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  • logiclife
    12-12 10:26 AM
    We have asked an immigration lawyer this question. Someone even quoted all the sections of INA and CFR(code of federal regulations) to make the point -- that you can have regulation changed to file 485.

    The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.

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  • alterego
    07-15 10:30 AM

    "and the alien must have intended to undertake the employment, upon adjustment"

    That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
    This answer was speaking to that point.

    A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
    With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.

    Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.

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  • ufo2002
    01-17 02:09 PM
    waitingGC, Well said. Your assessment about this group of people may be correct. These are mostly apathy-stricken people with indifferent attitudes towards the events and surroundings around them. No change can be made with such an attitude. If it were for such lazy people, no revolution/change could have been organized and this world would still be be under imperialistic forces. Sloth is the biggest sin and an example to sloth is well demonstrated by the behavior of these people who refuse to participate.

    Equating revolution against an imperialist / occupying forces with this cause for a green card is hardly comparable. If my country was invaded, I will definitely do everything I can to resist and fight. Do people spill blood and die for a GC here? Do you know what a GC is? It is essentially a piece of paper that says you have permission to live, work, re-enter the country freely (just one step short of voting rights).

    Sloth is one of the 7 sins, and so is Vanity. I admire and respect people who are contributing to the IV cause, but you don't have to beat down on people who don't contribute. We all have our reasons for doing things our own way. Respect that, and people respect you.

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  • perm2gc
    01-18 06:20 PM


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  • dealsnet
    08-21 11:14 PM
    Nobody get any advantage from your situation. We are all very sad about your situation. Even legal IV members are forced to go home after loosing their job and after 6 years in H1B.
    You are here come not in any work visa catagory. Not even in NAFTA.
    You file your I-485 at the time of July 2007 visa fiasco.
    USCIS got 1 million application at that period. So they didn't made much scrutiny your application. If at normal time, you may get a fast RFE and subsequent denial.
    Because of work load it was not happened. I have read all of your previous threads in IV (REGARDING FINGER PRINT ETC). Your case is diffrent with the people here.
    You are ignorant regarding immigration. You have acess to comuter. Google it and get info.

    You are telling about I-485 only.
    IF you are not filed I-130 or I-140 at the time or before I-485, your petition is invalid.
    Except EB1, almost all EB based GC need labor process.

    If your I-94 date is expired and you are not extend it or change to any visa catagory at the time of I-485 filing, you are illegal. IT IS THE HARD TRUTH.
    USCIS will not adjust the status, if the petitioner is not legal at the time of I485 filing.
    After I-485 filing I-94 expiry is not a problem.
    Canada is next country. Why you didn't go back and come in NAFTA or other visa catagory ?

    Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
    And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
    They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
    No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.


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  • gkrish
    04-27 03:10 PM
    Would like to post my experience at the point of entry recently.
    Just got back from an India vacation trip and entered thru SEA airport. Am still on a H1B(8 years running) and was a bit concerned about the posts saying that H1B are being questioned at the POE. In fact, before leaving I got a chance to speak to someone who runs a small consulting firm and his advice was to cancel my trip and avoid any Interntional travel.

    But I went anyways went ahead since I had the confidence/hope due to working for a huge American organization; a name which will anyone will recognize.
    I have a AP as well and was prepared to use it if faced with issues on re-entering with H1.
    To my pleasant surprise, the immigration process took less than 2 mts, the fastest in my personal experience ever. Just 2 questions were asked by the officer who was very polite and friendly -- where do I work and for how long. Thats it.
    Will conclude that if one if you work for a fairly reputable/well known orgn, then travelling on H1B should not be an issue.


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  • pappu
    01-19 10:13 PM
    Hello Members,
    I was able to attend Tri-State Con Call. These are actionable for us to increase IV membership and awareness..

    1. Meet the law members compaign. List of Congress Members is below:
    2. Media Campaign: Contact major media outlets and try to publish stories about EB Green card issues.
    3. Commercials in Theaters playing Hindi movies
    4. Distribute flayers on NJ Transit Buses, Trains and Grocery Stores.

    It is up to us to get these initiatives going as soon as we can.
    Thanks for attending the call and taking initiative.


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  • anilsal
    12-11 04:04 PM
    USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)

    INA should be changed which should be done through a legislative process, not through any rule making.

    I think the act says that the alien should have filed an application, only after which does the question of available visa comes into picture.

    I think this act is not the applicable one.

    So I think we are still green to discuss this. Do you interpret the same?

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  • Eternal_Hope
    03-09 10:55 PM
    Sri, I appreciate your enthusiasm and spirits. in my view, unless something comes from the IV core ..nothing will happen. people in this forum are too diverse and independent and hence they need strong leadership. and for some reason (we can only speculate),, all that we have from the core is silence

    I partially agree with both you and Sri - while it is true that I have not (recently) written to the lawmakers, and more often than not I vent my frustration here - especially each time the visa bulletin appears and then tend to go on with my life, I have in the past written, telephoned, faxed to lawmakers. Over the past 2 years I have seen bills come and go. I am at a stage now where I have almost resigned to the fact that maybe there is not much that we can do - especially given the low level of participation from members here at IV.

    I also feel that it is time younger members (freshers blood) takes on leadership roles here. IV is a forum which provides the opportunity for enthusiastic people to just go ahead and organize any drive they feel will work. IV leadership will not object, as long as the drive is tasteful and is within all parameters of decency.

    As for older and tired people like us.... we will gladly follow the leaders and assist in any way possible.


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  • chanduv23
    09-19 11:40 AM
    These stories are scary


    By MICHAEL GORMLEY, Associated Press Writer Thu Sep 18, 1:03 PM ET

    ALBANY, N.Y. - A new projection shows Wall Street's meltdown will likely cost New York state up to 40,000 private sector jobs and $3 billion in tax revenues over the next two years, two state officials said Thursday.

