ashkam
07-10 10:24 AM
Guys,
I have sent the details about Example 2 on Page 10 of the memo to attorney Matthew from OH Law Firm to seek his opinion. I had asked him to post it on his website for the benefit of employment based immigrant community. I am posting the response from his website. You can also read this response on his website, immigration-law.com.
As you can see in the last sentence, he clearly says there is no need to panick because this has been the law all along and has not been interpreted correctly by immigrants.
07/09/2009: "Unlawful Status" for I-485 Applicant Failing to Maintain Nonimmigrant Status in the USCIS Consolidated Memorandum on "Unlawful Presence" Pushes Immigrants to Confusion and Edge
* Some employment-based immigrants have read "out of the context" the part of the USCIS recently released consolidated memorandum on unlawful presence that defines I-485 waiters not maintaining a nonimmigrant status as "unlawful status" and who are subject to removal proceeding, pushing themselves into confusion and fears. In fact, this part of the consolidated memorandum is nothing new in that all along it has been the law that the I-485 applicants who fail to maintain a nonimmigrant status and stay and work on EAD are not nonimmigrants and "not in status." Since an alien in "not in status" (unlawful status) can be subject to removal proceedings, there is nothing wrong with that part of the consolidated memorandum. However, these readers missed another part of the consolidated memorandum that states that because of prosecutorial discretion and related rules, such I-485 applicants are considered "in authorized to stay" (lawful stay). The language "in authorized to stay" not only means that the unlawful presence that triggers bar to admission is "tolled" but also means that such aliens will not be prosecuted for the unlawful status inasmuch as they are in a valid I-485 proceeding. Flip side of the coin of this law is that since such alien is not "in status," once I-485 application is denied, they lose the basis of the "in authorized to stay," and the government can initiate the removal proceedings unless the aliens depart from the country voluntarily. For the reasons, some I-485 applicants have strived to maintain a H or L visa status adamantly against the potential denial of I-485 applications, but it is completely different issue from current misunderstanding within the employment-based immigrant community that the government can start removal proceedings simply because their status is unlawful and they can be subjected to a forced removal from the country simply because they decided not to extend their nonimmigrant status pending I-485 applications. People should stop panicking on this issue.
Thanks for the update.
I have sent the details about Example 2 on Page 10 of the memo to attorney Matthew from OH Law Firm to seek his opinion. I had asked him to post it on his website for the benefit of employment based immigrant community. I am posting the response from his website. You can also read this response on his website, immigration-law.com.
As you can see in the last sentence, he clearly says there is no need to panick because this has been the law all along and has not been interpreted correctly by immigrants.
07/09/2009: "Unlawful Status" for I-485 Applicant Failing to Maintain Nonimmigrant Status in the USCIS Consolidated Memorandum on "Unlawful Presence" Pushes Immigrants to Confusion and Edge
* Some employment-based immigrants have read "out of the context" the part of the USCIS recently released consolidated memorandum on unlawful presence that defines I-485 waiters not maintaining a nonimmigrant status as "unlawful status" and who are subject to removal proceeding, pushing themselves into confusion and fears. In fact, this part of the consolidated memorandum is nothing new in that all along it has been the law that the I-485 applicants who fail to maintain a nonimmigrant status and stay and work on EAD are not nonimmigrants and "not in status." Since an alien in "not in status" (unlawful status) can be subject to removal proceedings, there is nothing wrong with that part of the consolidated memorandum. However, these readers missed another part of the consolidated memorandum that states that because of prosecutorial discretion and related rules, such I-485 applicants are considered "in authorized to stay" (lawful stay). The language "in authorized to stay" not only means that the unlawful presence that triggers bar to admission is "tolled" but also means that such aliens will not be prosecuted for the unlawful status inasmuch as they are in a valid I-485 proceeding. Flip side of the coin of this law is that since such alien is not "in status," once I-485 application is denied, they lose the basis of the "in authorized to stay," and the government can initiate the removal proceedings unless the aliens depart from the country voluntarily. For the reasons, some I-485 applicants have strived to maintain a H or L visa status adamantly against the potential denial of I-485 applications, but it is completely different issue from current misunderstanding within the employment-based immigrant community that the government can start removal proceedings simply because their status is unlawful and they can be subjected to a forced removal from the country simply because they decided not to extend their nonimmigrant status pending I-485 applications. People should stop panicking on this issue.
