gcwant
07-20 03:55 PM
thanks guys
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americandesi
08-16 01:41 PM
I personally think that 6 month rule-of-thumb is nonsense.
AC21 clearly states you can switch employers 6 months after your green card application has been pending. On what legal basis could USCIS then come back and deny citizenship to anyone for switching employers too soon after getting their green card?
I'd really be interested to hear if someone has specific knowledge of a case where someone had their citizenship denied due to switching companies too soon after getting their green card.
Refer http://www.murthy.com/pr_thngs.html and search for the following
"It is also important to understand that the green card approval will be reviewed at the time of the naturalization interview. For employment-based cases, this means inquiries into how long the individual worked for the employer after obtaining the green card. If the period is extremely short, there may be questions about the bona fide nature of the green card process."
As "a_yaja" said, "AC21 applies only if your GC has not been approved. You cannont invoke AC21 after your GC has been approved."
AC21 clearly states you can switch employers 6 months after your green card application has been pending. On what legal basis could USCIS then come back and deny citizenship to anyone for switching employers too soon after getting their green card?
I'd really be interested to hear if someone has specific knowledge of a case where someone had their citizenship denied due to switching companies too soon after getting their green card.
Refer http://www.murthy.com/pr_thngs.html and search for the following
"It is also important to understand that the green card approval will be reviewed at the time of the naturalization interview. For employment-based cases, this means inquiries into how long the individual worked for the employer after obtaining the green card. If the period is extremely short, there may be questions about the bona fide nature of the green card process."
As "a_yaja" said, "AC21 applies only if your GC has not been approved. You cannont invoke AC21 after your GC has been approved."
axp817
06-09 06:41 PM
I have lived in Nevada before. I think in that state and many other western states (where guns laws are more liberal) you have to have passport, I-94 and utility bills proving you have lived in NV for 6 months. That's it. You don't need hunting license to get a gun license.
Here is the biggest irony:
IN order to own a gun, FBI needs only 2 days to check your background.
IN order to get 485 approved, FBI takes months or years to do a background check.
I guess green-card is a more lethal weapon than a handgun.
There are federal firearm laws and then there are local (state) firearm laws.
State laws can be more restrictive than federal laws (atleast when it comes to firearms), but never less restrictive.
Federal law states that non-immigrants (even AOS) are prohibited from owning firearms unless they fall under one of 4 exceptions, the easiest one being the hunting license exception.
If you have a valid hunting license, issued anywhere in the United States (you could live in NV and have a hunting license from NY) you are okay on the Federal level.
After you have met that exception, you have to check and see if your state has additional restrictions.
Some states don't discriminate between citizens/non citizens when it comes to firearms, some do.
e.g. in MA, non-citizens (even GC holders) are only allowed to own non large capacity rifles and shotguns, which means no handguns, and no large capacity rifles (ARs, AKs and the like).
Logiclife, yes, there are some cases where a non-immigrant accidentally manages to bypass the hunting license requirement. This can happen in states which issue their own non-citizen permits. The applicant gets the 'non-citizen' permit and thinks that he/she has done their part and is now okay to purchase/possess a firearm. This is somewhat of a loophole that every non-immigrant buyer should be wary of and absolutely avoid. Sometimes the NICS background people can also approve the transaction without realizing the non-immigrant situation, but that doesn't mean its okay, I have confirmed this with the ATF on the phone.
Getting a hunting license is not difficult though, passing a simple hunter safety course is all that is required.
That being said, I am very pleased to find responsible and safe firearms enthusiasts on this forum.
And the person that asked the OP if he was inquiring about firearm laws because he wanted to kill someone, I hope you were joking. If you weren't, your ignorance disgusts me.
Here is the biggest irony:
IN order to own a gun, FBI needs only 2 days to check your background.
IN order to get 485 approved, FBI takes months or years to do a background check.
I guess green-card is a more lethal weapon than a handgun.
There are federal firearm laws and then there are local (state) firearm laws.
