The Message From Music Blogs

1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.

1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

_____________________
Not a legal advice.

Don't worry there is no solid basis for the lawsuit. Only lawsuit that can be filled , if at all, is BS+5 , which is USCIS ineterpretation of Advance degree equivalent.
Source: A reputed lawyer known to us all on this forum.
Mode of consultation: E-mail

Next course of action: Unknown. But folks with US Masters or higher please PM me...

Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

============================================
Sec. 204.5 Petitions for employment-based immigrants.

(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

(2) Definitions. As used in this section:

Advanced degree

means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

======================================



____________________________
US Permanent Resident since 2002

Here is a nice one...

http://www.youtube.com/watch?v=_OBlgSz8sSM

Now you may go and dig out my previous postings too!

Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!

Bring it on more (red dots) LOL

Because when you speak something it is useful and when others say something is nonsense. Cool.

Thank You for all the support.
I couldn`t reply any sooner.I was busy with Open house( a whole lot of scrubbing and cleaning).
I cannot post the contents of the RFE`s as most of the info is private and not appropriate for the public forum.But the info I got from the forum so far has been helpful.
What we are trying to do now is to get appointments with atleast 2 other attorneys(murthy and khanna) .our current Lawyer responded to our questions on a sunday .Not many lawyers do that. and we have only 2 weeks to respond Once we get some answers we`ll go from there.
Our case is very complex.I don`t want other members be discouraged by the amount of papers uscis requested.Not every one gets this unlucky.They asked for all w2`s,first and last paystubs with each employer and federal tax returns.Rule of thumb don`t discard any paper that you ever submitted to uscis and all your employment records.
I will keep you posted.
thank you again.

Oppression born of fear
There is fear at the heart of the Chinese and Russian systems. (http://www.telegraph.co.uk/comment/telegraph-view/8229075/Oppression-born-of-fear.html)
Daily Telegraph Editorial

An over-mighty state crushes those whom it deems its opponents. Yet in doing so it exposes its weakness. Take the cases of Liu Xiaobo, who yesterday marked his 55th birthday in prison in China, and Mikhail Khodorkovsky, currently on trial in Russia. The reaction of the Chinese government earlier in the year to the award of the Nobel Peace Prize to Mr Liu was hysterical. Because the dissident and his family were not permitted to attend the ceremony, the prize was placed on an empty chair, a potent symbol of the oppressive nature of the Communist Party; in short, a diplomatic disaster.

The relentless pursuit of Mr Khodorkovsky has likewise further tarnished Russia's image. The former head of the oil company Yukos is likely to be sentenced to a six-year term this week for embezzlement and money-laundering, shortly before he completes an earlier, eight-year sentence for tax evasion. The charge that he stole �16.3 billion of oil revenues between 1998 and 2003 is absurd. And the political nature of the case has been made crystal clear by Vladimir Putin, the prime minister, who said earlier this month that "a thief must sit in jail". Mr Khodorkovsky's cardinal sin, in Mr Putin's eyes, is to have provided funding to opposition parties. His second sentence will mean he will be out of the way well beyond the presidential election scheduled for March 2012.

These two men are being hounded because they challenge the status quo, which in China is the political monopoly of the Communist Party, and in Russia, bureaucratic cronyism. In both countries, those who have grown rich and powerful under such conditions want to keep things as they are. Yet the very intensity of the persecution reveals a fear at the heart of each system that its authority is more fragile than it might appear. Does the emperor have any clothes?


Ivory Coast election crisis: A roadmap for African political reform (http://www.csmonitor.com/Commentary/Global-Viewpoint/2010/1230/Ivory-Coast-election-crisis-A-roadmap-for-African-political-reform) By Frazer & Berggruen | CSM

UN..after I read your story..

god..you r so gutsy.. must appreciate you..!!

http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/06/21/EDGDOILMUV1.DTL

Why doesnt this guy test the water by contesting the elections...he talks as if he is the 20th century Adam Smith who should be consulted on economics..

My situation goes something like this.