Thanks for the update.
wallpaper Zac Efron amp; Vanessa Hudgens
bkshres
10-27 11:16 AM
765 Receipt Date: 26 July
Notice date: 29 July
Service Center: Nebraska
Expedite Requested: Yes.
If Yes : What date: Oct 13
Card Production Email (1..n): Oct 13 (1 email only)
Existing EAD Card Expiry : Oct 25
Change of address after EAD Application : NO
No card in hand yet. Called 2 days back and being told USCIS hasn't even mailed my physical card yet so there is no way I am going to get it soon. I don't know why there is such a delay in mailing physical card. I am staying home on unpaid leave. It sucks.
Notice date: 29 July
Service Center: Nebraska
Expedite Requested: Yes.
If Yes : What date: Oct 13
Card Production Email (1..n): Oct 13 (1 email only)
Existing EAD Card Expiry : Oct 25
Change of address after EAD Application : NO
No card in hand yet. Called 2 days back and being told USCIS hasn't even mailed my physical card yet so there is no way I am going to get it soon. I don't know why there is such a delay in mailing physical card. I am staying home on unpaid leave. It sucks.
mirage
07-26 02:45 PM
What kind of people you are. You guys don't have anything to do or what. Why is everybody or for that reason anybody calling USCIS. Guys do something else, watch a movie to for vacation whatever but stop this nonsense.....
2011 Vanessa Hudgens walked the red
rdehar
09-08 01:27 PM
Wow - what a support group !
more...
chanduy9
07-03 03:15 PM
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
This is good news...
This is good news...
maacho
01-23 08:16 PM
is this going to happen in california too? i hope not, coz i just got a 2 month temp license
more...
sanju_dba
06-29 12:09 PM
gclabor07,
you said , money going to your parents account.
do you have signature authority on your parents account? if yes, then report it.
( how long this fine print goes , its upto you to follow )
you said , money going to your parents account.
do you have signature authority on your parents account? if yes, then report it.
( how long this fine print goes , its upto you to follow )
2010 zac efron, vanessa hudgens,
bottlemani
09-20 03:31 PM
Aman and other core members, your efforts are greatly appreciated! I just made my little contribution.
more...
rajeshalex
07-30 03:18 PM
called the 2 VA rep
hair Zac Efron and Vanessa Hudgens
ps57002
04-28 07:51 PM
Will this recapture employment based immigrant visas lost by USCIS or only family based.... Didn't seem too clear to me. Pg 22... seems more focused on family based to me (not that I have anything against family based).
more...
qplearn
11-16 10:43 AM
It says in this link that LD is epxected to run until Dec 15. Is there anyplace there is a daily or week by week schedule?
Since there is another month to go, and there don't appear to be that many issues on the agenda maybe skil will be sneaked in at the end. anyone have thoughts on this?
I have sent an email to my senator, who happens to be Clinton, about the need to pass SKIL urgently. Her office has promised response soon. House rep has not even responded to my email, which did not surprise me given his stance on immigration.
Perhaps if we write individually to our senators and house members, there may be action. It was passed in the senate, and should now pass easily in the house if tabled.
Since there is another month to go, and there don't appear to be that many issues on the agenda maybe skil will be sneaked in at the end. anyone have thoughts on this?
I have sent an email to my senator, who happens to be Clinton, about the need to pass SKIL urgently. Her office has promised response soon. House rep has not even responded to my email, which did not surprise me given his stance on immigration.
Perhaps if we write individually to our senators and house members, there may be action. It was passed in the senate, and should now pass easily in the house if tabled.
hot beau Zac Efron on the red
GCwaitforever
01-31 03:15 PM
We are moving away from looking for a solution to the problem by quarreling among each other. I sent e-mail to Senate Majority Leader Reid. Please write to as many favaroble Senators as you can.
****************************************
Dear Senator Reid,
I am working on H-1B VISA in USA. I have been in this country for about 11 years. My Greencard petition is under processing with USCIS.
I am writing about the Economy stimulus plan under discussion in Senate. According to Fox News, there is talk of excluding rebates for people who file income taxes with ITIN in the pretext that they are illegal immigrants. This is not true. There are many legal immigrants like my spouse who was on H4 VISA and hence could not work according to the law in this country. She had to do with ITIN and she filed taxes jointly with me. Economic hardship is same for people withSSN or ITIN. This rebate exclusion for ITIN holders baffles me. I request you to oppose anti-immigrant stance of some of fellow senators and not allow rebate exclusion solely based on someone having an ITIN number.
