newbie2020
11-11 11:38 AM
First of all hiring someone on tourist visa was illegal, You had not thought about the safety of your child while doing it and without proper background check or reference checks hiring someone for nanny or anything like that involving children can be risky. There are instances of abuse which certainly will go un noticed.
From a legal perspective, Did u have a written contract for nanny, even if you sue the person you might not be able to recover anything and hiring an illegal may land you in trouble.
From a legal perspective, Did u have a written contract for nanny, even if you sue the person you might not be able to recover anything and hiring an illegal may land you in trouble.
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deecha
07-20 12:59 PM
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.
Thanks UnitedNations ! That's what my lawyer said too. In fact he prepared the I-485 packet and is sending it to the USCIS Nebraska center today. In my I-485 packet he has included a rider (part 3, I believe) stating that a I-485 was filed earlier and withdrawn by me and has included evidence documents to that effect.
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.
Thanks UnitedNations ! That's what my lawyer said too. In fact he prepared the I-485 packet and is sending it to the USCIS Nebraska center today. In my I-485 packet he has included a rider (part 3, I believe) stating that a I-485 was filed earlier and withdrawn by me and has included evidence documents to that effect.
bosuca
07-17 11:04 PM
:) Thanks a lot to all members for being with us in this struggle. We have tasted our first big success this year. Credit goes to each and every IV member. We were all affected by the visa bulletin fiasco and this is our victory. This is a victory for all our members and we must rejoice.
IV had worked very hard and had been pushing for this in the background. Our flower campaign, rally and other advocacy efforts all came together and helped us at a crunch time. We thank members that sent flowers and also walked in the San Jose heat for 4 hours. All that really shows our commitment to this cause.
We are happy that our efforts are successful and IV has been able to make a difference. Please also know that during this effort, IV was extremely active and decision makers heard our voice. We cannot give out all the details but what IV members should know is that these efforts should make each one of us proud and what we can do if we have a firm resolve. We were also the first to break this news even before anyone else or media could, and continued to update our members as time passed.
IV also thanks its contributing members and it is because of their contributions we were able to continue this effort. Many thanks to the members that are contributing now after this good news.
Please continue your support for this organization and be an integral member of this ever growing community, so that this journey can continue and we can end retrogression and have immigrationvoice as our voice.
Team IV
IV had worked very hard and had been pushing for this in the background. Our flower campaign, rally and other advocacy efforts all came together and helped us at a crunch time. We thank members that sent flowers and also walked in the San Jose heat for 4 hours. All that really shows our commitment to this cause.
We are happy that our efforts are successful and IV has been able to make a difference. Please also know that during this effort, IV was extremely active and decision makers heard our voice. We cannot give out all the details but what IV members should know is that these efforts should make each one of us proud and what we can do if we have a firm resolve. We were also the first to break this news even before anyone else or media could, and continued to update our members as time passed.
IV also thanks its contributing members and it is because of their contributions we were able to continue this effort. Many thanks to the members that are contributing now after this good news.
Please continue your support for this organization and be an integral member of this ever growing community, so that this journey can continue and we can end retrogression and have immigrationvoice as our voice.
Team IV
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bugmenot
04-11 01:38 PM
"This is crazy. I hope they do something about it at least for students who have advanced degrees from US colleges. Not because they are smarter, but because they are already here and have contributed a lot of $$ to US schools"
i agree, maybe something can be done b4 the rule becomes final
i agree, maybe something can be done b4 the rule becomes final
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maco
08-09 04:52 PM
Deecha,
1).I came to USA on L1-B in 2003 October and the I-94 was till september-2006.
2). Then i changed my Visa to H1-B in 2005.
3). I was asking my employer to file for change of status from L-1 to H-1.
4). Those guys filed for a new H-1 and sent it to a consulate in India.
5). I was not aware of this and i thought i am legal till september the expiration date on my Visa.
6). Labor got cleared in July-2007.
7). Thought i would file for I-140 and I-485 together and found out that my I-94 was expired since September-2006.