State laws can be more restrictive than federal laws (atleast when it comes to firearms), but never less restrictive.
Federal law states that non-immigrants (even AOS) are prohibited from owning firearms unless they fall under one of 4 exceptions, the easiest one being the hunting license exception.
If you have a valid hunting license, issued anywhere in the United States (you could live in NV and have a hunting license from NY) you are okay on the Federal level.
After you have met that exception, you have to check and see if your state has additional restrictions.
Some states don't discriminate between citizens/non citizens when it comes to firearms, some do.
e.g. in MA, non-citizens (even GC holders) are only allowed to own non large capacity rifles and shotguns, which means no handguns, and no large capacity rifles (ARs, AKs and the like).
Logiclife, yes, there are some cases where a non-immigrant accidentally manages to bypass the hunting license requirement. This can happen in states which issue their own non-citizen permits. The applicant gets the 'non-citizen' permit and thinks that he/she has done their part and is now okay to purchase/possess a firearm. This is somewhat of a loophole that every non-immigrant buyer should be wary of and absolutely avoid. Sometimes the NICS background people can also approve the transaction without realizing the non-immigrant situation, but that doesn't mean its okay, I have confirmed this with the ATF on the phone.
Getting a hunting license is not difficult though, passing a simple hunter safety course is all that is required.
That being said, I am very pleased to find responsible and safe firearms enthusiasts on this forum.
And the person that asked the OP if he was inquiring about firearm laws because he wanted to kill someone, I hope you were joking. If you weren't, your ignorance disgusts me.
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LostInGCProcess
09-05 03:06 PM
If AOS takes many years, then keep the non-immigrant visa, so that no need to worry about AP.
You are suggesting how to avoid it rather then try to acknowledge that there is a problem in the wording of AP. By problem, I meant the whole dynamics has changes over the years, so, its time they change to reflect today's reality.
There may not be everyone who would continue to be on H1 while their AOS is pending.
You are suggesting how to avoid it rather then try to acknowledge that there is a problem in the wording of AP. By problem, I meant the whole dynamics has changes over the years, so, its time they change to reflect today's reality.
There may not be everyone who would continue to be on H1 while their AOS is pending.
more...
jungalee43
09-22 06:21 PM
I've started calling and made first call to the chairman's office. I told the man that I'd called to express my grattitude and thank the chairman. Then I requested the chairman to take a yes/no vote on this bill and to take the bill to its logical conclusion, at least in the Jud Committee.
Please remember, "thank you" packs awesome power and all members should convery their thanks to the chairman and request a vote on the bill for logical conclusion.
I have not finished calling yet and I will update the poll only after I have made all the calls. From this thread it looks like the hearing is on 24th. If that is the case I will make the calls tomorrow so that I could actually talk to someone.
i checked again, the hearing is tomorrow i.e on 23rd itself. I got to make calls.
Please remember, "thank you" packs awesome power and all members should convery their thanks to the chairman and request a vote on the bill for logical conclusion.
I have not finished calling yet and I will update the poll only after I have made all the calls. From this thread it looks like the hearing is on 24th. If that is the case I will make the calls tomorrow so that I could actually talk to someone.
i checked again, the hearing is tomorrow i.e on 23rd itself. I got to make calls.
Macaca
06-15 08:31 PM
DOS allocates GC numbers to USCIS adjustment cases only as the point of approval is reached. DOS can set/move/retrogress PD based on info provided by USCIS about number of cases at point of approval.
USCIS is not able to provide a good estimate of this number because
it can not calculate this number based on USCISs workload, and
it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.
The following are from page 35 and beginning of page 36
The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.
USCIS is not able to provide a good estimate of this number because
it can not calculate this number based on USCISs workload, and
it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.
The following are from page 35 and beginning of page 36
The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.
more...
chanduv23
10-09 04:21 PM
^^^^^^^^^^^^^^
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ragz4u
01-23 01:58 PM
Hi guys, I just contributed $50. Will be contributing more in the next few weeks. I also want to volunteer in other group efforts. Let me know how I can help. I live in IL.
