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vbkris77
04-06 09:39 PM
Look below the URL. If they are doing it. It is legal. But If some one is denied entry, they can also challenge the decision. Consultants especially will need to use proper/legal answers.
http://www.golishlaw.com/statutes/ina212.htm
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
http://www.golishlaw.com/statutes/ina212.htm
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
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eastindia
08-03 10:07 AM
Yea sure, I'd like to see all the high skilled kings that have been made by companies.
It is a fallacy that skill, intellect or IQ has meaning/importance in the US.
At the end of the day, you are just another desk jockey.
If you are just another desk jockey, your company made a big mistake sponsoring your H1. H1 visa is only given to people in high demand with special skills where company cannot find a US citizen. Greencard is sponsored by a company when company proves that no USA citizen is available to do your job despite lot of advertising for many months. It is company wanting to keep you permanent instead of just 6 years and not you demanding to be permanent. This is Employment based Green card where employer sponsors you. You do not sponsor yourself unless you are extraordinary in EB1 and world's best. Why can't people get over this and stop demanding greencard as their right. Greencard is a benefit you get for having specialized skills that are in high demand in the job you do. If you think you are unique and no American can replace you after giving ads for several months, what is stopping you from finding another company and challenging them to try advertising for few months for your position. If they find someone, you will happily quit the job and vacate for the American citizen. And if they do not find someone, then they should sponsor you for Greencard. Do you have such courage to talk to HR or CEO of your company?
It is a fallacy that skill, intellect or IQ has meaning/importance in the US.
At the end of the day, you are just another desk jockey.
If you are just another desk jockey, your company made a big mistake sponsoring your H1. H1 visa is only given to people in high demand with special skills where company cannot find a US citizen. Greencard is sponsored by a company when company proves that no USA citizen is available to do your job despite lot of advertising for many months. It is company wanting to keep you permanent instead of just 6 years and not you demanding to be permanent. This is Employment based Green card where employer sponsors you. You do not sponsor yourself unless you are extraordinary in EB1 and world's best. Why can't people get over this and stop demanding greencard as their right. Greencard is a benefit you get for having specialized skills that are in high demand in the job you do. If you think you are unique and no American can replace you after giving ads for several months, what is stopping you from finding another company and challenging them to try advertising for few months for your position. If they find someone, you will happily quit the job and vacate for the American citizen. And if they do not find someone, then they should sponsor you for Greencard. Do you have such courage to talk to HR or CEO of your company?
nosightofgc
01-19 07:29 AM
Very interesting. When we applied for 485/EAD/AP, our lawyer specifically asked for color passport copies of the first few pages. I went ahead and made copies of all pages. Am I in trouble?
Color photocopy of passport, immigration documents, currency notes, etc. (a list of 8-10 items) are totally illegal in USA. You may face legal consequences. I have color copiers both photo and laser. User manual clearly states that.
I am not sure why B/W copy could be illegal. Most of univerisities recommend students to keep a photocopy of immigration documents safely. See these sites
http://www.beloit.edu/~oie/int_students/f-1_maintain_status.html.
http://www.isso.cornell.edu/immigration/f1/f1.php
http://www.beloit.edu/~oie/int_students/f-1_maintain_status.html
http://iso.truman.edu/index.php?type=current&id=f1
These photocopies are supposed to be kept safely and seperately from originals and supposed be used for requesting replacement while originals are lost. These photocopies are not supposed to be shown to anybody else otherwise. Trying showing photocopies to govt. officials such as police, dmv, immigration officers, etc. - there will be questions on this. But when requesting replacement of a lost I20 or a lost passport by providing a photocopy of original, question related to photocopy (B/W) will not be asked.
Color photocopy of passport, immigration documents, currency notes, etc. (a list of 8-10 items) are totally illegal in USA. You may face legal consequences. I have color copiers both photo and laser. User manual clearly states that.
I am not sure why B/W copy could be illegal. Most of univerisities recommend students to keep a photocopy of immigration documents safely. See these sites
http://www.beloit.edu/~oie/int_students/f-1_maintain_status.html.
http://www.isso.cornell.edu/immigration/f1/f1.php
http://www.beloit.edu/~oie/int_students/f-1_maintain_status.html
http://iso.truman.edu/index.php?type=current&id=f1
These photocopies are supposed to be kept safely and seperately from originals and supposed be used for requesting replacement while originals are lost. These photocopies are not supposed to be shown to anybody else otherwise. Trying showing photocopies to govt. officials such as police, dmv, immigration officers, etc. - there will be questions on this. But when requesting replacement of a lost I20 or a lost passport by providing a photocopy of original, question related to photocopy (B/W) will not be asked.