What is the best course of action here to remedy my situation??
Any advice or details of a great Immigration lawyer who dealth with such cases before would be of great help.
Thanks in Advance !!
i did'nt understand your 4th point, h1 was sent to chennai consulate, didnt u went for stamping in chennai?
clear this poin..i will try to help
1).I came to USA on L1-B in 2003 October and the I-94 was till september-2006.
2). Then i changed my Visa to H1-B in 2005.
3). I was asking my employer to file for change of status from L-1 to H-1.
4). Those guys filed for a new H-1 and sent it to a consulate in India.
5). I was not aware of this and i thought i am legal till september the expiration date on my Visa.
6). Labor got cleared in July-2007.
7). Thought i would file for I-140 and I-485 together and found out that my I-94 was expired since September-2006.
What is the best course of action here to remedy my situation??
Any advice or details of a great Immigration lawyer who dealth with such cases before would be of great help.
Thanks in Advance !!
i did'nt understand your 4th point, h1 was sent to chennai consulate, didnt u went for stamping in chennai?
clear this poin..i will try to help
kpchal2
08-13 09:19 PM
there were a lot of instances when people do not even know about the visa bulletin even thought they have applied for it a long time ago. especially when they are full time employees well taken care of by their companies. for those gc is just another entity.
having said that, that should not be a reason to get into trouble in future. will it effect him in the future or not and if so how is something that he should research with an attorney and make a conscious choice for himself.
on the contrary this is just another incident by USCIS to prove how big time a**h013$ they are. seriously idiots. how come they manage to do such stupid stuff. what can IV do to counter such issues. this is a serious problem and this could jeopordize some one for a mistake from uscis. as a software engg or a mech a engg or a doctor, we as customers should be doing minimal stuff from immigration side. we have better things to take care of. not a useful post but just venting out. sorry guys.
having said that, that should not be a reason to get into trouble in future. will it effect him in the future or not and if so how is something that he should research with an attorney and make a conscious choice for himself.
on the contrary this is just another incident by USCIS to prove how big time a**h013$ they are. seriously idiots. how come they manage to do such stupid stuff. what can IV do to counter such issues. this is a serious problem and this could jeopordize some one for a mistake from uscis. as a software engg or a mech a engg or a doctor, we as customers should be doing minimal stuff from immigration side. we have better things to take care of. not a useful post but just venting out. sorry guys.
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rajuram
03-07 02:05 AM
I would like to contribute $25, but need to find out what information are we getting? I am mainly interested in eb3 india, year 2001
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seattleboy
04-06 11:39 PM
If the authorities were really clever they should have accepted the 65000 with highest salaries instead of doing something random like a lottery. This in turn would have forced employers to raise wages to have a meaningful shot at getting a visa.
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chanduv23
11-11 05:52 PM
Go to the authorities and report her.
H1 is a temporary situation. Your family is permanent. Protect your family.
Do not let the fear of social services coming to check on you from stopping to do the right thing. They have a job to do; they will not take away a child unless they really believe that the child is not being cared for. They do not want to add to the strain of foster care system which is already under stress.
Law enforcement agencies also monitor sites like IV, Rajiv Khanna etc. And they can get a subpoena against IV to get your information if they suspect that a crime has taken place.
Everyone: please please ... You should not only check for the cleanliness and background of the staff (and facility) who take care of your kid. Also make sure that their way of taking care of your kid meets your expectation. Do not make any assumptions. Ask pointed questions and get certain answers.
Also... I feel that there is more to the story than what the OP has said in his one and only posting.
I think he/she already went past the point to think "what will happen to me" when they hired someone knowing that she was not legally eligible to work/provide that service.
If not them reporting that nanny, her next victim will report her. I strongly believe that, if she is used to that way of raising a kid, she will hit other kids in the future. And they will be exposed at that point when the authorities grill her to spill the beans on her previous employers.
