deecha
07-20 02:41 AM
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 !
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 !
wallpaper 2002 Nissan Sentra SE-R
viper1400
03-08 09:22 PM
Guys,
Bear my ignorance but what is FOIA? and What are we planning to do with the fund collected for FOIA?
Bear my ignorance but what is FOIA? and What are we planning to do with the fund collected for FOIA?
unitednations
02-04 11:01 PM
No one here takes advantage of any group. We are talking here is what law says and how it is implemented by various agencies. The problem is there is doubt that DOS has not understood the law. No one is against ROW and loves India and China. US immigration simply based on preference catagories. For example, wife of U.S citzen will be given first preference in immigration (FB1) compare to brothers and sisters of US permanent residents (FB4or5). This is the law.
Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.
After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.
The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.
If you read word by word of AC21 rule ..you will understand what I am saying.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter
My intension is simple.
Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.
How do you come to these conclusions what congress intended. AC21's main provisions were to recapture unused visas for certain years; extend h-1b beyond six years; allow someone to change a job after 485 pending for more then six months; allow unused visas to be allocated to oversubscribed countries on a quarterly basis rather then in the fourth quarter.
Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.
However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.
In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.
Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.
In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.
If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.
Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.
After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.
The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.
If you read word by word of AC21 rule ..you will understand what I am saying.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter
My intension is simple.
Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.
How do you come to these conclusions what congress intended. AC21's main provisions were to recapture unused visas for certain years; extend h-1b beyond six years; allow someone to change a job after 485 pending for more then six months; allow unused visas to be allocated to oversubscribed countries on a quarterly basis rather then in the fourth quarter.
Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.
However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.
In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.
Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.
In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.
If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.
2011 2002 Nissan Sentra GXE, BLACK
axp817
03-09 10:35 AM
Itsnotfunny,
I am okay with both options, whichever meets consensus.
If we do it the non-IV route, then I think I agree with Malibuguy007, freeloaders don't deserve shit.
I am okay with both options, whichever meets consensus.
If we do it the non-IV route, then I think I agree with Malibuguy007, freeloaders don't deserve shit.
more...
ItIsNotFunny
03-09 03:05 PM
Pledged $25, donated $50
Special respect from me too!
Special respect from me too!
senthil1
08-12 08:06 PM
That is the way green card processing works if they follow rules. The perm process is to test any candidates are available for the position. If they find a qualified person then that position will not be available. But still the company can process GC for another position if they are willing. Most companies used try to reject all the candidates to get a green card for a H1b person. But recession made the things worse. To change the situation either economy need to improve or Change the green card process. One of the option is change to point system with increase of Annual cap. That will take away the control from employers and chance of explotation is less. But point system got a negative response from Lawyers and employers.
Hydeboy is right.
My american employer rejected to file PERM after ads are posted. They were supposed to befiling in EB3 and they said they found candidates so they are not going to file green card...I am totally depressed..This is the true picture in almost all american companies. BEWARE of green card.
Hydeboy is right.
My american employer rejected to file PERM after ads are posted. They were supposed to befiling in EB3 and they said they found candidates so they are not going to file green card...I am totally depressed..This is the true picture in almost all american companies. BEWARE of green card.
more...
gcdesirer
08-20 11:05 AM
I saw a couple of cases from 2003 updating their status yesterday in EB2 India Texas..... in
Just sharing info...
I was trying to figure out all these greens and reds... How does one get them.... and the mouse on the green squares to the right say stuff like "distinguished road", "Aura", "jewel on the rough" etc... what does this mean?
And the circular green light next to name means "I am online now" right???
Just sharing info...
I was trying to figure out all these greens and reds... How does one get them.... and the mouse on the green squares to the right say stuff like "distinguished road", "Aura", "jewel on the rough" etc... what does this mean?
And the circular green light next to name means "I am online now" right???
2010 Nissan Sentra 2002 Black
gauravsh
08-12 05:44 PM
Everybody's case is different, when it comes to how they feel being a in a foreign country and hanging by a thread to get a stable status and stable life. You seem to have gotten a stable job which probably means you are better than most of the people who are working as contractors. But what matters is being on Visa, are you able to enjoy your life here? Will getting a GC help you have a better life or will you continue to lead the same life?
I think if you believe getting a GC will help you lead a better life you should stay here - since your i140 is cleared its another 4-5 yrs wait max. On the other hand if your job here is unstable and you think you will have a better life back home, then you should move. Bangalore is a great city as long as you have a comfortable job and good pay.
Thanks man. My decision was mainly based on the waiting period. Within 4-5 years I can get ultimate post based on my experiance at india but here I have to be in same role.
Also I am trying to start my own IT training firm there so with gods on my side in 4-5 years that company can grow to a mid size firm.
I think if you believe getting a GC will help you lead a better life you should stay here - since your i140 is cleared its another 4-5 yrs wait max. On the other hand if your job here is unstable and you think you will have a better life back home, then you should move. Bangalore is a great city as long as you have a comfortable job and good pay.
Thanks man. My decision was mainly based on the waiting period. Within 4-5 years I can get ultimate post based on my experiance at india but here I have to be in same role.
Also I am trying to start my own IT training firm there so with gods on my side in 4-5 years that company can grow to a mid size firm.
more...
kshitijnt
05-10 03:52 PM
Dont shoot in the dark without knowing the facts.
hair 2002 Nissan Sentra SE-R Spec V
SunnySurya
08-21 04:52 PM
I don't know if the memo thing is correct or not but I did call NSC using POJ method and I was told not to expect anything before Oct 1st.
Funny...fake
In charlotte, Biometrics office is totally different location from local USCIS office. Biometric guys, only look at your receipt and take biometrics...