In addition to that we are currently in the process of creating local teams for every state. You can volunteer to create a team for the state of Illinois. Are you willing to do so?
In addition to that we are currently in the process of creating local teams for every state. You can volunteer to create a team for the state of Illinois. Are you willing to do so?
more...
dilipb
06-23 03:52 PM
Dilip,
Thanx for sharing ur experience. Could u pls lemme know the documents that u mailed along with the I-765 renewal form? As per the instructions form what we need to mail to the Service center is:
1. Filled I-765 form (latest)
2. Copy of existing EAD card(front and back)
3. Check for $ 340 (for ppl who filed for EAD b4 July 30 -2007) in favour of US Dept of homeland security
4. Copy of I-485 receipt
5. 2 Photos with specifications as mentioned in the instructions form
***If one is self-paper filing its not necessary to do FP***
Am I missing something? If so, pls let us know.
I'm about to file my EAD extension and will be filling up the form in a day or two. I'll email u if I have any questions on what to fill. But in the mean time, pls confirm if the required documentation is correct :).
Thanks,
Buddy in SFO
You are absolutely correct, u did not miss anything.
- fill the complete i765 form, dont forget to sign
- copy of 485 receipt
- front and back of current EAD card
- 2 photos (make sure to write A# and name at the back using a pencil)
- check payable to US department of homeland security
- file it correctly to the right service center (dont worry if the address is different than what u filed last time)
- nothing else (since its a adjustment of status case, there is even NO need of i94)
- Just make sure A numbers are written properly everywhere.
Thanx for sharing ur experience. Could u pls lemme know the documents that u mailed along with the I-765 renewal form? As per the instructions form what we need to mail to the Service center is:
1. Filled I-765 form (latest)
2. Copy of existing EAD card(front and back)
3. Check for $ 340 (for ppl who filed for EAD b4 July 30 -2007) in favour of US Dept of homeland security
4. Copy of I-485 receipt
5. 2 Photos with specifications as mentioned in the instructions form
***If one is self-paper filing its not necessary to do FP***
Am I missing something? If so, pls let us know.
I'm about to file my EAD extension and will be filling up the form in a day or two. I'll email u if I have any questions on what to fill. But in the mean time, pls confirm if the required documentation is correct :).
Thanks,
Buddy in SFO
You are absolutely correct, u did not miss anything.
- fill the complete i765 form, dont forget to sign
- copy of 485 receipt
- front and back of current EAD card
- 2 photos (make sure to write A# and name at the back using a pencil)
- check payable to US department of homeland security
- file it correctly to the right service center (dont worry if the address is different than what u filed last time)
- nothing else (since its a adjustment of status case, there is even NO need of i94)
- Just make sure A numbers are written properly everywhere.
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snehaledu
04-16 12:26 PM
And the point of this entire thread is?????
Start investing money in India.
r u IV Policeman? Can I see your badge?
Start investing money in India.
r u IV Policeman? Can I see your badge?
more...
singhsa3
08-13 09:16 PM
Macca and I , we breifly spoke on phone, he will be posting the revise fact sheet soon
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pappu
04-02 12:54 PM
So here come the thing. Thats why i asked in my original post is IV just for people who have applied for Green card ? I wanted to know if they could address these issues as well . Regarding inability to work and self esteem , just stay in home for few days and then feel how much you loose. Man , its 21st century and ability to work is basic right.
Please do not misinterpret IV.
If tomorrow there is a bill to stop all H1B from coming to USA or to make life difficult for H1B, do you really think we will keep quiet just because we have filed our greencards?
Do you know IV worked hard for decoupling of H4 time from H1 in 2006 and we thought nothing may happen and started to focus on next action item. Then few months later it was changed. That was the first small step.