I am also afraid that the OP might take matters into his/her own by making an emotional decision; and that would put him in hot water.
chanduv: I read your post about how you hired a nanny based on your parent's monitoring her behaviour around your kid when they were visiting you. I hope that was not the only criteria for you to choose her. Keep in mind that a person's behaviour when they are alone speaks of their true nature. They can behave nice and good when they have company; but do they continue to be the same when there is no adult around them?
Definitely install a nanny cam that you/yourwife can keep checking from work.
Sorry if I sound like I am picking on you Chandu. But when I read your post, I felt that there might be other families who have done the same thing as you did.
After going through this thread - I just spoke to my wife about installing a nannycam :) though she strongly feels it may not be necessary because she has developed some kind of friendship with the nanny, but I will definitely install a nannycam.
H1 is a temporary situation. Your family is permanent. Protect your family.
Do not let the fear of social services coming to check on you from stopping to do the right thing. They have a job to do; they will not take away a child unless they really believe that the child is not being cared for. They do not want to add to the strain of foster care system which is already under stress.
Law enforcement agencies also monitor sites like IV, Rajiv Khanna etc. And they can get a subpoena against IV to get your information if they suspect that a crime has taken place.
Everyone: please please ... You should not only check for the cleanliness and background of the staff (and facility) who take care of your kid. Also make sure that their way of taking care of your kid meets your expectation. Do not make any assumptions. Ask pointed questions and get certain answers.
Also... I feel that there is more to the story than what the OP has said in his one and only posting.
I think he/she already went past the point to think "what will happen to me" when they hired someone knowing that she was not legally eligible to work/provide that service.
If not them reporting that nanny, her next victim will report her. I strongly believe that, if she is used to that way of raising a kid, she will hit other kids in the future. And they will be exposed at that point when the authorities grill her to spill the beans on her previous employers.
I am also afraid that the OP might take matters into his/her own by making an emotional decision; and that would put him in hot water.
chanduv: I read your post about how you hired a nanny based on your parent's monitoring her behaviour around your kid when they were visiting you. I hope that was not the only criteria for you to choose her. Keep in mind that a person's behaviour when they are alone speaks of their true nature. They can behave nice and good when they have company; but do they continue to be the same when there is no adult around them?
Definitely install a nanny cam that you/yourwife can keep checking from work.
Sorry if I sound like I am picking on you Chandu. But when I read your post, I felt that there might be other families who have done the same thing as you did.
After going through this thread - I just spoke to my wife about installing a nannycam :) though she strongly feels it may not be necessary because she has developed some kind of friendship with the nanny, but I will definitely install a nannycam.
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amitjoey
12-19 03:26 PM
80 contributors and we are rolling
c'mon people..............
give what you can!
if 20 is it, no shame there, every bit counts and that's not just a cliche
if you can do more, then by all means please do so.
we are not even halfway to our financial target and the session begins soon.
Every bit counts, if you want to start - start with atleast $20.
c'mon people..............
give what you can!
if 20 is it, no shame there, every bit counts and that's not just a cliche
if you can do more, then by all means please do so.
we are not even halfway to our financial target and the session begins soon.
Every bit counts, if you want to start - start with atleast $20.
more...
