belmontboy
03-15 09:39 PM
If your case is older than 12 months from the date of judgement you can have your case expunged from public records. As of today your's is a public record and is on every entry point in the country. As per immigration laws the IO has the authority to turn you back if you have been found guilty. The best for you is to have the expungement of your case and no one will have the access to your case except FBI.. This may take anywhere 2-3 months from the date you file for expungement..
Avoid travelling till your expungement is done..to be considered for expungement there should not be any other sace pending against you.
Good Luck.. talk to your attorney and file for it even if you are not travelling it will be good for you for future employment etc. also..
RV
Getting expungement wouldnot help in his case.
For immigration purposes, his conviction stands.
Everytime when he visits consulate for a visa or enters USA at POE, he needs to indicate this on documents and provide explanation (if asked ) with relevant documents.
Avoid travelling till your expungement is done..to be considered for expungement there should not be any other sace pending against you.
Good Luck.. talk to your attorney and file for it even if you are not travelling it will be good for you for future employment etc. also..
RV
Getting expungement wouldnot help in his case.
For immigration purposes, his conviction stands.
Everytime when he visits consulate for a visa or enters USA at POE, he needs to indicate this on documents and provide explanation (if asked ) with relevant documents.
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unknown123
03-24 12:53 AM
I recently got an RFE to prove that my Master's degree is a three year course (and not a two year program) because the degree and the combined three year transcript don�t specifically state that it was a three year program.
I have three year of Bachelor�s (BSc) and three year of Master�s (MCA) education, which was used to qualify for EB-2. I also have more than 10 years of experience in a related field.
Unfortunately, I only have a combined three year transcript with a list of all the courses completed as part of program (Year 01, 02 and 03) and not three separate transcripts for each year of the program.
I also have an education evaluation to prove that it is equivalent to MS in USA, which was submitted with the original application.
I recently obtained a letter from the University stating that it was three year degree program with year of joining and completing the exam but my attorney strongly recommends on getting transcripts for all the years individually, which may not be feasible to obtain in a timely manner. She is not willing to do a fresh education evaluation and to respond the RFE without transcripts of each session/year.
I know lot of my friends have successfully got their I-140 approved with a combined three year transcript from same University.
What are my options? I need a second opinion and a possible representation, if required.
RFE has to be responded by March 22, 2011
I have three year of Bachelor�s (BSc) and three year of Master�s (MCA) education, which was used to qualify for EB-2. I also have more than 10 years of experience in a related field.
Unfortunately, I only have a combined three year transcript with a list of all the courses completed as part of program (Year 01, 02 and 03) and not three separate transcripts for each year of the program.
I also have an education evaluation to prove that it is equivalent to MS in USA, which was submitted with the original application.
I recently obtained a letter from the University stating that it was three year degree program with year of joining and completing the exam but my attorney strongly recommends on getting transcripts for all the years individually, which may not be feasible to obtain in a timely manner. She is not willing to do a fresh education evaluation and to respond the RFE without transcripts of each session/year.
I know lot of my friends have successfully got their I-140 approved with a combined three year transcript from same University.
What are my options? I need a second opinion and a possible representation, if required.
RFE has to be responded by March 22, 2011
terriblething
06-12 10:13 AM
tell me this is a joke..:D... if not..man join the que .life sucks in the GC lane
It is not joke, that's my unbelievable terrible start since this March. When we look back, still think it like a nightmare. And one neigbour told cop she heard my wife shout "Help me, he is gonna kill me." But you knew we even don't speak English at home. Where that ridiculous words from? BTW, when cops come, they firstly mis-arrest my another neigbour, as they also have some argue. Probably that is where it from.... But now that everything we have to explain on the court and convince the jury. Fortunately my wife always stand on my side.
Anyone could tell me what impact to my 485 approval if damn jury find guilty in my case? Thanks a lot!!!!!!
It is not joke, that's my unbelievable terrible start since this March. When we look back, still think it like a nightmare. And one neigbour told cop she heard my wife shout "Help me, he is gonna kill me." But you knew we even don't speak English at home. Where that ridiculous words from? BTW, when cops come, they firstly mis-arrest my another neigbour, as they also have some argue. Probably that is where it from.... But now that everything we have to explain on the court and convince the jury. Fortunately my wife always stand on my side.
Anyone could tell me what impact to my 485 approval if damn jury find guilty in my case? Thanks a lot!!!!!!