I would appreciate if you ask your spouse if she/he can volunteer time for IV. You both can get more involved. Send us an email if you are interested. We are always interested in people who can volunteer more time than us (We do full time jobs too. A couple of us also are enrolled in a part time degree program). We are willing to have such an H4 be a leader in IV.
IV is a platform that will allow you voice your plight. But you will need to come forward and be willing to actively work on it with others. If the strategy is right, you are committed and have right intentions there is no reason why IV will not help.
Please do not misinterpret IV.
If tomorrow there is a bill to stop all H1B from coming to USA or to make life difficult for H1B, do you really think we will keep quiet just because we have filed our greencards?
Do you know IV worked hard for decoupling of H4 time from H1 in 2006 and we thought nothing may happen and started to focus on next action item. Then few months later it was changed. That was the first small step.
I would appreciate if you ask your spouse if she/he can volunteer time for IV. You both can get more involved. Send us an email if you are interested. We are always interested in people who can volunteer more time than us (We do full time jobs too. A couple of us also are enrolled in a part time degree program). We are willing to have such an H4 be a leader in IV.
IV is a platform that will allow you voice your plight. But you will need to come forward and be willing to actively work on it with others. If the strategy is right, you are committed and have right intentions there is no reason why IV will not help.
more...
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StarSun
05-13 09:48 AM
IV encourages members from every state to participate in the advocacy days - meeting with the legislators on both the Senate and House side on June 7th and 8th; with the training being on June 6th.
It is also possible for members who are unable to make it to DC on those days to still be a part of the effort. Please pledge your support by donating for air tickets or hotel stay. Few members have offered their miles to be used for air tickets, and many of our VA, DC, MD members have opened up their homes for out of town IV members. We need more offers to cover all the costs.
Some members are also driving from OH, PA, NJ, NY, NC.... If you could also post on this thread, we can get members to carpool and thereby share costs.
Please make your pledges known either to your state chapter leaders or on this thread, and we will be contacting you on your offers.
Lets make this a successful effort on all fronts.
It is also possible for members who are unable to make it to DC on those days to still be a part of the effort. Please pledge your support by donating for air tickets or hotel stay. Few members have offered their miles to be used for air tickets, and many of our VA, DC, MD members have opened up their homes for out of town IV members. We need more offers to cover all the costs.
Some members are also driving from OH, PA, NJ, NY, NC.... If you could also post on this thread, we can get members to carpool and thereby share costs.
Please make your pledges known either to your state chapter leaders or on this thread, and we will be contacting you on your offers.
Lets make this a successful effort on all fronts.
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vinodp1978
06-28 01:53 PM
This is wrong. EAD can be issued when both of the following conditions MUST meet:
I140 has been approved
I485 application is 180 days old
I140 has been approved
I485 application is 180 days old
more...
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needhelp!
05-07 12:39 PM
---- S wrote:
Hehe.. I agree.. so I decided not to put my head under
any of those caps ;)
--- G wrote:
> K,
>
> Coming to think of it, with all that we are going in
> the US, with H-1B caps, with Green Card country
> caps, > I think staying back in the US, is nothing short of
> bold either..;)..j/k..
>
------- K wrote:
>
> Bold decision, S. Good luck with all your
> future
> endeavors!
>
> K
>
> --- On Sun, 5/4/08, S
>
>
> Hey guys,
>
> I am glad to inform you that we are moving back to
> India this month. I have accepted an offer with <xyzMultinational>
> India Development Center in Hyderabad. Just few days remaining now, so getting very busy winding things up... It's a very exciting time!! :)
>
> Cheers,
> S
Hehe.. I agree.. so I decided not to put my head under
any of those caps ;)
--- G wrote:
> K,
>
> Coming to think of it, with all that we are going in
> the US, with H-1B caps, with Green Card country
> caps, > I think staying back in the US, is nothing short of
> bold either..;)..j/k..
>
------- K wrote:
>
> Bold decision, S. Good luck with all your
> future
> endeavors!
