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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





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  • spdy_mn
    06-28 12:59 PM
    Does it mean they would stop processing I140 premium applications which have already been sent. My I140 was pending for 6 months and I changed it for premium after the dates became current, it was sent by my lawyer this Monday (25th) and received by USCIS on 26th. Does this mean it will not be processed or does this mean they will not accept any premium processing applications from July 2nd.

    Yours will be processed as you have already submitted. You should receive your decision in the next week. When you do, please let us know that it is approved :)





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  • jonty_11
    06-18 10:55 AM
    please post source...always.





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  • bitzbytz
    06-24 02:52 PM
    what do you mean by fake pay stubs, can you please clarify.

    I am in process of generating pay stubs for my wife by paying the employer tax...so that she is covered for the un paid H1 period.

    Why will this cause problem



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  • GCHope2011
    07-02 06:44 AM
    Obama is probably the worst President we have had in history OR may be his advisors are to be blamed. All they want to do is stop and punish business and then get votes by giving illegals free stuff. Legal residents spend at least $10-20K to remain legal and these freaking democrats want illegals to pay $500 and get citizenship (not even just GC).
    Vote out all democrates in the coming elections. GOP is the only party that cares about America - not just for short term votes.

    When you complain about latino or hispanics - everyone says this is not only about hispanics....many other nationalities are illegally here....but then only hispanic cacacus gets a meeting with Obama to push their illegal agenda forward.

    NO AMNESTY - yes, we can!

    What is this crap about immigration laws splitting families - how are the laws splitting families? Why can't the illegal resident in the US go back home to their family and the issue is solved. We don't need JPL labs or NASA to get involved (not rocket science).

    We can deport 11 million illegals by enforcing CURRENT immigration law and arresting and heavily ($50000 or extra jail time) for employers that employ illegals - knowingly or unknowingly. The burden should be on the employer to find out. Slowly, without jobs latinos (yes, the majority of illegals) will start leaving...going back - self deportation.
    While we may have our personal views on the efficacy or effectiveness of the US political system and the politicians, we should refrain from using this forum to cast aspersions on individual actors and parties in the system or painting them with a broad brush. No system is perfect, and the US politics and the political system is no different. On the whole, it does seem to work better and in a more civilized way than in other countries most of the times.

    We are an advocacy forum and need the support of everyone in the political system for our cause. Bad mouthing people certainly does not win friends who can help us.





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  • anantc
    08-26 11:07 AM
    My labor was put as just "computer programmer" with my US experience as 4 yrs experience on top of having BE + Masters (From India). My I-140 for EB2 got denied and my company forced it to refile in EB3, which got approved recently.. but then am in the long queue of I-1485.
    Initially it was queue for Labor in 2003 which took 2+ years, then I-140 2yrs for getting EB2-denial and then another year for EB3-approval of I-140. Now waiting for I-485 since 2007 July.

    :eek:



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  • tinamatthew
    07-21 11:02 AM
    Did you had the paystubs or the immigration officer did not ask for it?
    When you are changing status within the country, they will want to make sure you maintained previous status, so paystubs will most likely be required. An option you may want to consider is visa autorevalidation in Mexico/Canada.

    What did you mentioned at line # 30 and # 38 of DS-156?
    Remember when a visa is a stamp in the passport, which allows you to enter the country. The i-94 tells you how long you can stay in the country. When you fill in a i-539 it is an Application To Extend/Change Nonimmigrant Status. Not a visa and the reason why you cannot use it to come back into the country

    How long was your wife out of status? Please respond. I am unable to get the paystubs from the employer. He is not picking up the phone.


    Hope this helps





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  • eb_retrogession
    02-28 10:27 AM
    Dear members,

    Thank you for all your support thus far.

    IV currently has around 950 registered members. If every member were to contribute $100 each, we should have close to 100K today. We think that is a very realistic picture. In fact we were banking on that kind of support when we started this effort. We are not even close to that number.

    Guys, the core team of IV have really slogged to reach a point where our voices are being heard. By not contributing, please don't do a dis-service to yourselves and all others involved.

    This is an appeal to all the members that haven't contributed yet, PLEASE CONTRIBUTE AT LEAST $100. Most of EB workers have decent jobs and enjoy a decent lifestyle. $100 is not too much to ask, for what is at stake right now. Given the number of people affected, one would think acheiving the contribution target is a piece of cake. PLEASE STEP UP NOW!!

    We are relying on this support to move forward. There may not be any other chance for your issues to be heard at the level we are trying.
    If you have any questions regarding operational issues or need more convincing, please send a note to info@immigrationvoice.org

    For the effort we are putting, atleast give us a surviving chance to fight the battle!!



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  • belmontboy
    03-15 11:26 PM
    Comtting a crime and trying to blame it on others for that....

    is that what you are supporting?

