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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #151 (permalink)  
Old 07-10-2009, 02:50 PM
Donor
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/14/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Jun 2007
Posts: 997
gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of
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bluekayal,

Could you give a brief of your history ( about your unemployment etc). Searched your old posts couldn't find any.
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  #152 (permalink)  
Old 07-10-2009, 02:59 PM
Junior Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 12
murugesh.naidu@gmail.com is on a distinguished road
Smile Stop guessing..get the facts

Become a donor and get the facts...I became one too...what they have is crystal clear response from USCIS that stops the buck! I think the outreach and recognition IV has into USCIS is clearly demonstrated by this response and speaks for itself on the efforts put in by IV. Donating money is not in most of our blood..but think of it like a service that you are purchasing...and its worth it so far for me!
__________________
muru
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2 out of 5 members found this post helpful.
  #153 (permalink)  
Old 07-10-2009, 08:06 PM
Donor
Priority Date
:
Feb-07
Category
:
EB2
I140 Mailed Date
:
03/21/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/19/2007
Compare
Join Date: May 2006
Posts: 362
saketkapur has a reputation beyond repute saketkapur has a reputation beyond repute saketkapur has a reputation beyond repute saketkapur has a reputation beyond repute saketkapur has a reputation beyond repute saketkapur has a reputation beyond repute saketkapur has a reputation beyond repute saketkapur has a reputation beyond repute saketkapur has a reputation beyond repute saketkapur has a reputation beyond repute saketkapur has a reputation beyond repute
Default from Ron Gotcher's forum: link in one of my earlier posts....

Re: New USCIS "unlawful presence" memo

--------------------------------------------------------------------------------

I think the single most commonly misunderstood aspect of that memo is the incorrect belief that adjustment of status applicants must try to maintain nonimmigrant status. For people with single intent nonimmigrant status, trying to "maintain" such status after filing for AOS would constitute fraud.

If you maintain a valid EAD after you file for AOS, you have nothing to worry about. __________________
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  #154 (permalink)  
Old 07-10-2009, 08:41 PM
Senior Member
Priority Date
:
Nov-04
Category
:
EB3
I140 Mailed Date
:
04/07/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
Compare
Join Date: Jul 2007
Posts: 232
maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts
Default good one

Quote:
Originally Posted by sugaur View Post
What the USCIS said was "asx cbdgy jsdy6 sjdj34 dere3 dfdfrf4 saddfsfef4 aasd 3445 affwwdwe 43 de34556 adsddw2 dwr343 dewddff 33rsdwer3 sdwdewd3"
Sorry its in "donors only lingo"
good one
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  #155 (permalink)  
Old 07-10-2009, 09:06 PM
Donor
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 274
sammyb has a reputation beyond repute sammyb has a reputation beyond repute sammyb has a reputation beyond repute sammyb has a reputation beyond repute sammyb has a reputation beyond repute sammyb has a reputation beyond repute sammyb has a reputation beyond repute sammyb has a reputation beyond repute sammyb has a reputation beyond repute sammyb has a reputation beyond repute sammyb has a reputation beyond repute
Exclamation becasuse of you like people

Quote:
Originally Posted by sugaur View Post
What the USCIS said was "asx cbdgy jsdy6 sjdj34 dere3 dfdfrf4 saddfsfef4 aasd 3445 affwwdwe 43 de34556 adsddw2 dwr343 dewddff 33rsdwer3 sdwdewd3"
Sorry its in "donors only lingo"
IV will repel genuine people ....

I am not interested to be a donor and will contribute based on action plan as I did before and did contribute a good amount of money to IV - but what I hate to see is people like you - being a donor you think you got the right to insult non-donors ....

the way IV forums are being used, very soon I may run out of option but to disassociate myself with it... Its sad but that is the fact ...
__________________
Proud Member of IV