1) I got 7th year extension in Sep 2005
2) Visited India and got stamped and got new I-94 on return.
3) Applied for 8th year extension without submitting new I-94.
but applied with old replacement I-94 came with I-797.
4) So the same I-94 continued on subsequent I-797 extensions.
5) Recently applied for 9th year extension with the same.

My Question is, do I need to submit last entry I-94 card that I missed which is expired now, for correction? Or is there any issue with this.
All these years I have the same employer.

I appreciate your help on this.

Thanks
-BMS

There are two things

1. when you got your 7th year extension 797 with I 94 , you were supposed to submit that I 94 ( on 797) along with the i 94 in your passport.
This is important most people dont do it .
2. when u aplied for 8th year extension u submitted the 797 of the 7th year along with the i 94 attached to it( which you were suppose to submit when you left the country for 7th year stamping) hence the I 94 number did not change. Your I 94 are out of synch.

I would suggest to talk to an immigration attorney and i mean a real good one .
Otherwise you could talk to an immgration officer and expalin your case.
Or you could now go out get stamped and get a new I 94 9make sure this time you submit both the I 94s when you leave)

I had a very peculiar situation where i had to travel outside the country when my H1 extension was pending and it got approved when i was out of the country and when i got a new i 94 when i came back with a new number than the one with i 94 on 797 ( which was of a later date)
I spoke to immigrtaion officer and he heard me my circumstances and said i was in status and my i 94 were in order.
Last year i went to my home country and got stamped and got a new i 94 but i submiited the two i 94s when i left the country.

A boy and his father (new immigrants in Canada), were visiting a shopping centre. They were amazed by almost everything they saw, but especially by two shiny, silver walls that could move apart and back together again. The boy asked his father: "What is this, Dad?" The father (never having seen an elevator) responded: "Son, I have never seen anything like this in my life, I don't know what it is."

While the boy and his father were watching wide-eyed, an old lady in a wheel chair rolled up to the moving walls and pressed a button. The walls opened and the lady rolled between them into a small room. The walls closed and the boy and his father watched small circles of lights with numbers above the walls light up. They continued to watch the circles light up in the reverse direction. The walls opened up again and a beautiful and attractive 24-year-old woman stepped out.
The father shouts to his son: "GO GET YOUR MOTHER!!!":D

If you go with any campaign without the support of any organisation or without any legal basis you are going to fail. Not only that if you go without IV support but at the same time use IV forum that will certainly impact the unity of IV and that will may have impact on survival of IV in future. I think Core IV Group is in fix in this issue and whatever they tell someone will be unhappy.

If law tells something and DOS violates that then certainly there is a valid point. If DOS follows law and law is unfair then you need to try changing the law. If you go to DOS simply they will tell we followed the law. If you find viloation of law then you may get some support.

I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???

ok..lets see how it goes.

I did not hire an attorney nor took a consultation..I thought folks here on IV combined are as good as an attorney :D

Just came from the Post office..sent all documents they asked for including Resume.

I dont know if my employer responded..I called them but they didn't respond..typical..huh

Lets see how it goes..

Should something bad happen (Which I dont understand why it would), you will see me in
"Alberta Welcomes H1b" thread.. :D:D:D

Folks,

I think if you one wants to eliminate or significantly reduce the number of H1B's or immigrant visas, then you can go ahead and label that person "anti-immigrant". I would be with you, saying that is definitely negative to America.

So far I haven't seen Lou Dobbs doing that though. All the time I watch the program I see that man bringing up legitimate concerns. Lou Dobbs is a hero for Americans. The fact is that in general, wages have been stagnated for the last five years. What I have seen Lou Dobbs bringing up is that H1B numbers should not be increased. Don't you think that is a fair and rational approach ? Tell me. Honestly, when I learned this provision that they want to increase H1B visas at 20% every year, that appeared quite of a stretch to me. Folks, please be more rational and thoughtful please ?

"Folks, please be more rational and thoughtful please ?"

I think thoughtful and rational are NOT two words you would use to describe a Lou Dobbs broadcast. :D

Extremely one sided, hateful, demagogry, those words would be more accurate.