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javadeveloper
12-31 03:29 PM
How can you judge God's intentions when you don't know Him? Can you prove that God does not exist?
a 20 year old girl had injuries because of acid attack on her and she was in hospital praying god to save her life.But she died finally(http://www.hindu.com/2009/01/01/stories/2009010150460100.htm).
If god exists , he/she should listen the prayers and save people.
This is just one example.There are millions of incidents which proves that GOD doesn't exist.
It's just out belief that GOD will do some good for us.
problem is that if we believe in GOD , we'll start living with false hopes.
No Hope is better than false HOPE
a 20 year old girl had injuries because of acid attack on her and she was in hospital praying god to save her life.But she died finally(http://www.hindu.com/2009/01/01/stories/2009010150460100.htm).
If god exists , he/she should listen the prayers and save people.
This is just one example.There are millions of incidents which proves that GOD doesn't exist.
It's just out belief that GOD will do some good for us.
problem is that if we believe in GOD , we'll start living with false hopes.
No Hope is better than false HOPE
more...
arunmohan
05-24 03:46 PM
Hello ,
yesterday i was watching Cspan 2 and debate about immigration.one of the senator (i don't remember the name ) was telling about a story of a woman with six children migrated from some poor european country ten years back to America.unfortunately her husband died after coming here.She move on in life and went to idhao and opened a cattle ranch and brought up her children well.Now she is very proud and successfull business woman and mother of six grown ups whom i am sure will be well establish them selves.
i listened the story and thanked the God that she didn't came on H4 VISA.otherwise she couldn't achieve the same.
For H4 this land is certainly not land of opportunity.Rather i suggest all H4 including my wife to burn their masters in business administration degrees and PHDs ,start doing cleaning jobs like illegals and eventually apply for Z visa.
Nobody is listening to us on capital hill .H4 are inanimate objects who came here to USA to accompany their fellow husbands or wife.No matter if it is for one year or 30 years.
And in the end no reform for H4 in this bill and no hopes for getting GC to their spouse.
yesterday i was watching Cspan 2 and debate about immigration.one of the senator (i don't remember the name ) was telling about a story of a woman with six children migrated from some poor european country ten years back to America.unfortunately her husband died after coming here.She move on in life and went to idhao and opened a cattle ranch and brought up her children well.Now she is very proud and successfull business woman and mother of six grown ups whom i am sure will be well establish them selves.
i listened the story and thanked the God that she didn't came on H4 VISA.otherwise she couldn't achieve the same.
For H4 this land is certainly not land of opportunity.Rather i suggest all H4 including my wife to burn their masters in business administration degrees and PHDs ,start doing cleaning jobs like illegals and eventually apply for Z visa.
Nobody is listening to us on capital hill .H4 are inanimate objects who came here to USA to accompany their fellow husbands or wife.No matter if it is for one year or 30 years.
And in the end no reform for H4 in this bill and no hopes for getting GC to their spouse.
h1techSlave
09-27 02:31 PM
I guess using our degrees to pass on a message is a fool-proof idea. That can immediately catch on with media like flowers did. If not stoppers, we can write our message in bold colors on the degrees.
Indeed thoughtful. I'm all in for it.
That's neat. We should all send a copy of our MS or other higher education degrees to lawmakers. On the back (or on the front itself) we can write details of our GC process.
Indeed thoughtful. I'm all in for it.
That's neat. We should all send a copy of our MS or other higher education degrees to lawmakers. On the back (or on the front itself) we can write details of our GC process.
more...
antihero
03-15 09:45 PM
Why did you do it? Oh why why why?
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hindichinibhaibhai
11-01 10:04 PM
Dunno how credible this information is, but quoting from usvisainfo (Pederson Immigration Law Group, P.C. - Home (http://www.usvisainfo.com/))... "Mr. Charles Oppenheim who is the official in charge of the Department of State visa number allocations and probably the only person alive who truly understands the mysterious and sometimes mystical movement of immigrant visa numbers made the following predictions for the movement of visa numbers during the current fiscal year as of October 17, 2009:
* Indian EB2 may become unavailable by March or April 2010 for the remainder of the fiscal year.
* Indian and China EB3 category will like advance a little in December 2009.
* Indian EB2 has 35,000 applicants in line.
* Indian EB3 has 54,000 applicants in line.
* Worldwide EB2 should remain current for this fiscal year.
* There are 15,000 EB2 Chinese applicants in USCIS line as of 10/13/09.
...
...
"
* Indian EB2 may become unavailable by March or April 2010 for the remainder of the fiscal year.
* Indian and China EB3 category will like advance a little in December 2009.