maverick_s39
02-25 04:34 PM
this got to be the best practical solution I have seen on IV (with some modification?), approaching hillary clinton by explaining the situation is the best bet, its simple and involves an administrative fix but they anyway have to revisit the application during visa allocation,
what if a person's 485 is approved like 4 years back and he had some run-ins with law after that or something that might jeopardize his chances of 485 if it is evaluated at the time of visa allocation? this might be a 1 in 100 case but its a national security issue, solution can be as one of the members said pay an upfront fee for pre-evaluation and then when visa number is available they don't re-evaulate parts of application that don't change like birth certificate etc.,. and just look at w2s, paystubs, criminal records etc.,. in that case if it is just a pre-evaluation I am not sure how it would be of great help unless the package comes with EAD and AP,
what if a person's 485 is approved like 4 years back and he had some run-ins with law after that or something that might jeopardize his chances of 485 if it is evaluated at the time of visa allocation? this might be a 1 in 100 case but its a national security issue, solution can be as one of the members said pay an upfront fee for pre-evaluation and then when visa number is available they don't re-evaulate parts of application that don't change like birth certificate etc.,. and just look at w2s, paystubs, criminal records etc.,. in that case if it is just a pre-evaluation I am not sure how it would be of great help unless the package comes with EAD and AP,
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gcdreamer05
03-09 03:50 PM
Subscription Details
----------------------------------------------------------------
Date of sign up: Mar. 9, 2009
Subscription Name: Donation to Support Immigration Voice (User: gcdreamer05)
Subscription Number: S-0CT4078178407321M
Last contribution had some error, so posted again and this time went through and i got the Subscription number....
----------------------------------------------------------------
Date of sign up: Mar. 9, 2009
Subscription Name: Donation to Support Immigration Voice (User: gcdreamer05)
Subscription Number: S-0CT4078178407321M
Last contribution had some error, so posted again and this time went through and i got the Subscription number....
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tcsonly
04-23 04:39 PM
Dear All,
I have Singapore Permanent Resident. Am I eligible to apply for H-1B1 Singapore visa?
Sincerely,
Alex
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=138b6138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
From the above link,
"An H-1B1 is a national of Chile or Singapore coming to the Unites States to work temporarily in a specialty occupation. "
Hope this helps,
--C.
I have Singapore Permanent Resident. Am I eligible to apply for H-1B1 Singapore visa?
Sincerely,
Alex
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=138b6138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
From the above link,
"An H-1B1 is a national of Chile or Singapore coming to the Unites States to work temporarily in a specialty occupation. "
Hope this helps,
--C.
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desi3933
07-20 04:40 PM
Can someone advice on this.
Currently I am on H1B visa and I will apply my AOS before 17th august as dependent(Secondary applicant).
After applying AOS if I have to leave my job then will I be out of status since I won't be on H1 status and I won't be on H4 ?
Can I leave my job after applying AOS or I have to wait till We get receipts of 485?
Thanks in advance.
After applying for I-485 you are in AoS Pending status and you can leave the current job without being out of status.
You should probably wait until I-485 is delivered.
_________________
Not a legal advice.
Currently I am on H1B visa and I will apply my AOS before 17th august as dependent(Secondary applicant).
After applying AOS if I have to leave my job then will I be out of status since I won't be on H1 status and I won't be on H4 ?
Can I leave my job after applying AOS or I have to wait till We get receipts of 485?
Thanks in advance.
After applying for I-485 you are in AoS Pending status and you can leave the current job without being out of status.
You should probably wait until I-485 is delivered.
_________________
Not a legal advice.
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msp1976
02-04 05:38 AM
Originally Posted by chanduv23
According to a specialist on immigration forums "Mr UnitedNations" the unused visas are directly being used for EB3 ROW , I am not how he knows that but maybe thats what is happening.
Maybe EB3 ROW being a diverse group is being given more precendence than highly subscribed countries.
Your posts are getting very irritating with this blind belief in this "Unitednations" fellow. Why do you believe in him so much? What has he done?
It is true that all EB1/EB2 overflow visas at this point and in the next few months would get used for EB3 ROW...If and when EB3 ROW becomes current, at that point the overflow visas would be used for EB3 China/India...
That is because the country cap 7% and 5% for dependents is already satisfied for China/India....
You have to understand the caps work in a complicated way..
total EB cap 140K
EB5 - 7.1% anything not used flows downward in the list..
EB4 - 7.1% anything not used flows downward in the list
EB1 - 28.6% anything not used flows downward in the list
EB2 - 28.6% anything not used flows downward in the list
EB3 - 28.6% nothing usually left...Anything left is not used ... Those are the unused numbers everyone wants to recpature....