>
> K
>
> --- On Sun, 5/4/08, S
>
>
> Hey guys,
>
> I am glad to inform you that we are moving back to
> India this month. I have accepted an offer with <xyzMultinational>
> India Development Center in Hyderabad. Just few days remaining now, so getting very busy winding things up... It's a very exciting time!! :)
>
> Cheers,
> S
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desidream
07-20 03:32 PM
Guys
Don't worry about this bill being rejected. I am pretty sure one way or the other they need to increase the EB visa number soon, else definetely USCIS will be in big trouble with thousands of applications sitting there for them, now having said that USCIS will find a way to get some bill which will have EB visa count increased passed in congress, so untill then cheer up and complete your filing.:) :) :)
Don't worry about this bill being rejected. I am pretty sure one way or the other they need to increase the EB visa number soon, else definetely USCIS will be in big trouble with thousands of applications sitting there for them, now having said that USCIS will find a way to get some bill which will have EB visa count increased passed in congress, so untill then cheer up and complete your filing.:) :) :)
more...
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hpandey
05-02 11:17 AM
Two of my friends relocated to India since the beginning of this year after spending 8-9 years and they had green cards too from 2004.
These guys had good jobs with a good pay but options in India were just much better to ignore.
Just food for thought for people who think that only in US can we make or break our life and careers. There are other places on Earth too where people live and be happy.
These guys had good jobs with a good pay but options in India were just much better to ignore.
Just food for thought for people who think that only in US can we make or break our life and careers. There are other places on Earth too where people live and be happy.
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prem_goel
08-03 07:53 PM
I don't think there is any way of knowing if your case is pre-adjudicated. The only way you will come to know is if you receive an RFE or an interview appointment.
Although officially so far, USCIS has not branded an I-485 status as "pre-adjudicated", if you haven't received any RFE and/or any other negative status about your 485, and if your case is outside the processing dates of the Service Center, then obviously dude your case is pre-adjudicated. I don't understand why most of the people are ignoring this simple fact. I think we need to stop consider USCIS a mystery box, and start treating it like an organization that processes the applications in a structured way.
I tend to believe that the offical status of being "pre-adjudicated" is coming soon. A few months back I read that USCIS is considering publishing another set of date known as "Qualifying Date" in their monthly visa bulletin. That date will define if you are "qualified" to file I-485. They will determine this date based on their workload. The idea behind is to avoid another July 2007 fiasco. They intend to process the 485's early rather than have you wait for your PD to become current. That way they will manage their workload efficiently and avoid visa wastage. They did indicate these applications to be pre-adjudicated then. I am guessing the official status of "pre-adjudicated" on your 485 application is coming soon.
Although officially so far, USCIS has not branded an I-485 status as "pre-adjudicated", if you haven't received any RFE and/or any other negative status about your 485, and if your case is outside the processing dates of the Service Center, then obviously dude your case is pre-adjudicated. I don't understand why most of the people are ignoring this simple fact. I think we need to stop consider USCIS a mystery box, and start treating it like an organization that processes the applications in a structured way.
I tend to believe that the offical status of being "pre-adjudicated" is coming soon. A few months back I read that USCIS is considering publishing another set of date known as "Qualifying Date" in their monthly visa bulletin. That date will define if you are "qualified" to file I-485. They will determine this date based on their workload. The idea behind is to avoid another July 2007 fiasco. They intend to process the 485's early rather than have you wait for your PD to become current. That way they will manage their workload efficiently and avoid visa wastage. They did indicate these applications to be pre-adjudicated then. I am guessing the official status of "pre-adjudicated" on your 485 application is coming soon.
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waitingnwaiting
05-31 09:04 AM
Anything for EB relief ? I dont see a content in the bill language.
It recaptures 20 thousand visa numbers
It recaptures 20 thousand visa numbers
rsharma
07-03 01:45 PM
Thanks lazcis. I would like to know if a person who has H1 valid until jan 1, 2009, files for AOS on oct 5, 2008 and then goes out of the country in Dec 08 and get paroled into the U.S as "AOS" in his/her I-94, using AP. What happens to this person...is he/she still deportable even though that person is now officially on AOS.