USCIS has not changed any law they have re-interpreted an existing law which was unclear and some folks have said that CIS interprets laws based on inputs from congress to understand the intent behind the law. If you complain to CIS that you have changed law they will send you a polite reply that we do not make any laws we just implement it.


* When was it unclear?
* Why did it take so long for USCIS to see that the law was unclear?
* What caused USCIS to realize that the law was unclear?
* What caused them to change their interpretation?
* How did USCIS use up all of EB2-I numbers in the very first quarter? (Very illegal thing to do)

Come on, dont be so picky. You know what I mean when I said USCIS changed the law. Dont argue on syntax.

The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.

Its quite a vicious circle.....

If that is true, to complete the circle, you'll also see terrorist attacks, sponsored by India, on innocent civilians in Pakistan. You'll soon get a fitting reply, something which will put the lives of your mom and dad in danger and scare the hell out of them.

Because I do not remember which address I used on the visa application, and how I translated my employer's name in home country. In China, at least those days, everyone had a residence record showing your address. We had ours at my in-law's address, while living in a new development. We might used one of those two addresses. Same thing with company names, merging, name changing etc was common.

According to Crystal and Milind70, I am a bit relieved as my visa application was a long time ago. So I may not need to worry about it. Thanks everyone.

check out immigration-law; breaking news. he even says not to rely on this because the procedural manual is outdated.

Bihari professor
--------------
This is a true incident which happened in a college. A new lecturer (also a Bihari professor) was unable to control the class. The guys were just talking without giving any attention to him. So he wanted to send a guy
who was creating most of the problem out. But he doesn't know how to put it in English.
He went near the guy. Shouted "follow me" .The guy followed him till he went out of the class. Now the lecturer turned back and again shouted
"Don't follow me" and went inside the class..........

#Inside the Class :
----------------
* Open the doors of the window. Let the atmosphere come in.
* Open the doors of the window. Let the Air Force come in.
* Cut an apple into two halves - take the bigger half.
* Shhh...Quiet, boys...the principal just passed away in the corridor
* You, meet me behind the class. ( meaning AFTER the class )..
* Both of u three, get out of the class.
* Close the doors of the windows please .. I have winter in my nose today...
* Take Copper Wire of any metal especially of Silver.....
* Take 5 cm wire of any length....

# About his family :
----------------
* I have two daughters. Both of them are girls...(?)

# At the ground :
-------------
* All of you, stand in a straight circle.
* There is no wind in the balloon.

# To a boy, angrily :
-----------------
* I talk, he talk, why you middle middle talk ?

# Giving a punishment :
----------
* You, rotate the ground four times...
* You, go and under-stand the tree...
* You three of you, stand together separately.
* Why are you late - say YES or NO ....(?)

# Sir at his best :
------------
Sir had once gone to a film with his wife. By chance, he happened to see one of our boys at the theatre, though the boy did not see them.
So the next day at school... (to that boy) - " Yesterday I saw you WITH MY
WIFE at the Cinema Theatre."

Pray for Wisdom:

A PRAYER Dear Lord,

I pray for Wisdom to understand my man;

Love to forgive him;

And Patience for his moods.

Because, Lord, if I pray for Strength,

I'll beat him to death.

AMEN

What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....
Well said. But in a little rude way.

I am on H1B and I485 is pending. I just bought a mid-price house and I will recommend to buy only if your I140 is approved. I waited for many years but finally bought one. Buying the house was a big decision but I am glad that I took it. I have a 3 year old daughter and she being able to run in our own backyard is worh of some financial risk. The house prices are lower (still I think a little higher than it should be) and the interest rate is good too. So, go for it and good luck.

go for it? When the housing market is crashing and when we have recession, everyone buy the over inflated houses?:confused: House prices are lower?:(
The market is crashing because the house prices are so much inflated that people are not buying. This is why you see record foreclosures. Infact some of them sold at the height of the bubble and made large profits and are now renting. They are waiting for the market to fall further. This whole market is a ponzi scheme with flippers buying and selling each other.