2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.
3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.
Not a legal advice.
You are right about the dependent/derivative thing - it was my misunderstanding.
The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df
Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm
"(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission."
Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.
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Some liberal lawmakers believe the way to accomplish their goals is for Reid to put even more pressure on Republicans to break. Democratic Rep. Barney Frank of Massachusetts, chairman of the House Financial Services Committee, said Reid should do more to "highlight who's obstructing."
"The one issue people have with Harry Reid, he's not embarrassing enough people," Frank said.
Jennifer Duffy, who analyzes Senate politics for The Cook Political Report, a nonpartisan firm in Washington, said the problem for Democrats isn't that they haven't delivered much more than the Republicans.
"It's that voters don't see a difference," Duffy said. "Voters are coming to the conclusion the parties are the same - not philosophically the same, but they conduct themselves in the same way."
Trying to end a war
Six weeks into the new Congress, as the promises of comity began to fade, Reid pulled a dramatic maneuver: He kept the Senate in session over Presidents Day weekend for a Saturday vote on Iraq.
Nine Republicans failed to show up, including Nevada's John Ensign, who was back home playing golf with his son. The Republican whip, Sen. Trent Lott of Mississippi, praised the absences, saying the senators were right to gum up a vote that his side saw as a stunt.
The measure opposing Bush's troop surge failed to get 60 votes needed to advance. But it helped set the stage for a poisoned atmosphere that would dominate the Iraq debate for the year.
The Senate conducted 34 votes on Iraq. Only once did a measure to bring troops home succeed. Bush vetoed it.
Critics say Reid spent too much time on Iraq, that it became personal. He called it "Bush's war" and "the worst foreign policy blunder in the history of our country."
By spring, as it became clear he could not find enough votes to override the president on Iraq votes, he embraced the party's left wing by putting his name on a bill to cut off troop funds.
Vote after vote only hardened Republicans' resolve.
Anti-war activists grew furious with Reid. All the while, the clock ticked down and other business went undone.
"If you're going to criticize him, you can criticize him for allocating so much floor time to the debate when it was pretty clear it wasn't going to accomplish anything," Mann said. "And you can criticize him for his emotional investment."
Could Reid really have stopped trying? Opinion polls show that more than two-thirds of Americans continue to oppose the war.
The real question is whether Reid missed an opportunity to broker middle ground. As Republicans started speaking out against Bush's war policy in the summer months, Reid failed to entertain a more moderate bill - one without a withdrawal deadline - that could have peeled Republicans away from Bush.
Republican Sen. Susan Collins of Maine, who faces a tough reelection in 2008, said she finds it "frustrating that those of us who were trying to find a bipartisan path forward on Iraq were unable to get votes on our proposals. I think there was an opportunity to change the course in Iraq, and to send a strong message to the president about the future direction, but that opportunity was lost."
Julian Zelizer, a professor of history and public affairs at Princeton University who has written extensively on Congress, said leaders are judged by the choices they make. In his view, Reid made a mistake.
"The criticism the Democrats have been facing is they weren't aggressive enough," Zelizer said. "I think the bigger failure was that he didn't get something more moderate through. I think it would have been a blow to the administration."
By fall the mood in Congress shifted as news from Iraq improved. The moment had passed. Before Congress left for the holidays, lawmakers approved another war funding bill, with no strings attached.
"Great leaders realize there are just moments, windows of opportunity," Zelizer said, "and I think he missed."
Reid remains optimistic about his chances for securing Republican support in 2008. "We're going to continue putting the pedal to the metal," he said at his year-end news conference.
But the Democrats and Reid are clearly trying to find their way under the new terms of the Iraq debate.
The Senate chaplain, a retired Navy rear admiral, opens each day's business with a prayer. On the last Monday of the session, he called on God to remind the senators "that ultimately they will be judged by their productivity."
The Senate had become gridlocked. Reid had threatened to do cartwheels down the aisle if it would help shake things loose.
Democrats had accomplished plenty this year - raising the minimum wage for the first time in a decade, adopting the most sweeping ethics laws since Watergate, crafting the greatest college loan assistance program since the GI bill, increasing automotive fuel efficiency standards for the first time in 30 years and providing unprecedented oversight of the Bush administration, leading to the resignation of the beleaguered attorney general.
Congress worked more days than in any session in years.
But all that seemed overshadowed by what it couldn't do. Stop the war. Provide health care for working-class kids. Address global warming by rolling back oil companies' tax breaks. Start a renewable energy requirement. End the torture of war prisoners.
Even passing the budget to keep the government running seemed dicey.
"It's been a really lousy year," said Norman J. Ornstein, a scholar at the American Enterprise Institute.
In this hyper-partisan environment, where Reid liked to say Republicans were conducting "filibusters on steroids," could another kind of majority leader have achieved better results?
Republican Sen. Chuck Grassley of Iowa, who was among those leading efforts to provide children's health insurance, said if not for Reid, the State Children's Health Care bill known as SCHIP wouldn't have progressed as far as it did.
Dozens of Republicans crossed party lines to back the bill, which polls show was supported by 70 percent of Americans. Children's health care would have been paid for by increasing the tax on cigarettes. Bush vetoed the bill twice.
Democratic Sen. Patrick Leahy, chairman of the Judiciary Committee, said even if "God himself" were in the majority leader's job, it would not have been a match for Republican obstructionism. Mann sums up Reid this way: "Were Tom Daschle and George Mitchell sort of smoother, were they more effective with the Washington press? You betcha. Could they make a more compelling, favorable case? Yes. Would either of them operating in this environment have a much more productive record? No."