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gc_on_demand
02-12 02:47 PM
Waste of time : So many people and so many minutes.
Waste of space on site : IV lost some space because of this thread.
Marketing gain : That immi business So many people visited their site when they came on IV and saw this sizzling thread about visa wastage.
Decide yourself who won and who lost...
Waste of space on site : IV lost some space because of this thread.
Marketing gain : That immi business So many people visited their site when they came on IV and saw this sizzling thread about visa wastage.
Decide yourself who won and who lost...
more...
GCNirvana007
10-12 11:15 AM
The part I didnt understand is how come you are so stupid? I hope you carry your passport when you go to the bathroom also because a dumb ass sheep like you probably needs it.
Mr.Bhootia - It wont take a second to type back the same.
I mentioned about LAW and you are calling me stupid, that explains how you roll isnt it.
Mr.Bhootia - It wont take a second to type back the same.
I mentioned about LAW and you are calling me stupid, that explains how you roll isnt it.
webm
03-17 01:14 PM
Category: EB3 India
PD: Oct 2001
140 AD:Sep,2005
485 RD:06/25/2007
PD: Oct 2001
140 AD:Sep,2005
485 RD:06/25/2007
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ItIsNotFunny
10-15 04:42 PM
People who want a copy of their LCA/I-140, please send that in before this. This will create a real large queue and you won't ever get your copy.
Do we all need to do this ?
-M
What are you suggesting? Please speak in lay man's terms.
Do we all need to do this ?
-M
What are you suggesting? Please speak in lay man's terms.
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Almond
07-05 12:18 PM
So many more places to go to on the internet and get free info and free forums to post on that making this one a paid members only forum would ensure you and a handful of others like you will be best friends posting and viewing on here by yourselves. At least it'll last for a couple of years, you know, longer than a western marriage because you're bound to be waiting considering the USCIS snail work pace. This forum should stay free so everyone can have access to it and be able to communicate with others in similar situations. If one feels like they can/want to contribute for whatever reason, it should be of their own choosing. I just joined so I don't have that sense of gratefulness that longer term posters have but I can see how that could change after being here for a while.
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GC_SUCK
08-15 11:03 PM
I am wondering what part RD will paly in this new visa bulletin. In may case, I have PD of April 2002 (EB3-ROW) but RD of March 2007.
I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?
That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.
I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?
That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.
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02-17 06:16 PM
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Those who would like to donate or in need please PM me with your Name and Phone number along with a good time to reach.
if you are donating miles, please also provide the airlines and the number of miles you wish to donate and contact info (name and phone number)
Please do not forget to put your phone number when you send me the PM.
Thanks
sent Delta miles information to you.
Those who would like to donate or in need please PM me with your Name and Phone number along with a good time to reach.
if you are donating miles, please also provide the airlines and the number of miles you wish to donate and contact info (name and phone number)
Please do not forget to put your phone number when you send me the PM.
Thanks
sent Delta miles information to you.
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.soulty
02-16 07:23 PM
thanks grinch and thirdworldman(shheshh do you have a shorter username? lol)
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nice render eilsoe :thumb:
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pappu
02-11 08:44 PM
141,020 visa numbers used in FY2009
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Good to see your post. :) Your posts are very helpful and educational to IV members Thank you.
If someone thinks visas are being wasted please send us the proof and IV will take action.
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Good to see your post. :) Your posts are very helpful and educational to IV members Thank you.
If someone thinks visas are being wasted please send us the proof and IV will take action.
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ronhira
04-10 10:40 AM
Time and again I am telling. EB 3 problem is due to 245(i) cases. Once 245(i) primaries are over, their dependent will come into the picture, who are waiting back home. All 245(i) cases have PD before April 2001. For time being, EB3 I or Mexico move beyond April 01 but again retrogress back to the April 01 when cases are accumulate at CP. This is the reason why EB3 I and Mexico is not moving since last many years.