Gurus, please comment as I am sure there are a few of us in this category.
I am not a lawyer and not a guru. However I am stating my understanding from this new memo.
Based on the example Sunny has provided, this person will be under parolee status till (whichever occurs earlier)
1. End of the date mentioned in the I94 when peroled in to US.
OR
2. Decision is made on his/her I485 petition.
From then onwards he will be deportable if his/her I485 is denied. Then his illegal presence will be counted from the next day of either 1 or 2 (mentioned above) whichever occured first.
Gurus, please comment as I am sure there are a few of us in this category.
I am not a lawyer and not a guru. However I am stating my understanding from this new memo.
Based on the example Sunny has provided, this person will be under parolee status till (whichever occurs earlier)
1. End of the date mentioned in the I94 when peroled in to US.
OR
2. Decision is made on his/her I485 petition.
From then onwards he will be deportable if his/her I485 is denied. Then his illegal presence will be counted from the next day of either 1 or 2 (mentioned above) whichever occured first.
RDB
08-03 08:01 PM
True - that's exactly what the Adjudicating Officer told me today when I went in for the Interview :)......They want to avoid another July 2007.
So, for efficiency, they are just pre-adjudicating some of the applications; so that, they don't get overwhelmed when dates move forward - they simply have to press the button for 'Card production ordered' message!
In fact, the officer told me that he has 'approved' my application and will have to just wait for the dates to become current to get the actual plastic - also for fyi.....they can also deny the application instantly or request more evidence or call for a follow up interview. They actually give you a letter indicating what happened during the interview (it obviously doesn't say your application is approved - but it will explicitly say whether your application needs a follow up interview or additional evidence).
Although officially so far, USCIS has not branded an I-485 status as "pre-adjudicated", if you haven't received any RFE and/or any other negative status about your 485, and if your case is outside the processing dates of the Service Center, then obviously dude your case is pre-adjudicated.
I tend to believe that the offical status of being "pre-adjudicated" is coming soon. A few months back I read that USCIS is considering publishing another set of date known as "Qualifying Date" in their monthly visa bulletin. That date will define if you are "qualified" to file I-485. They will determine this date based on their workload. The idea behind is to avoid another July 2007 fiasco. They intend to process the 485's early rather than have you wait for your PD to become current. That way they will manage their workload efficiently and avoid visa wastage. They did indicate these applications to be pre-adjudicated then. I am guessing the official status of "pre-adjudicated" on your 485 application is coming soon.
So, for efficiency, they are just pre-adjudicating some of the applications; so that, they don't get overwhelmed when dates move forward - they simply have to press the button for 'Card production ordered' message!
In fact, the officer told me that he has 'approved' my application and will have to just wait for the dates to become current to get the actual plastic - also for fyi.....they can also deny the application instantly or request more evidence or call for a follow up interview. They actually give you a letter indicating what happened during the interview (it obviously doesn't say your application is approved - but it will explicitly say whether your application needs a follow up interview or additional evidence).
Although officially so far, USCIS has not branded an I-485 status as "pre-adjudicated", if you haven't received any RFE and/or any other negative status about your 485, and if your case is outside the processing dates of the Service Center, then obviously dude your case is pre-adjudicated.
I tend to believe that the offical status of being "pre-adjudicated" is coming soon. A few months back I read that USCIS is considering publishing another set of date known as "Qualifying Date" in their monthly visa bulletin. That date will define if you are "qualified" to file I-485. They will determine this date based on their workload. The idea behind is to avoid another July 2007 fiasco. They intend to process the 485's early rather than have you wait for your PD to become current. That way they will manage their workload efficiently and avoid visa wastage. They did indicate these applications to be pre-adjudicated then. I am guessing the official status of "pre-adjudicated" on your 485 application is coming soon.
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