Greened on 07/11/2011 @ TSC
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1 out of 2 members found this post helpful.
  #156 (permalink)  
Old 07-10-2009, 09:07 PM
Senior Member
Priority Date
:
Jun-04
Category
:
EB3
I140 Mailed Date
:
06/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/29/2007
Compare
Join Date: Jul 2007
Posts: 250
qasleuth has a reputation beyond repute qasleuth has a reputation beyond repute qasleuth has a reputation beyond repute qasleuth has a reputation beyond repute qasleuth has a reputation beyond repute qasleuth has a reputation beyond repute qasleuth has a reputation beyond repute qasleuth has a reputation beyond repute qasleuth has a reputation beyond repute qasleuth has a reputation beyond repute qasleuth has a reputation beyond repute
Default

Please stop this nonsense of Donors Vs non-donors purely in terms entitlement. Volunteer and commit some time and resources to the organization if you are serious about the issues we face. BS'ing around the forums, flashing badges of entitlement will only show immaturity as a group than anything else.
IV as an org expended lots of effort, time and resources to build bridges with USCIS yet lots of trolls who come around to question the motives of a few extraordinarily committed members. IV posts its information and plans out in the open so that people can freeload and pelt crap at it.
The guy who is begging for this information, get some self-respect. Don't bring shame on the whole group
__________________
Join the Ohio State Chapter
Send an email to iv-ohio@googlegroups.com with your name and telephone #. Will call, verify and sign you up. It is that simple !
http://groups.google.com/group/iv-ohio
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2 out of 2 members found this post helpful.
  #157 (permalink)  
Old 07-10-2009, 10:36 PM
Senior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
08/07/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2006
Compare
Join Date: Jan 2006
Posts: 176
bluekayal has much to be proud of bluekayal has much to be proud of bluekayal has much to be proud of bluekayal has much to be proud of bluekayal has much to be proud of bluekayal has much to be proud of bluekayal has much to be proud of bluekayal has much to be proud of bluekayal has much to be proud of
Default

sorry. this is not my case. It is another person's case that I have been following with keen interest.

Last edited by bluekayal; 07-10-2009 at 10:38 PM.
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  #158 (permalink)  
Old 07-10-2009, 11:52 PM
Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
01/01/2000
Chargeability
:
China
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2000
Compare
Join Date: Sep 2008
Posts: 50
a2006 is a splendid one to behold a2006 is a splendid one to behold a2006 is a splendid one to behold a2006 is a splendid one to behold a2006 is a splendid one to behold a2006 is a splendid one to behold a2006 is a splendid one to behold a2006 is a splendid one to behold
Default

Quote:
Originally Posted by sammyb View Post
IV will repel genuine people ....

I am not interested to be a donor and will contribute based on action plan as I did before and did contribute a good amount of money to IV - but what I hate to see is people like you - being a donor you think you got the right to insult non-donors ....

the way IV forums are being used, very soon I may run out of option but to disassociate myself with it... Its sad but that is the fact ...
I don't know why people get offended so easily in an open forum like this. Why cant we take it in a good spirit and move on. If people cant even take it as a joke how are we supposed to work together for a common cause. IV gave us a platform and if people who started IV were demanding action plans from everybody else, then we would have reached nowhere.
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  #159 (permalink)  
Old 07-19-2009, 12:13 PM
Junior Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
03/21/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/24/2007
Compare
Join Date: Jul 2009
Posts: 16
rabs is a splendid one to behold rabs is a splendid one to behold rabs is a splendid one to behold rabs is a splendid one to behold rabs is a splendid one to behold rabs is a splendid one to behold rabs is a splendid one to behold
Default

I entered on H1B and I also have a valid EAD. My company did not extend my H1B status and asked me to continue on EAD. So I submitted I9 and switched to EAD with the same employer. Since I do not have any foreign travel plans I did not apply for AP.

So I entered on H1B and now working on EAD after the expiry H1/I94. Do I need to apply for AP also ?

Will the expired I94 and NO Advance Parole be a problem ????
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  #160 (permalink)  
Old 07-19-2009, 02:33 PM
Donor
Priority Date
:
Sep-04
Category
:
EB2
I140 Mailed Date
:
06/29/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2007
Compare
Join Date: Aug 2008
Posts: 43
kiran_k02 is a splendid one to behold kiran_k02 is a splendid one to behold kiran_k02 is a splendid one to behold kiran_k02 is a splendid one to behold kiran_k02 is a splendid one to behold kiran_k02 is a splendid one to behold kiran_k02 is a splendid one to behold
Default

Quote:
Originally Posted by rabs View Post
I entered on H1B and I also have a valid EAD. My company did not extend my H1B status and asked me to continue on EAD. So I submitted I9 and switched to EAD with the same employer. Since I do not have any foreign travel plans I did not apply for AP.