Thank you for your time reading this.
********************************************
****************************************
Dear Senator Reid,
I am working on H-1B VISA in USA. I have been in this country for about 11 years. My Greencard petition is under processing with USCIS.
I am writing about the Economy stimulus plan under discussion in Senate. According to Fox News, there is talk of excluding rebates for people who file income taxes with ITIN in the pretext that they are illegal immigrants. This is not true. There are many legal immigrants like my spouse who was on H4 VISA and hence could not work according to the law in this country. She had to do with ITIN and she filed taxes jointly with me. Economic hardship is same for people withSSN or ITIN. This rebate exclusion for ITIN holders baffles me. I request you to oppose anti-immigrant stance of some of fellow senators and not allow rebate exclusion solely based on someone having an ITIN number.
Thank you for your time reading this.
********************************************
more...
house Vanessa Hudgens and Zac Efron
pbuckeye
08-06 02:38 PM
Increasing "Fraud prevention fee" and then NOT using that "fee" to do anything related to detecting and preventing H1B visa fraud.
Looks an awful lot like a shakedown of H1B employees / employers.
Looks an awful lot like a shakedown of H1B employees / employers.
tattoo Zac Efron and Vanessa Hudgens
NYC-circuit
01-30 09:16 AM
I am still waiting
more...
pictures Zac Efron amp; Vanessa Hudgens
Saralayar
09-09 10:48 AM
Quite true Pappu. I came to US in Feb 2000. Joined a big name in Feb 2001. Instead of focusing on Labor cert filing, I focused more on my work (probably because proving myself in a new company seemed more important that time). Two months after joining suddenly came an email from corporate HR and company decided not to file any more labor certs because of worsening economy. They filed my labor only in Oct 2004 (so for filing labor itself I had to wait for 3.5 years). Wish I knew about the long wait and GC hell when I came here.
Not really.
Even people who came after and are 'aware' of the problem will soon get desperate.
It is also surprising to know that a lot of us do not bother to start the process early on or are not aware of the long wait times. Few people who started early on when they came on H1 are better off than most of us.
Pappu, it is not due to ignorance. Most of the victims in this thread are people who came to US during 1999 end and 2000. The recession was at the peak and most of the companies do not even bother to file. Other companies who filed, had lot of lay offs. Due to it, every one again started the process around 2004 once they settled again. I am also one of such victims. My first labor for GC was filed in Dec 2000 on EB2. But due to lay-off, everything got screwed-up and I am still waiting in the EB3 queue....:(
Not really.
Even people who came after and are 'aware' of the problem will soon get desperate.
It is also surprising to know that a lot of us do not bother to start the process early on or are not aware of the long wait times. Few people who started early on when they came on H1 are better off than most of us.
Pappu, it is not due to ignorance. Most of the victims in this thread are people who came to US during 1999 end and 2000. The recession was at the peak and most of the companies do not even bother to file. Other companies who filed, had lot of lay offs. Due to it, every one again started the process around 2004 once they settled again. I am also one of such victims. My first labor for GC was filed in Dec 2000 on EB2. But due to lay-off, everything got screwed-up and I am still waiting in the EB3 queue....:(
dresses Zac Efron and Vanessa Hudgens
diptam
02-09 12:28 AM
Dependent spouses( e.g H4, L2 ...) come into tax picture via ITIN.... Now for some reason IRS messed up the definition if ITIN years back and gave ITIN not only to Non-working dependent spouses but also to illegal aliens. And they dont have an explicit criteria/flag to find out which ITIN's are for Illegal aliens and which ITIN's are for Non-earning and/or Non-working spouses so they Put a Filter on the whole ITIN itself...
Since there are 12-20 mm illegal aliens and 1-2 million dependent spouses from a Lawmaker's perspective it some how makes sense - if not 100% fair.. It helps America and saves hard-earned money of american taxpayers from going to pocket of illegal aliens - so we have to digest this.
Case 1
-------
This is unfortunate but if you have a Family of 3 (1 H1 , 1 H4 and 1 Kid) and and your taxable income is < 150K/yr you would Probably get $600 for the H1 and $300 for the Kid = $900.
Case2
------
But if you have a Family of 3 (1 H1 , 1 EAD spouse , 1 Kid ) and your taxable income is < 150K/y you would get $600 + $600 + $300 = $1500
Comments Please - if this is incorrect !!