    Don't jump without understanding my comments.

    what makes you come to conclusion that i am supporting him?

    we shouldnot judge others without understanding circumstances. Even if he has intentionally comitted crime, he is going to answer to God for this sooner for later.

    some "shoplifters" are not theives.





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  • Madhuri
    07-02 02:15 PM
    If this is true, it is really scary for people who are solely on EAD and no longer hold H1 status.

    New Traps for Aliens Filing for a Green Card (http://www.rreeves.com/articles/immigration_en_10575.php)



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  • Nikith77
    04-02 02:34 PM
    EB3I will move to 2005 in coming months





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  • chanduv23
    10-08 04:26 PM
    ^^^^^^^^^^^^^^^^^^



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  • chanduv23
    10-13 10:33 AM
    We should have video taped 'laborchic' inspiring speech and post it on youtube :)





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  • oldschool
    08-15 09:28 AM
    Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.

    Addendum: I applied for AOS for my spouse this July. Will there be a problem with her AOS?



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  • amitjoey
    05-22 05:12 PM
    Guys, this is the time to show the core group that we are a bunch of people thankful that there is IV to help us fight this fight.
    We need to stand united and raise awareness and sign up for the $20minimum a month recurring contribution.

    I understand that some of you do intend to contribute and have contributed generously in the past,
    But here are some mindsets, All of us fall in these 4 mindsets.

    1) you probably think "why should I sign up for a monthly recurring contribution program". I am a generous contributor and I contribute almost monthly anyways.
    2) I have contributed enough.
    3) I will contribute if I feel like, when I see something comming out of this effort.
    4) I do not have to contribute.

    If you are in category 1).I can tell you, I understand because I have been a generous contributer in the past. But guys, the reason I signed up for a monthly recurring contribution is that it helps IV know that 'X' amount of funds are guaranted every month, this way they can plan better.

    Category 2) Contributed enough - Okay why dont just sign up for a minimum amount of $20/month once more. What is enough is not enough.

    Category 3) This has been discussed, I do not want to talk about this category of members.

    Category 4) Again - No Comments-

    Lets show the core team that all of us fall in the first 2 categories.

    The last thing we want the core to do is bite their fingers over funds. We do not want the core to get stressed out over funds. They have enough real work to do already.

    I give all of the ones that have not set up a monthly recurring contribution benefit of doubt. May be you were not aware that this organisation and the lobby money has come out of pockets of ordinary hard working people like you. But this is our last chance. WHAT ARE YOU WAITING FOR?.





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  • Chris Rock
    01-23 12:33 AM
    Here is a post from Ron Gotcher's website which might be of interest to some of us trapped in EB3 I retrogression .
    http://www.immigration-information.com/forums/showthread.php?t=7065

    He expects visa bulletin cut off for EB3 I to jump to 2004 in coming months. No reasoning behing this though..

    There are only 35000 EB3 visas available. India quota is 2450. India is now in Oct 2001 and ROW is not current yet. How come India PD will move to 2004?

    I have seen many such reports from Dec 2004. We all wait till the last quarter only to face disappointment. That happened last year. What is different in this year?

    Also there are lots of Eb3_india gyus are waiting with PD being current. PD being current is not important. Getting GC is important.

    Go figure!



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  • chanduv23
    10-02 03:28 PM
    I will try..

    Come on - leaders like you MUST not TRY you MUST COME





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  • ThinkTwice
    09-21 01:37 PM
    And why do you think the White House was in touch with Immigration voice leaders and not with some corporate lawyers during the July 2nd fiasco if they did not recognize the strength and commitment of the skilled immigrant community and btw what makes you say 'july 2nd will never happen again.' what are you? God?
    I smell a closeted Anti Immigrant here.....

    you need to remember that you are not a us citizen and you have no rights, you're previleged to have a job here...you can campaign till the cows come home and you aren't going to get squat.
    july 2nd was a mistake that uscis had to rectify....there were a lot of companies who had spent the money in preparing I-485 applications and then uscis would have to face a class action lawsuit. july 2nd will never happen again.





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  • bijualex29
    05-11 02:53 PM
    bkarnik is absolutely correct;





    ragz4u
    04-03 01:02 PM
    Looks like everyone here is on the same boat (getting GC). Why are we wasting time on this when time is of the essence?

    If everyone has so much time to reply to posts, I would really recommend that everyone instead give a phone call to one of the senators mentioned in the other thread and do something constructive. If you are done with that, call your friends and ask them to join. Help us find the emails of CEO/HRs of companies that depend on us!

    If you still have time, PM me and I'll let you know what else you can do.

    Please guys, understand the seriousness of the situation. We need all the help we can right now.





    gc28262
    09-23 10:27 AM
    Made another round of calls !



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