Schedule A Workers: Employment First, Second, and Third preference Schedule A applicants are entitled to up to 50,000 “recaptured” numbers. These are folks from medical occupations...nurses etc...
In addition to this there is a country cap of 7% for principal and 5% for dependents..
Let's not get irritated...Please concentrate on the information and not the person...
According to a specialist on immigration forums "Mr UnitedNations" the unused visas are directly being used for EB3 ROW , I am not how he knows that but maybe thats what is happening.
Maybe EB3 ROW being a diverse group is being given more precendence than highly subscribed countries.
Your posts are getting very irritating with this blind belief in this "Unitednations" fellow. Why do you believe in him so much? What has he done?
It is true that all EB1/EB2 overflow visas at this point and in the next few months would get used for EB3 ROW...If and when EB3 ROW becomes current, at that point the overflow visas would be used for EB3 China/India...
That is because the country cap 7% and 5% for dependents is already satisfied for China/India....
You have to understand the caps work in a complicated way..
total EB cap 140K
EB5 - 7.1% anything not used flows downward in the list..
EB4 - 7.1% anything not used flows downward in the list
EB1 - 28.6% anything not used flows downward in the list
EB2 - 28.6% anything not used flows downward in the list
EB3 - 28.6% nothing usually left...Anything left is not used ... Those are the unused numbers everyone wants to recpature....
Schedule A Workers: Employment First, Second, and Third preference Schedule A applicants are entitled to up to 50,000 “recaptured” numbers. These are folks from medical occupations...nurses etc...
In addition to this there is a country cap of 7% for principal and 5% for dependents..
Let's not get irritated...Please concentrate on the information and not the person...
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belmontboy
04-16 11:52 AM
Well you never had any arguments points in the first place. All you had is a misplaced sense on self superiority.
But please don't run away from an argument try some logic for a change
can't argue with people who pretend not to understand.
Of millions of people only you say F1 is fraud. does a single person's opinion make it a fact?
Why don't u brush up your reasoning skills?
But please don't run away from an argument try some logic for a change
can't argue with people who pretend not to understand.
Of millions of people only you say F1 is fraud. does a single person's opinion make it a fact?
Why don't u brush up your reasoning skills?
more...
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Pineapple
07-17 07:26 PM
IV strikes a blow for the high skilled community!
Remember the time when members were ringing up the phones of Senators and Congressmen during last year's CIR discussions? I suppose we all came of age around then.. and grass roots members got the idea they could make a difference.. From then on, IV has been going from strength to strength, a snowball finally on the move.. leading to the flower campaign, then the rally, and now, this!!
My hats off to the core members, who have skilfully steered this sometimes raucous, but always enthusiastic ship.
I was going through my Paypal transactions, and totting up my contributions. The tally? not nearly enough!! So adding some more to the kitty.
Its a small price to pay for the biggest payback, of all: A voice!
Remember the time when members were ringing up the phones of Senators and Congressmen during last year's CIR discussions? I suppose we all came of age around then.. and grass roots members got the idea they could make a difference.. From then on, IV has been going from strength to strength, a snowball finally on the move.. leading to the flower campaign, then the rally, and now, this!!
My hats off to the core members, who have skilfully steered this sometimes raucous, but always enthusiastic ship.
I was going through my Paypal transactions, and totting up my contributions. The tally? not nearly enough!! So adding some more to the kitty.
Its a small price to pay for the biggest payback, of all: A voice!
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vikki76
08-13 02:54 PM
Congratulations!!!. what was your Notice Date on I-485 receipt? There is a big thread going on about which date takes precedence
Dear friends and fellow members at ImmigrationVoice,
Finally got the email today, Aug 13, 2009, from USCIS indicating that the card production has been ordered for me. No word yet about my wife's GC. Case still pending.
Relevant data for me:
India, EB2 - Priority date April 14, 2004
Texas Service Center.
Short of divulging my social security number, I will be happy to answer any and all questions about my journey so far.
Good luck to all of you.