    The revised numbers in the snapshot of worst case estimates was done Wednesday at the highest levels of New York's state government.

    The projection is worse than Gov. David Paterson predicted just Tuesday when he said the state could lose some $1 billion in revenue because of upheaval in the financial sector.

    Wall Street is a major economic force in New York state, generating one-fifth of the state's revenues each year.

    The officials spoke on condition of anonymity because they weren't authorized to comment on the fiscal analysis.

    Both hits would be substantial. The total New York state budget including federal funds is about $120 billion, and the state has about 7.25 million private-sector jobs.

    State officials used the model of the fiscal damage to New York after the Sept. 11, 2001, terrorist attacks. Then, Gov. George Pataki said it was the worst financial hit to New York since the Great Depression 70 years earlier.

    The new analysis includes the stock market drop, lost revenue from transactions and projected lost income tax revenue from Wall Street jobs.

    Three of the five major U.S. investment banks � Bear Stearns, Lehman Brothers and Merrill Lynch � have either gone out of business or been driven into the arms of another bank. The two remaining banks, Goldman Sachs Group Inc. and Morgan Stanley, are under siege.

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  • SunnySurya
    07-28 11:24 AM
    I am a hindu but I also want to present anothere extrem point of view..
    PS: I DON'T like the tone of his blog..



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  • immi2006
    09-26 10:22 AM
    Do you think Lawyers used the rally to further their business and had IV as a front to project that as a H1 CAP increase ?

    1) Lawyers would not do anything for free
    2) At the very best - we need to have another rally in Silicon Valley to highlight
    our cause with immeiate Effect, otherwise, folks can twist it as H1 rally.

    We will have to explicity state Rally for

    Green Cards for tax paying professionals !

    What do you all think ? - Do u think we can mobilise folks for this saturday ?

    We need to keep the momentum high in public than in Blogs and IV site,.

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  • Macaca
    01-18 10:56 AM

    Shame on you if a member plans to contribute $2700 and you have contributed less then 10% (= $270). You are benefiting equally.


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  • singhsa3
    03-04 12:16 PM
    Those were different times. Try taking mortgage now on your EAD.
    Here are my particulars:
    Family income: Almost 4-5 times per capital GDP
    Job type: Stable
    Credit score : Excellent
    Highest education: MBA
    Willing to put downpayment: Yes, required 20%
    Mortgage application: Rejected as EAD is valid for only one year.

    Now you tell me what should I do...

    I was 37 years old when I arrived on H1b in 1999, I had owned properties back home and I had a fair amount of equity.

    In 1999 my wife and I could see the Southern California real estate market was growing. Our initial idea had been to rent for 6 months, and get to know the area, then decided where we wanted to buy. My employer applied for H1b in November 1998 and it was approved in May 1999. We came over in January 1999 to look for property to rent but also with a view to maybe purchase.

    Within 2 weeks of my H1b approval my wife and I came over and because of the property price increases since we began looking at the market we felt renting was going to be dead money and we need to buy for economical reasons.

    So in June 1999 we purchased a 1,950 sqft house for $280,000.

    In September 2003 we sold that house for $535,000.

    Using the increased equity my wife who is H4 chose another house (as she couldn’t work it was important to me that she be happy in the house). The next house we purchased was 4,550sqft, and in December 2003 it cost $835,000.

    I know the market for real estate is shrinking, but according to Zillow.com this morning the property is valued around $1,230,000 albeit was worth considerably more a year ago.

    I’m not looking to brag, I am sharing my experience.

    1 my wife and kids were on H4 they needed a home to be happy in.
    2 it made economic sense to buy
    3 we got the right funding
    4 had we waited for GC we could never have afforded the home we currently live in.

    The timing of immigration approvals had no bearing on whether I decided to purchase property.

    good luck to all

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  • cloud 9
    07-27 09:26 AM
    Trust/Reliability and Desi Consulting companies are oxymorons.

    About SRG America: Do google search for SRG America. Looks like a fraud company.


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  • nirenjoshi
    03-09 12:33 PM
    China EB3 moved from Oct 02 to Mar 03. In the Jan bulletin, China EB3 was at Jun 02!

    India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!

    China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.

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  • krishna.ahd
    01-30 01:21 PM
    Unpaid bench means you are "Out of Status". Not illegal.

    When you are present in the country after your I-94 has expired, then you are illegal.

    There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.

    Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.

    If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)

    About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
    Very well said locilife (about the things guaranteed in life)
    Double (triple??) check about the desi consulting compnay and their ability to get you the project.

    Good Luck.
    "When the going gets tough, the tough gets going"

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  • pappu
    01-16 06:14 PM
    Guys please post any websites/forum where we can post our message.I will post it.I have already done in many websites but missed a few that are non-english.
    Thanks. could you try yahoo, google and msn groups on immigration too.
    when you type these words you will see several such forum names. Select the ones with more membership and become a member. Thgen post messages. Emails sent in these forums go to each member.

    others, pls suggest more websites and help in posting IV messages on them.

    07-13 12:05 PM
    Read this thread and understand what Q, GC Perm and Teddy are saying.
    We still have 10K FU/FD visas to go. So in sep the dates should move to June - July 2006.
    The can even extend to sep 2006 to capture all visas and move it back to June 2006.

    Go and read that rather then guessing

    Buddy...what do you mean source please...scroll up and look for an attachment. Use it.

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    uhhh, look at the post in the very first part of the thread i set up this (%0Ahttp://www.gamedev.net/community/fo...topic_id=202348) link for a list of a bunch of 3d programs varying from free to over 5k

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