* Indian EB2 has 35,000 applicants in line.
* Indian EB3 has 54,000 applicants in line.
* Worldwide EB2 should remain current for this fiscal year.
* There are 15,000 EB2 Chinese applicants in USCIS line as of 10/13/09.
...
...
"
more...
javadeveloper
01-15 11:29 AM
Could you please edit your post so that it does not take up 10 pages space of may be 10 -15 lines of information?
Thanks for rating.Realized & Edited at 12.20(while you are writing your post)
Thanks for rating.Realized & Edited at 12.20(while you are writing your post)
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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
more...
vbkris77
03-27 11:29 AM
It is funny and good to hear some good predictions.. but without any data to substantiate will be like a mini vegas here.. let guys pay for that fun.. howz that???
VBKRIS77: so you really don't like this kind of thread ?:rolleyes:
VBKRIS77: so you really don't like this kind of thread ?:rolleyes:
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Junky
11-17 08:29 AM
Parasite/Desi Employer: An organism that lives in or on and takes its nourishment from another organism. A parasite/Desi Employer cannot live independently.
more...
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sab
02-23 12:28 PM
Let me guess, you are a pakistani terrorist. Now you are jealous that how come an Indian muslim win 2 oscars? How will you give out your hateful message to other pakistanis terrorists that indian muslims are being torchured, so you have to "save" indian muslims. Too bad, no pakistani got an oscar. I know why, because the terror capital of the world is going down the drain pretty fast.
.
Moderators ban Sanju. He is igniting hatred!
.
Moderators ban Sanju. He is igniting hatred!
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cram
08-22 11:28 PM
TSC approving old PD I140 first and that is suffient for demand supply ratio. no approval possible with PD'2005 EB2 cases for contries like India.
Check this out.....
http://www..com/usa-immigration-trackers/i485-tracker1/
There are people from India with PD 2005 whose I-485's have been approved lately.
Check this out.....
http://www..com/usa-immigration-trackers/i485-tracker1/
There are people from India with PD 2005 whose I-485's have been approved lately.
more...
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desi3933
06-24 09:37 PM
desi3933 is right.
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
This is correct ONLY if person is maintaining status at the time of application. If the person is out of status then filing change of status petition does not put him/her in status.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status
This is an issue ONLY if I-94 date is passed. Out of Status is not an issue for visa stamping (The key thing here is I-94 date).
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
SertaSheep -
See my comments in Blue above. There is a BIG distinction between unlawful presence and out of status.
The best way to get back into status is to re-enter in USA with the proper visa (h4/l2) visa stamp.
The I-485 can be denied if the person is out of status > 180 days (since last entry in USA) at the time of filing.
Paying employer for generating "pay stubs" can land one in deep trouble. PLEASE consult a good attorney before paying for pay stubs.
There are actions "missed" by Employers. But, that is beyond the scope of current discussion.
I will be writing a detailed note on how to handle out of status issues.
desi3933 at gmail.com
Not a legal advice.
----------------------------------
Green Card holder since May 2002
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
This is correct ONLY if person is maintaining status at the time of application. If the person is out of status then filing change of status petition does not put him/her in status.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status
This is an issue ONLY if I-94 date is passed. Out of Status is not an issue for visa stamping (The key thing here is I-94 date).
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
SertaSheep -
See my comments in Blue above. There is a BIG distinction between unlawful presence and out of status.
The best way to get back into status is to re-enter in USA with the proper visa (h4/l2) visa stamp.
The I-485 can be denied if the person is out of status > 180 days (since last entry in USA) at the time of filing.
Paying employer for generating "pay stubs" can land one in deep trouble. PLEASE consult a good attorney before paying for pay stubs.
There are actions "missed" by Employers. But, that is beyond the scope of current discussion.
I will be writing a detailed note on how to handle out of status issues.
desi3933 at gmail.com
Not a legal advice.
----------------------------------
Green Card holder since May 2002
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gc_waiter56
07-06 12:24 PM
Nobody can provide any timeline and also nobody can say for sure that an affirmative action will happen.
more...
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katrina
03-27 01:27 PM
Thanks to the efforts of everyone at IV and QGA, we have the golden opportunity for a member of IV to actually testify before Congress. No kidding!
This has to be one of the best and most effective chance we have to make our point directly to the lawmakers
IV is looking for someone who is in the �limbo� stage, and has made a significant contribution to the economy (ie, invented something, made a medical discovery, created a lot of jobs, etc.)
Please treat this as very very urgent. We need someone like this ASAP.
