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I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
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(1) Do we get the letter from the muncipal office from the place of birth or we can get from the muncipal office that we are presently residing. (birth was in UP , residing in TN)
(2)What is the letter for , is it for birth certificate or for non availability of birth certificate.
(3) Is there any body who has gotten a letter post a copy. (after removing personal details.)
This is gthe time - please please please step out and start helping IV to help yourself.
IV is one voice and be a part of this voice - collectively we can all shout loud enough so that even the deaf can hear us.
So please step up and help us. IV needs you all. IV needs your support.
Please participate in the admin fix campaign and make it a success.
Please keep this thread high up by pledging support and posting your action towards this campaign.
Since there was talk of the HR 5882 being taken up in two months time in a lame duck session, I thought it might be helpful to have this on this page.
Source = http://usgovinfo.about.com/od/uscongress/a/lameduck.htm
Lame Duck Sessions of the U.S. Congress
Once rare, now commonplace
By Robert Longley, About.com
Lame duck sessions of the U.S. Congress happen in even numbered years when Congress has to reconvene following the November general election to take care of unfinished legislation. Some lawmakers who return for this session lost their bids for reelection and will not be in the next Congress. Hence, they are informally called "lame duck" members participating in a "lame duck" session.
The possibility of lame duck sessions of Congress began in 1935, when the 20th Amendment1 to the U.S. Constitution2 took effect. Under this amendment, ratified in 1933, regular sessions of Congress begin on January 3 of each year, unless Congress passes a law in the previous session changing the date. Also, the terms of members begin and end on January 3 of odd-numbered years. Under these arrangements, any meeting of Congress between election day in an even-numbered year and the following January 3 is considered a lame duck session.
Why lame duck sessions are bad
Lame duck sessions are never desirable. Defeated lame duck lawmakers, knowing they will not have jobs in the new Congress, either tend to "just go through the motions" while debating and voting on remaining important legislation or, in worse cases, attempt to hinder or even damage the lawmaking process. On the state level, the legislatures of only 11 states even allow lame duck sessions.
By far the most dismal scenario for a lame duck session is whenever one of the two major political parties has taken away majority control of one or both houses of Congress from the other party, as happened after the 2006 mid-term election, when the Democrats won control of both the House and Senate from the Republicans. In these instances, with political tempers already running hot, the temptation for lame duck members to vent their frustrations by working to stall good bills, while turning bad bills into worse laws, becomes even greater.
Why lame duck sessions happen
Once rare, lame duck sessions have become all too common. The final days of the 109th Congress in November and December of 2006 became the 16th lame duck session since 1940.
The typical "target" date for the annual adjournment of each session of Congress is during the first week in October. The target adjournment date has become a total myth in recent years. The first session of the 109th Congress, for example, did not achieve final adjournment until Dec. 22, 2005.
During far too many recent years, the main reason for lame duck sessions has been Congress' failure to complete its work on the spending, or "appropriations" bills that form the basis of the annual federal budget. By law, the federal budget process3, including passage of the spending bills, begins the first Monday in February of each year and should be concluded by October 1st, the start of the federal government's Federal Fiscal Year. Failing to pass the spending bill by October 1, Congress is compelled to pass "continuing resolutions4," legislation that allows the government operate temporarily without an approved budget at the previous year's spending levels.
Lame duck sessions: some bad, some not so bad
Some sessions are not particularly productive, often because of political disputes and the difficulties of reaching legislative decisions in a post-election environment. In 1982 and 2002, for example, Congress returned after the November election in part to complete work on most of the spending bills. In each case, it failed to do so and the new Congress had to enact large continuing resolutions to fund government operations for the fiscal year already in progress.
Other lame duck sessions, such as the one held in 1980, have been more productive. On that occasion, Congress approved budget resolution and reconciliation measures, five regular appropriations bills and a continuing resolution, an Alaska lands bill, a landmark environmental cleanup "superfund" bill, a measure extending revenue sharing, a revision of military pay and other benefits, and a bill changing the appointment power of the Senate President pro tempore.
This About.com page has been optimized for print. To view this page in its original form, please visit: http://usgovinfo.about.com/od/uscongress/a/lameduck.htm
�2008 About.com, Inc., a part of The New York Times Company. All rights reserve
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especialy be careful with hard country limit and other related issues, It can take a turn for worse and end up EB organizations with different national backgrounds fighting for a slice in a pie rather than getting it bigger enough to hold everyone.
Ethnic diversity is good for IV, and we should encourage everybody to join regardless of their origin!
AAPI is not an EB related organization - it is a professional organization like the AMA, but all of its members are of Indian origin!
AAPI and its President agreed to this role / endorsement after they were approached for their support. Some doctors who are members of IV, are also members of AAPI. In return, they will not be getting anything - what can IV give an organization that is over 25 years old? Their meetings are attended by all kinds of lawmakers - including Presidents (of the US)! It would be foolish to not want their help - but then IQ scores are not a prerequisite for posting on IV Forums!
BTW, only docs who are affected are from India & China - all docs fall under EB2! (And, also STEM!)