Funny...fake
In charlotte, Biometrics office is totally different location from local USCIS office. Biometric guys, only look at your receipt and take biometrics...
more...
vselvam
12-19 06:30 PM
Contributed $20. Thks.
hot Socal : FS: 2002 Nissan Sentra
Rajeev
07-17 09:46 PM
A big thank you to pappu and other core members. We are proud of you. :)
more...
house 2002 Nissan Sentra Se-r Spec -
ras
05-10 04:18 PM
Here comes this potatoeater asking for another division based on substitution labor folks and non-substitution folks.
tattoo NISSAN SENTRA 2000-2002 BLACK
kvrr1116
03-07 09:14 PM
Sent $100,00 for FOIA using Paypal.
Transaction ID: 9VX874651W167245C
Transaction ID: 9VX874651W167245C
more...
pictures Nissan Sentra 2001 Black.
EndlessWait
07-20 11:22 AM
anways..dont worry..i've read some place on murthy/khanna's site..once u reenter the country all your previous "out of status" become mute.
so u should be fine..
so u should be fine..
dresses 2002 Nissan Sentra SE-R Spec V
thomachan72
06-17 07:24 PM
I have a problem where my "Given Name" is entered as "<first name> <last name>" in my passport (India). The "Surname" is left blank. I have been in the US for 7 years now and it has never been a problem so far. I usually enter the "<last name>" in the last name column on all documents. I wonder if this will cause problems during the I485 name check stage. Any one here who can throw some light on this issue?
I realize that the question is a little weird, I appreciate any response.
Thanks
Any question reg GC filing is not wierd. None of us are experts, however, as a whole this body is a wealth of information. There will be many who have this / similar problems and will provide answers. My wife also has this issue in the passport. We are not yet at the 485 stage, however, information would help. We can easily change the name via the Indian embassy but in your case that might be late. Hope somebody puts in information.
I realize that the question is a little weird, I appreciate any response.
Thanks
Any question reg GC filing is not wierd. None of us are experts, however, as a whole this body is a wealth of information. There will be many who have this / similar problems and will provide answers. My wife also has this issue in the passport. We are not yet at the 485 stage, however, information would help. We can easily change the name via the Indian embassy but in your case that might be late. Hope somebody puts in information.
more...
makeup 2002 Nissan Sentra GXE
knnmbd
04-27 02:58 PM
Six years in US complete
Previous employer cheated by not filing GC
So need to change employer for filing GC
EB-3
I-140 approved with current employer
Not able to file I-485 because of retrogression
Wife not able to work
Moving around for jobs with family
Cheating Employer
Frustation with H1B Extension and stamping
Not able to Plan to go to India because of Interview dates
Not able to plan on good school Child's education
Not able to spend more money on good health insurance
Lot of time and money spent on H1B Extension and stamping
Signing short term lease for Apt's and moving around
Drivers license based on H1B papers
No benefits like 401K etc with small employers
Sick with the current employer
Hey, you just put the entire GC process in a nutshell. I understand a lot of folks are in the same situation, but I think IV is looking for stories that will help us push our case forward. The picture you paint is very morose and depressing (and I sympathizes with you, so please do not get me wrong) and we hope that this whole situation that all of us are in turns out to be a bad nightmare and we wake up to see some hope again.
Ragz4u:
Have you tried contacting post-docs (usually EB1 or EB2 NIW, non-IT folks) at universities pursuing research who are affected by retrogression. I think you can find a lot of people on the IIT forums that float around the web. I am sure we can find really successful(well almost) with sorry stories and restrained in career advancement due to EB retrogression.
Previous employer cheated by not filing GC
So need to change employer for filing GC
EB-3
I-140 approved with current employer
Not able to file I-485 because of retrogression
Wife not able to work
Moving around for jobs with family
Cheating Employer
Frustation with H1B Extension and stamping
Not able to Plan to go to India because of Interview dates
Not able to plan on good school Child's education
Not able to spend more money on good health insurance
Lot of time and money spent on H1B Extension and stamping
Signing short term lease for Apt's and moving around
Drivers license based on H1B papers
No benefits like 401K etc with small employers
Sick with the current employer
Hey, you just put the entire GC process in a nutshell. I understand a lot of folks are in the same situation, but I think IV is looking for stories that will help us push our case forward. The picture you paint is very morose and depressing (and I sympathizes with you, so please do not get me wrong) and we hope that this whole situation that all of us are in turns out to be a bad nightmare and we wake up to see some hope again.
Ragz4u:
Have you tried contacting post-docs (usually EB1 or EB2 NIW, non-IT folks) at universities pursuing research who are affected by retrogression. I think you can find a lot of people on the IIT forums that float around the web. I am sure we can find really successful(well almost) with sorry stories and restrained in career advancement due to EB retrogression.
girlfriend 2002 Nissan Sentra GXE
stevestamps
07-17 08:41 PM
Thank you IV Core Team
hairstyles Nissan Sentra 2004 Black.
chanduy9
07-06 12:46 PM
Can we hit the magic 3 figures????
I think it is gonna be a slow hit...
Guys help your self by sending the flowers....
Thanks,
Chandra.
I think it is gonna be a slow hit...
Guys help your self by sending the flowers....
Thanks,
Chandra.
avij23
07-17 10:43 PM
Today I got to know about this site and the great job 12 Indians are accomplishing. Kudos to you all....GREAT WORK! JAI HIND!!!
coolmanasip
08-22 02:32 PM
:DWhy are u late to the party man?:D All the booze is gone...:D:D
Awasome comment......all Booze is gone and everyone is lateral hahahahahaha.....sky looks full of GC stars hahahahaha......:D
Awasome comment......all Booze is gone and everyone is lateral hahahahahaha.....sky looks full of GC stars hahahahaha......:D