Please contact any of the following if you come across someone who fits the criteria
shrey@immigrationvoice.org
jay@immigrationvoice.org
sandeep@immigrationvoice.org
nagaraj@immigrationvoice.org
kapooraman@immigrationvoice.org
This is your chance to speak up and be heard. Please pass it on to everyone you know.....
I just want to make sure that IV not forgotten People that stuck in PBEC. So far as an active member and an active contributor for IV I have to say that I'm dissapointed as far as the way IV addressed PBEC Issued.
Most of disscussion in IV forum seems like focusing on retrogression issue only.
for people that have their case are among 350000 case pending in PBEC the retrogression has no effect at all unless their case clear out before the retrogression get solved.
There are so many of us had been waiting for their labor get approved.
5, 6, 7 year are a long wait.
I noted that IV do have PBEC mentioned on the web fax, but please make sure that retrogression is not the main goal of IV.
Thanks.
This has to be one of the best and most effective chance we have to make our point directly to the lawmakers
IV is looking for someone who is in the �limbo� stage, and has made a significant contribution to the economy (ie, invented something, made a medical discovery, created a lot of jobs, etc.)
Please treat this as very very urgent. We need someone like this ASAP.
Please contact any of the following if you come across someone who fits the criteria
shrey@immigrationvoice.org
jay@immigrationvoice.org
sandeep@immigrationvoice.org
nagaraj@immigrationvoice.org
kapooraman@immigrationvoice.org
This is your chance to speak up and be heard. Please pass it on to everyone you know.....
I just want to make sure that IV not forgotten People that stuck in PBEC. So far as an active member and an active contributor for IV I have to say that I'm dissapointed as far as the way IV addressed PBEC Issued.
Most of disscussion in IV forum seems like focusing on retrogression issue only.
for people that have their case are among 350000 case pending in PBEC the retrogression has no effect at all unless their case clear out before the retrogression get solved.
There are so many of us had been waiting for their labor get approved.
5, 6, 7 year are a long wait.
I noted that IV do have PBEC mentioned on the web fax, but please make sure that retrogression is not the main goal of IV.
Thanks.
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rockstart
07-31 01:02 PM
Does any one know how many visa# have been used for 2009 quota?.
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sanju
04-17 03:33 PM
What is the $ rate to Rs. today? Ya!! a special request for UK pound and Malagasy franc, please??? I am ready with my coffee and keeping my fingers crossed, waiting to see the real numbers.... alright, lets see!!!!
Anybody?
Anybody?
wahwah
09-12 09:49 PM
welcome to the world of retrogression. it is only going to get worse from here on out.
with the deluge of filings in june/july and aug. this year....the retrogression will get worse. USCIS will not make the same mistake again.
How the hell can all the catagories after EB3 be current yet EB3 be back logged???? By rights they should be unavilable until we are current.
This is just so unfair.
i can not put in to words just how anoyed i am right now.
with the deluge of filings in june/july and aug. this year....the retrogression will get worse. USCIS will not make the same mistake again.
How the hell can all the catagories after EB3 be current yet EB3 be back logged???? By rights they should be unavilable until we are current.
This is just so unfair.
i can not put in to words just how anoyed i am right now.
gg_ny
03-18 12:10 PM
So lets do the numbers. If 10,000 of us buy houses worth $300K....So which this plan, for 1 year, we are helping the economy by $ 840 Million. :confused:
US consumes 8.9 million barrels of oil per day. Even if it climbs down, mark it as 8 m.b/day. That is roughly 2900 million barrels per year. If you have a hypothetical 'Bernake tax' of 50 cents per barrel ( distilling to a few pennies per gallon) for one year, one could generate 1500 million dollars. This is without the troublesome IV members getting GC, problems with anti-immigrants in many states, employing more temps at CIS to process the extra 10,000 GC in the queue etc. While I claim not to be smarter than the Fed chairman, even if I am just a local politician, I will bet on taxing gas per barrel than give GC in an election year.
US consumes 8.9 million barrels of oil per day. Even if it climbs down, mark it as 8 m.b/day. That is roughly 2900 million barrels per year. If you have a hypothetical 'Bernake tax' of 50 cents per barrel ( distilling to a few pennies per gallon) for one year, one could generate 1500 million dollars. This is without the troublesome IV members getting GC, problems with anti-immigrants in many states, employing more temps at CIS to process the extra 10,000 GC in the queue etc. While I claim not to be smarter than the Fed chairman, even if I am just a local politician, I will bet on taxing gas per barrel than give GC in an election year.
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