FYI - doctors who worked to advance IV's goals travelled on their expense, even cross-country, to attend an AAPI meeting and it proved very fruitful in many ways to advance IV's causes. When this meeting was being held, the STEM provisions had already been included in all drafts - and these docs did not need to do anything else! Yet, these docs travelled to try & advance all of IV's goals!
If somebody has objections to country quota limit removal - take it up with the Core group & rest of IV!
We need help from everybody in this fight! AAPI can only help IV, not the other way around!
I do not understand these misgivings about AAPI's endorsement at all - am I missing something? This endorsement came after a lot of effort from a lot of people, and was actually initiated at the request of key members of the Core Group!
or better yet... u can avoid all this adjucation crap and convert to consular processing (from ur home country) -- find out from a good lawyer to see if conversion is possible. if u r going to be out of US for 5 yrs, why would want to continuously renew EADs and APs anyway?
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The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
There was an article @ immigration-law on it.. and then some subsequent discussion on IV..
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- Does legalized illegals really pay taxes?
- what is the possibility that they don't depend on Gov from the day they get their Citizenship?
- Illegals are here from more than 10 years....do the average age is around 40'.... they may work for 10 more years and then depend on Gov.
It is a know truth the advantage of giving GC to Legal EB's then Illegals but as you said we need clear message posted....
We see a lot of these articles every day praising illegal immigration. How about creating a google group with volunteers that will pick up such similar articels and post a rebuttal, either online or through another website?
The one we discussed yesterday was about how illegals contribute to the economy by paying $1.5 Billion in income tax for an estimated 15-20 million illegals.
This was estimated from the 2010 Census data.
We could initially post these rebuttals online on probably a section of the IV website and also send it to other news sites.
People who are good at parsing excel/MDB, csv sheets will be useful.
Most people are not aware of our issues and contributions to society.
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This is not so that people can finger point but so that people who have not paid are "tempted" and people who have made major contributions are recognized.
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My computer crashed several times after that and I had to reinstall OS to get rid of this virus. I am now in the process of installing all softwares again. All my strong anti-virus defense systems failed to stop this virus.
I got identical symptoms yesterday.. Have Mcafee..but after clean-up and rebooting my laptop won't come up..
Only reason am even writing is from my guilt of getting upset and blaming my young daughter who used the laptop just after I checked IV site. Other than getting the laptop back and make amends with my daughter have to see impact of data loss.
Hope this really does not happen again...
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I heard good words for this attorney, but I am not his client.
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The Doctor admitted his mistake.
He completely forgot to mark the TB test earlier.
He was ready to back date to avoid more inconveniance to me.
But I told him to be sincere in all aspects.
I basically forced him to give my wife a TB test again and also the x-ray.
Now the plan is to submit all this information with a nice letter which states that the doctor had forgotten things last time etc etc.
Hopefully they will mark the case as - resume processing.
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I still hope for the day....
HOW do u hope my friend....you and I and ......our people, are who elected these cheats who have no morals, have stifled judiciary and its free for all...
When all of us Indian Citizens say NOW....not i hope tomorrow blah blah..someone will come....
are u waiting for Kalkee avataar....DONT.............. Become One...and bring change...
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If you expect 200 people to find relief for 1 million so called high skilled immigrants present in United States, may be you need to wake up and do some reality check. Just checking IV 50 times a day for an update will not bring any relief, if that's what you are counting on. No wonder we are yet to see any relief whatsoever.
--for you only.please read below the reply posted by fellow member franklin--
First off - I have contributed, but here is an explanation of my initial reluctance to do so and possibly why I haven't contributed more than I have, since you asked.
I have often been offended by the tone and bias on this board, when it is plainly evident that the majority of power posters think their own situation as being the only thing that should be resolved, alienating others as a result.
Don't tell me to donate by spending less money on stuff that culturally I never do, or refer to people that I know little about - all for cultural reasons. It was this thread that spurred me to contribute, and ironically, this thread that also offended me first. I still haven't forgotten that.
Wonder how else you alienate people? Try posting in a language that isn't English.
Regarding the recent pledge drive in particular, it gives me a nasty taste in my mouth since it stings of hypocrisy that I can't get over. A similar one was attempted by a member here (which I signed up for), using the ""I will donate $10 monthly to Immigration Voice for one year but only if 1,000 other people will do the same."
That effort, although endorsed by the core group, got 88 people to vote, and was criticized in these very forums as being a waste of time, or not the proper way to do it. Of course, fast forward a few months and now look...
I also find it distasteful to have to read through threads that could be of some importance or value, but find that good chunks are just "Hey, look at me, look at how much I contributed"
So, since I'm all bitter and alienated , why did I actually contribute?
Every time I get annoyed or offended by someone's insensitive or cultural narrow mindedness, I try to ignore it and remind myself that that single person does not represent the values of the core group and this organization as a whole. It gets challenging.
Please don't flame me, I am trying to be honest
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I wish IV could set up a Paypal etc. account for my event where folks could directly contribute.
I hope you have progressive experience (it means, growth within the company, as you gain years of experience). This is essential. Other than that, you should be good.