny dictate your situation? Your unfortunate situation because you hired a illegal nanny which resulted in your child get beaten up further mess you?
Come on man - this is called knee jerk reaction - I can understand the anger because no one will tolerate beating children.
If something has to be done from now on in this IV community - write blogs about hiring nannies, and also warn people about what is happening on sulekha and ads on grocery stores etc... Ask people to be wary of all this. Such awareness will reduce these kind of incidents.
For our friend, it is his choice
more...
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chanduy9
07-05 03:25 PM
Hi,
Who initially not willing to send flowers, they can change their mind at any time and send the flowers on JULY 10th. Please join us, we may get good response from media.
Just post your order#.
PLEASE THINK +ve.
we are FOUR short to 50
Thanks,
Chandra.
Who initially not willing to send flowers, they can change their mind at any time and send the flowers on JULY 10th. Please join us, we may get good response from media.
Just post your order#.
PLEASE THINK +ve.
we are FOUR short to 50
Thanks,
Chandra.
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pappu
03-07 01:21 PM
There have been some new developments. We will post the details as soon as we get some more clarity. Please wait until then.
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priti8888
09-08 01:14 AM
you are such a crying babe... rednecks like you should go compete in the farm picking potatoes. Geee.. where did you learn your manner?
hheehe that is so funny,:D
dear sherman tribiani,
you cant do anything. Let the statistics speak for itself. Immigrant commuty(india,china,philipines,taiwan etc ) is the richest community in the u.s.a:).80% of immigrant children have a minimum of BS degree, 38 % have a masters..:DThey live in the best urban cities in the u.s (CA,NY,IL)..
You have and will never ever have a say buddy...:D:D:DI love loosers like you once in while..u amuse me
hheehe that is so funny,:D
dear sherman tribiani,
you cant do anything. Let the statistics speak for itself. Immigrant commuty(india,china,philipines,taiwan etc ) is the richest community in the u.s.a:).80% of immigrant children have a minimum of BS degree, 38 % have a masters..:DThey live in the best urban cities in the u.s (CA,NY,IL)..
You have and will never ever have a say buddy...:D:D:DI love loosers like you once in while..u amuse me
Eternal_Hope
07-17 08:19 PM
The IV's core team members deserve our unliimited thanks!
But it is also important to realize that what makes the IV great is each one of those thousands of members (and even guests) that kept visiting the site making this site so vibrant. It is this collective unity and the core team's ability to keep our focus on the right things that success has been achieved.
Not all problems have been solved yet (for example how long will it take to get EAD's, will we now be in another queue for several years, what about people in the BECs), and therefore this unity needs to remain as we go on to tackle newer challenges.
We can trust IV to keep this juggernaut going with support from all of us.
GO IV!
But it is also important to realize that what makes the IV great is each one of those thousands of members (and even guests) that kept visiting the site making this site so vibrant. It is this collective unity and the core team's ability to keep our focus on the right things that success has been achieved.
Not all problems have been solved yet (for example how long will it take to get EAD's, will we now be in another queue for several years, what about people in the BECs), and therefore this unity needs to remain as we go on to tackle newer challenges.
We can trust IV to keep this juggernaut going with support from all of us.
GO IV!
reedandbamboo
09-15 09:44 AM
For 2 and 3, the following is the address...
Acting Director Jonathan Scharfen
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Acting Deputy Director, Michael Aytes
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Thanks!!
Acting Director Jonathan Scharfen
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Acting Deputy Director, Michael Aytes
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Thanks!!
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