If some one is not convince with me, request under FOIA
1. How many cases filed under 245(i) in India, Mexico, and ROW
2. How many cases filed under I 824 Follow to Join since 2007?
what r u...... y don't u file foia to prove your twisted racist theories.... y r u always attacking mexican immigrants or 245(i)...... 245(i) was a LEGAL provision in the law...... who made that law..... congress....... assuming any merit to u'r racist theory.... y r u faulting the people who filed 245(i)..... y not fault the congress for passing 245(i) & not passing immigration bill....
If some one is not convince with me, request under FOIA
1. How many cases filed under 245(i) in India, Mexico, and ROW
2. How many cases filed under I 824 Follow to Join since 2007?
what r u...... y don't u file foia to prove your twisted racist theories.... y r u always attacking mexican immigrants or 245(i)...... 245(i) was a LEGAL provision in the law...... who made that law..... congress....... assuming any merit to u'r racist theory.... y r u faulting the people who filed 245(i)..... y not fault the congress for passing 245(i) & not passing immigration bill....
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CSPAvictim
07-09 07:55 PM
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. The remaining number was splitted for Consular porcessing.
my 2 cents...
Well, I didn't think Sunday, JULY 1 counted as a business day for USCIS. Isn't there a law prohibiting government employees from working on weekends? If there isn't any such law and if it really is a working day, maybe people should have hand delivered applications at the service centers on sunday. I read in some other thread that someone had his/her application delivered via USPS on sunday night :confused: No wonder this is all such a horrible mess!
my 2 cents...
Well, I didn't think Sunday, JULY 1 counted as a business day for USCIS. Isn't there a law prohibiting government employees from working on weekends? If there isn't any such law and if it really is a working day, maybe people should have hand delivered applications at the service centers on sunday. I read in some other thread that someone had his/her application delivered via USPS on sunday night :confused: No wonder this is all such a horrible mess!
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concorde
07-23 04:32 PM
Mine reached NSC on July 2 at 9:02 AM. Got Fedex delivery confirmation and no receipt from CIS yet. Will check with my lawyer for advise.
You must be joking :-) about asking the attorney for advise :-). See http://immigrationvoice.org/forum/showpost.php?p=122613&postcount=39
Unfortunately most of the attorneys don't seem to be on top of the situation
and will only list out the "obvious" possible outcomes which we ourselves can list out.!! So far, at least 2 attorneys I have approaced haven't been able to tell me how 2 485 applications for a single person are handled. Godammit, it is not some rocket science question; it has to be there in some USCIS manual/rule book or a section of the immigration law.
You must be joking :-) about asking the attorney for advise :-). See http://immigrationvoice.org/forum/showpost.php?p=122613&postcount=39
Unfortunately most of the attorneys don't seem to be on top of the situation
and will only list out the "obvious" possible outcomes which we ourselves can list out.!! So far, at least 2 attorneys I have approaced haven't been able to tell me how 2 485 applications for a single person are handled. Godammit, it is not some rocket science question; it has to be there in some USCIS manual/rule book or a section of the immigration law.
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02-16 07:37 PM
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deepakjain
06-08 06:38 PM
You might get your GC while you are at the retirement home....
Do not get me wrong ....140 crore Rupees [EAD & AP Renewal] just for pending 485 is not an small amount.....
they will be another July 2007 fiasco in 2010.....so that another 200K people board the non stop flight for GC destination......so that 140 Crore becomes 280 Crore Rupees....those 2000 hired by USCIS in 2007 will be waiting for salary hike ....:D
Do not get me wrong ....140 crore Rupees [EAD & AP Renewal] just for pending 485 is not an small amount.....
they will be another July 2007 fiasco in 2010.....so that another 200K people board the non stop flight for GC destination......so that 140 Crore becomes 280 Crore Rupees....those 2000 hired by USCIS in 2007 will be waiting for salary hike ....:D
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Macaca
07-17 09:19 AM
Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html
Please post IRS/USCIS/DOS/DOL/... link that requires H1B's to pay ALL taxes. We still have to prove that all H1B's actually pay ALL taxes. Thanks
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html
Please post IRS/USCIS/DOS/DOL/... link that requires H1B's to pay ALL taxes. We still have to prove that all H1B's actually pay ALL taxes. Thanks
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prioritydate
12-20 07:03 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
nojoke
03-01 04:06 AM
Unfortunately, Obama is not changing much. The mortgage bailout is just a show. Almost irrelevant.
They are throwing good money into a black hole.:mad:
They are throwing good money into a black hole.:mad:
krishjack
07-03 02:25 PM
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