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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.
#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 ?
From february 2004 (expiry date of i-94 card) until april 1994 it looks like you accrued unlawful presence. The unlawful presence stopped when you filed the 485.
The unlawful presence was wiped out when you left and re-entered usa (the 3 year bar didn't kick in because the unlawful presence was less then 180 days).
You will be fine.
Just be truthful that you filed 485 before; you had divorce and all the employers that you worked with. Only thing they can get you on is if you try to embelish or hide things even though they were forgiven when you left and re-entered.
Doesn't matter whether it is $10 or $50 or $100. Please be generous and contribute.
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You know who is real burden, thats H4 visa holders like you. who have nothing to do. they just sit home eat and fight.
you are a classic example of burden to the society.. you are spending all the time here and fighting with everyone.
if anyone starts talking about anything, you just come and start fighting.
Wonder full now EB2 is against H4 visa also beside BE3 ?
Secondly, Beating the dead horse again, Thunderbolt should go to cops and give evidence of child abuse asap.
In terms of risking the case of hiring illegal for a job by going to the cops in my mind is a non issue. Because, he is exposed to that risk with or without going to cops himself. What if Nanny gets caught working illegal in some other home and she gives all names she worked for including thunderbolt. He has done a mistake and he should hire best attorney to plead that case if it ever comes up either by him reporting child abuse or some other way.
Now the other thing to worry is FP notice...mine is beyond 15 months and I am sure many are in the same boat....so the wait is longer.....FP and then again NC/BC.....what the &*#$
This is insane....on one hand USCIS is saying it will be decades b4 ppl on EB2 and EB3 (I) will get approved and so ppl will just keep on doing biometrics /apply EAD/AP so added revenue model for USCIS
One of the main reason why Obama enjoys high rating - Republican party sucks. Who is making Republican party look bad - Republicans. The best response to Obama is not to pitch twisted Jindal against Obama, because that just makes Obama look good and it help Democrats. The better response to Obama is, let Obama respond against Obama. So simply don't respond to Obama, which will prevent Republicans making him look good. And like every politician, Obama will commit mistakes, which will cause the demise of Democrats. Its that simple. So what do we learn from this?
Obama enjoys a high rating because of the cyclical nature of US political landscape. To understand the current political situation, a trip down history lane is important. Historically for the last 300 odd years, the country has two broad sections, believing in almost diametrically opposite philosophies. Federalists and Democratic-Republicans. Federalists believed in a strong central government whereas the Republicans believe in more power to the people and believed in self-regulation. Over the years, the tone/tenor of these parties have changed but the core beliefs have remained the same. Liberal Vs Conservatism, Tax cuts Vs Spending, Giving benefits to the comman man Vs giving benefits to small busineses who in turn will help the common man.
Obama's future success lies in how much he can pull the democratic agenda of 'helping 95 % of people who are middle class', building educational infrastructure, taxing businesses while spending to help the 'common' man, reforming healthcare while keeping deficit within acceptable limits ($500 billion maybe perfectly acceptable). A certain section of the republican party (read Bush+Cheney and gang) caused the republicans to take huge losses and gave Obama the boost. Tomorrow it can be Reid+Pelosi+Clinton who can cause the downfall of the democrats by over-doing the 'welfare' agenda. Thus I called it cyclical.
Yes, we can learn from our surroundings. But it is a little bit more complicated than what meets the eye.
BTW: I am neither challenging you nor calling you names. Just gave my 2 cents.
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Now I think some major clarifications are needed here. The Receipt Date (RD) that is printed on the I-485 receipt is the date whenever queuing according to RD is needed. This is THE date wherever a FIFO is required and is as assigned as soon as the envelope containing the I-485 is received.
The ND only represents the date data-entry is made. This is the date which is mentioned erroneously as "received date" on the USCIS online system. Now this thing has been mentioned at USCIS liaison meetings by center directors and thro' AILA several times (I will post the reference as soon as I find it).
That said whenever I talked to NSC officers (not the National Customer SC non-officers or regional call center IIO's or Infopass ignoramuses) ..officers who personally were aware of the going on's at the service center they said the Notice date does not carry any value for case adjudication priorities and the CLAIMS 3 systems only sequences (or sweeps as they call it) as per the PD and RD (when needed).
Further, since I see all the notes made for my approved I-485 (thro' FOIA) including the worksheet completed by contractors. I clearly do not see any notations mentioned with reference to the ND on it...
That said, for the OP, since your RD is very close to the "official" processing date there are all chances that your application might have already gone under the eyes of a CAO (Center Adjudication Officer). Call NSC directly and ask since you are so close and especially since your date is going current next month....you want to make sure that your file is either pre-adjudicated OR assigned to an officer.
If your "real" receive date (what you see online as "your case was received on...") is within the published processing dates for your service center, and your case is straight forward, most likely it is preadjudicated. In that case, as their SOP says, they put them in PD order in waiting for the visa. See the SOP below (which is a bit out of date). You are pretty high in PD seniority. you should get a good news soon. Best of luck.
Oh I forgot ! This forum is used to slow processing ...let it be GC or Contribution..... doesn't surprises me..... Our fraternity is used to slow things just like GC .... come guys /gals ..... show some speed....
Finally i think we may reach 50%.... I swear as soon as somebody confirms me that we have reached $29,500 figure I will put $500 and another $500 when we reach $59,500.....
Keep it going guys ... I am bit positive for the halfway mark..... but don't think that the full way mark Miracle will happen.....
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Before creating further rifts first fill in your profile and then blabber...
US will do what US has to do for the benefit of US. Sentiments do not have any scope here and politics is well politics.
I disagree that there is any potential for freedom for everyone. You are short sighted and looking at a short term scenario. Things never go according to a plan trust an and you are asking me this plan when you yourselves cannot confirm if it will work for everyone.
Yes i have EAD but EB2 will get GC and i will still be stuck on EAD. So the bottom line is GC and in that EB2 has everything sewed up. Now why would EB2 need additional 50 K visas. They should be allocated from bottom to top approach
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I have Singapore Permanent Resident. Am I eligible to apply for H-1B1 Singapore visa?
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And I expect people here to have enough integrity to let us (ROW) know if they intend to pursue the interests of the oversubscribed countries only, at the expense of the interests of the ROW.
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.
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Take it easy dude. Lets put it this way, do you know that 22K visas were USED? If yes, quote that.
For me as one, I do NOT think 22K visas were used up in 21 calender days(ie approx 15 working days).
As for as vld..is concerned, I wanted his input cause his GUESS seemed to be pretty accurate as the thing were going. So to say, chill.
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"when can we expect our application processing?"
"Did we clear our FBI Name check process?
Please suggest us questions that are helpful to determine and help our application status.
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Yeah i agree. How about FLOWER campaign for Zoe, and donations to the IV Core?