Will those spouses with SSN but not working qualify for this money or only one spouse who is actually working.
TIA
Since there are 12-20 mm illegal aliens and 1-2 million dependent spouses from a Lawmaker's perspective it some how makes sense - if not 100% fair.. It helps America and saves hard-earned money of american taxpayers from going to pocket of illegal aliens - so we have to digest this.
Case 1
-------
This is unfortunate but if you have a Family of 3 (1 H1 , 1 H4 and 1 Kid) and and your taxable income is < 150K/yr you would Probably get $600 for the H1 and $300 for the Kid = $900.
Case2
------
But if you have a Family of 3 (1 H1 , 1 EAD spouse , 1 Kid ) and your taxable income is < 150K/y you would get $600 + $600 + $300 = $1500
Comments Please - if this is incorrect !!
Will those spouses with SSN but not working qualify for this money or only one spouse who is actually working.
TIA
more...
makeup zac efron and vanessa hudgens
prem_goel
08-22 04:07 PM
it looks like they are not sparing the L1s from Indian MNC's either. Companies like Infy, Wipro, Satyam etc are having their L1 extensions' denied. One of the common reason they say is that you are working at the client's location, so the job profile is more like a H-1B worker, and not an L1 "Intracompany" transfer.
I know few companies like TCS have opened their own offices in NJ where they have L1 people come and work. I wonder if that's due to compliance with L1 requirements or what....
I know few companies like TCS have opened their own offices in NJ where they have L1 people come and work. I wonder if that's due to compliance with L1 requirements or what....
girlfriend Zac Efron, Vanessa Hudgens,
indianabacklog
04-24 01:45 PM
Now what does that mean?? They would become what legal kids are now? the only difference being; legal kids age out and ilegal kids never age out.
The problem we face is: This new adjustment of status applications will be considered independent, unlike those of our kids who are linked to the parents application.
to be completely safe an entirely new section has to be added:
the Secretary of Homeland Security may cancel removal and adjust to the status of an alien lawfully admitted for permanent residence; an alien who lawfully entered the US prior to attaining 16 years of age on a dependent visa subject to the conditional basis described in section 5 if the alien demonstrates that bla bla bla......
It sounds so simple when you put it like that. You are correct of course since if the act is not clarified it is left open to interpretation and we know how that has helped the current immigration system?
With regard to writing for the new website I honestly would have little time to write from scratch (have two jobs to keep up with tuition costs for my aged out son) but would be happy to edit anything submitted. I assist with scientific writing in my real job so do loads of editing and proof reading. If that would help count me in.
The problem we face is: This new adjustment of status applications will be considered independent, unlike those of our kids who are linked to the parents application.
to be completely safe an entirely new section has to be added:
the Secretary of Homeland Security may cancel removal and adjust to the status of an alien lawfully admitted for permanent residence; an alien who lawfully entered the US prior to attaining 16 years of age on a dependent visa subject to the conditional basis described in section 5 if the alien demonstrates that bla bla bla......
It sounds so simple when you put it like that. You are correct of course since if the act is not clarified it is left open to interpretation and we know how that has helped the current immigration system?
With regard to writing for the new website I honestly would have little time to write from scratch (have two jobs to keep up with tuition costs for my aged out son) but would be happy to edit anything submitted. I assist with scientific writing in my real job so do loads of editing and proof reading. If that would help count me in.
hairstyles Actor Zac Efron and his
americandream
05-02 07:09 PM
Indio 0617
Please check with the lawyer for confirmation but I believe the experience has to be Post Bachelor's .
Konstantin
If your bachelor's is 4 years and you have 5 years of post Bacculerate expeirnce ...you do qualify for EB-2 provided the job requirement also meet EB-2 requirements
Please check with the lawyer for confirmation but I believe the experience has to be Post Bachelor's .
Konstantin
If your bachelor's is 4 years and you have 5 years of post Bacculerate expeirnce ...you do qualify for EB-2 provided the job requirement also meet EB-2 requirements
ramus
06-13 08:20 PM
anybody knows how long it will take to do medical...
saimrathi
07-03 04:12 PM
No, they arent dead..
Should we also send one casket too? They can send back our rejected applications in it.
Should we also send one casket too? They can send back our rejected applications in it.
0 comments:
Post a Comment