So I entered on H1B and now working on EAD after the expiry H1/I94. Do I need to apply for AP also ?

Will the expired I94 and NO Advance Parole be a problem ????
According to the Knowledge gained by me in this regard, I can say that you should not have any problem with expired I-94, you are considered Legal as long as your I-485 application is pending with USCIS. After the decision is made, hopefully you will get your green card (all the other options are outside the scope of the information you are looking for). You do not need AP to maintain your status while your I-485 is pending, AP is required to travel outside of US while your 485 application is pending.

Anyway please consult your lawyer on such issues.

Good Luck..
__________________
------------------------------------------------------
PD Sep, 2004, India
I485 --Pending since Jul, 07, AD Sep 1, 2009.
I140 -- AD -- Jun 02, 07.
AP Renewal -- AD Dec 10, 08.
EAD Renewal -- AD Nov 22nd, 08 valid till 2010.
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  #161 (permalink)  
Old 07-19-2009, 04:00 PM
Junior Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
03/21/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/24/2007
Compare
Join Date: Jul 2009
Posts: 16
rabs is a splendid one to behold rabs is a splendid one to behold rabs is a splendid one to behold rabs is a splendid one to behold rabs is a splendid one to behold rabs is a splendid one to behold rabs is a splendid one to behold
Default

Quote:
Originally Posted by kiran_k02 View Post
According to the Knowledge gained by me in this regard, I can say that you should not have any problem with expired I-94, you are considered Legal as long as your I-485 application is pending with USCIS. After the decision is made, hopefully you will get your green card (all the other options are outside the scope of the information you are looking for). You do not need AP to maintain your status while your I-485 is pending, AP is required to travel outside of US while your 485 application is pending.

Anyway please consult your lawyer on such issues.

Good Luck..
Thanks Kiran. The reason for my confusion is the below message from immigration-law.com. Please read the LAST LINE.

07/09/2009: "Unlawful Status" for I-485 Applicant Failing to Maintain Nonimmigrant Status in the USCIS Consolidated Memorandum on "Unlawful Presence" Pushes Immigrants to Confusion and Edge

* Some employment-based immigrants have read "out of the context" the part of the USCIS recently released consolidated memorandum on unlawful presence that defines I-485 waiters not maintaining a nonimmigrant status as "unlawful status" and who are subject to removal proceeding, pushing themselves into confusion and fears. In fact, this part of the consolidated memorandum is nothing new in that all along it has been the law that the I-485 applicants who fail to maintain a nonimmigrant status and stay and work on EAD are not nonimmigrants and "not in status." Since an alien in "not in status" (unlawful status) can be subject to removal proceedings, there is nothing wrong with that part of the consolidated memorandum. However, these readers missed another part of the consolidated memorandum that states that because of prosecutorial discretion and related rules, such I-485 applicants are considered "in authorized to stay" (lawful stay). The language "in authorized to stay" not only means that the unlawful presence that triggers bar to admission is "tolled" but also means that such aliens will not be prosecuted for the unlawful status inasmuch as they are in a valid I-485 proceeding. Flip side of the coin of this law is that since such alien is not "in status," once I-485 application is denied, they lose the basis of the "in authorized to stay," and the government can initiate the removal proceedings unless the aliens depart from the country voluntarily. For the reasons, some I-485 applicants have strived to maintain a H or L visa status adamantly against the potential denial of I-485 applications, but it is completely different issue from current misunderstanding within the employment-based immigrant community that the government can start removal proceedings simply because their status is unlawful and they can be subjected to a forced removal from the country simply because they decided not to extend their nonimmigrant status pending I-485 applications. People should stop panicking on this issue. Those I-485 waiters who stay and work on EAD rather than H-1B or L-1 visa status should make it sure that they religiously extend their EAD and Advance Parole not to violate the conditions and eligibility for I-485 applications!
Thanks
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