Best Regards
Fred
NB to admins! If this is NOT the appropriate thread for this info, please let me know. I will remove this post. Right now this thread seems to have a lot of traffic and that's why I posted about my card process email here.
Dear friends and fellow members at ImmigrationVoice,
Finally got the email today, Aug 13, 2009, from USCIS indicating that the card production has been ordered for me. No word yet about my wife's GC. Case still pending.
Relevant data for me:
India, EB2 - Priority date April 14, 2004
Texas Service Center.
Short of divulging my social security number, I will be happy to answer any and all questions about my journey so far.
Good luck to all of you.
Best Regards
Fred
NB to admins! If this is NOT the appropriate thread for this info, please let me know. I will remove this post. Right now this thread seems to have a lot of traffic and that's why I posted about my card process email here.
hairstyles Shame the G6 didn#39;t get this
bach007
09-08 01:47 PM
...that this thread is an act of an inside man (within IV) to spark enthu among members. Whatever it is...itz working !!! :)
BINGO!!! :D
From the very first post I felt that (including the title of the thread ;) )
No wonder the guy's not getting banned inspite of his attacks on the core effort right now - THE RALLY.
Anyway, its working. :)
BINGO!!! :D
From the very first post I felt that (including the title of the thread ;) )
No wonder the guy's not getting banned inspite of his attacks on the core effort right now - THE RALLY.
Anyway, its working. :)
a1b2c3
09-12 07:41 AM
If we can even collectively demand official data, which I think we are entitled to, it will help IV community in estimating the wait times for individual cases. It may also help USCIS in correcting their projections and forseeing the demand.
http://immigrationvoice.org/forum/showthread.php?t=21462
Count me in for any effort in this direction.
http://immigrationvoice.org/forum/showthread.php?t=21462
Count me in for any effort in this direction.
kondur_007
08-21 07:05 PM
I don't realize why should anyone blame cableching...??
It seems to me that he just shared the information that he got and the way he understood. Would anyone else have done it any differently?
I dont think it really matters whether they have used up all visas now vs at the end of sept. Because, there were "X" number of visas to be given out and so "X" number of applicants would be chosen randomly (USCIS Lottery style..:p) and that happend...
If at all, this is a good news, that they actually finished this lottery process and so nothing will go to waste...(It would be too bad if california Lotto comes out with a winner number ticket that does not belong to anyone!!!)
And, we will never know whether this news is true or it is a misunderstanding on the part of cableching or the IO lady. (I personally dont think either of them are lying...but it could be a misunderstanding, especially with regard to category EB3 vs EB2). Regardless whether it is ture or a misunderstanding, we will see approvals coming through over next several months. (Just like what happened in June 07). So it is quilte likely that many of the waiting people would get their GCs if their names is picked up in the lottery!! So good luck to all...
I also believe that such memo WILL need to be sent out to all USCIS local offices as they do process some applications in some cases (with interviews etc...) and they do need to know if all the numbers are exhausted.
It seems to me that he just shared the information that he got and the way he understood. Would anyone else have done it any differently?
I dont think it really matters whether they have used up all visas now vs at the end of sept. Because, there were "X" number of visas to be given out and so "X" number of applicants would be chosen randomly (USCIS Lottery style..:p) and that happend...
If at all, this is a good news, that they actually finished this lottery process and so nothing will go to waste...(It would be too bad if california Lotto comes out with a winner number ticket that does not belong to anyone!!!)
And, we will never know whether this news is true or it is a misunderstanding on the part of cableching or the IO lady. (I personally dont think either of them are lying...but it could be a misunderstanding, especially with regard to category EB3 vs EB2). Regardless whether it is ture or a misunderstanding, we will see approvals coming through over next several months. (Just like what happened in June 07). So it is quilte likely that many of the waiting people would get their GCs if their names is picked up in the lottery!! So good luck to all...
I also believe that such memo WILL need to be sent out to all USCIS local offices as they do process some applications in some cases (with interviews etc...) and they do need to know if all the numbers are exhausted.