By the office fireplace again
People say running the Senate is like herding cats, with 100 Type-A personalities going in every direction. But watching the Senate feels more like being at a baseball game - so much drama happens between the big home runs and base hits, even when it looks like nothing is going on at all.
The fire continues to burn strongly in Reid's office as snow covers the Capitol grounds. The workday is coming to a close. The Senate adjourns earlier than usual, without having taken a single roll-call vote. Christmas is almost here, and countless bills still needed to pass.
Reid is not one for regrets, or for comparing himself to those who held the office before his arrival.
"I can't be an Everett Dirksen, I don't have his long white hair, I don't have his voice. I can't be Mike Mansfield, I don't smoke a pipe," he says. "I just have to be who I am."
Reid's home state has benefited substantially from his rise to the majority leader's job, as Nevada has enjoyed financial and political gains from being home to arguably the nation's top elected Democrat.
But on the national stage Reid sees little more he can do when faced with Senate Republicans willing to stand beside Bush, even as they're "being marched over a cliff" for the next election.
He recalls his first alone time with Bush, years ago. "He was so nice, 'I'll work with you, try to get along with Democrats.' That's Orwellian talk. Because everything he said to me personally was just the opposite ... This is not Harry Reid talking, this is history.
"I try to be pleasant, he tries to be pleasant," Reid continued, "but there's an underlying tension there because he knows how I feel, that he's let down the American people by being a divider, not a uniter."
He holds no hard feelings against Pelosi for setting an ambitious agenda. "Next year she will better understand the Senate than she did this year."
In 2008 he has two legislative goals: "I would like to get us out of Iraq," he said. "I'd like to establish something to give Americans, Nevadans, the ability to go to a doctor when they're sick."
And one day, when this job is done, "I wouldn't mind being manager of a baseball team."
Most of the answers in this thread point that you need to have a good life when you and your kids are young. Not for people who want to get money out of an investment.
Also a reply suggests what you can do in worst case.
Don't count how many days you are going to be in this country, but live every day for you and your family.
I am sure you were not born in this country and brought up. Think about the enjoyment you had when you were young. Playing with 10 kids of your age everyday, running stairs up and down, cycling around the communities. Don't our kids deserve the same?
They should not end up as "GC" victims.
I just decided its my responsibility to give them a good living environment when they are young if I can. I dont' care about downpayment. If I was good enough to save the downpayment amount in 4 years, surely I can earn it back in 2 years somewhere in worst case scenario.
Credit score? Sorry, I already built the score and bought the home, now I have many other things to worry about in life.
2011 Know the Signs of a Heart
This guy is just after his ratings nothing else...his book explicitly quotes that H1b and L1 visa holders do not pay any taxes and transfer all the money home. (CNN has a few hundreds of them on H1b)
When there was a huge debate on illegal immigration he quoted he was all for legal immigration. The only way one can legally immigrate with skills is via H1b visa and he is against it.
When the debate is on illegal immigration, the former immigrants and their descendants will chant "We love legal immigrants". When the focus shifts to legal immigration, suddenly they don't want any immigration. Their argument is "If bus is full , we don't need more passengers" . Likewise USA is "full" with former immigrants and their descendants , so don't need more immigration.
If supply is squeezed somehow, the demand will increase. But poor fellows, if businesses can't get qualified numbers , it will accelerate outsourcing.
Ask current underwater home owners how much pleasure are they deriving from their owned home. Day to day pleasure of living may come from the size and the quality/amenities of the house you stay in, whether you own it or rent it is immaterial. If you can rent the same house for 50% of your monthly mortgage and on top of it never have to worry about declining home prices why would you be more happy owning it? Plus "owned" house is a little bit of misnomer here. Unless you have paid it off 100% it's not really your own. Rental property is owned by landlords and your "owned" home is in reality owned by your bank. Miss couple of payments and net results are very similar.
Don't get me wrong. In rational market owning home is the easiest way to build up wealth but I can't stress the "rational" part of it enough. Although in most areas the excesses of housing bubble are washed away by now in some areas (like good school districts in Bay Area) the prices are still not aligned with the fundamentals like rents for similar properties and average annual incomes. Also renting has one huge advantage right now in this era of rapidly rising unemployment. You are mobile. You can easily move wherever you can find your next job.
In long run it is always better (IMHO) to own than to rent. But in the short term - for next 1-2 years - I see no compelling argument to buy home unless you land a steal somehow. Sentimental red herrings like "pride and joy" of ownership is definitely not a way to go about making the biggest financial decision of your life. The fact that realtors use this exact phase so often should give you a clue!
I went back and read some of posts from Marphad. "Marphad" hold very Extremist Communal Views not appropriate for this forum. He has given so called "RATIONAL" explanation in SUPPORT of TERRORISTS involved in Gujarat massacres. I think he is holds some rational views and I try to see if I dig his personnel information and inform relevant authorities. He is crying out to be spanked
I will provide you whatever the information you want ;). I never had one sided communical views. Yes I hate people who directly or indirectly support terrorism. That includes people like Antulay (you are not in that list FYI :)).
The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.
On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.
The next day the same thing happened. On the third day again the same food bag of bananas was delivered.
The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'
The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!
Moral: Better to be a Lion in India than a Monkey elsewhere!!!
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OK..today morning I got a call from a lady voice saying she is from Immigration services..
The call ended by the time I realized my senses..here is the short story
Immig: We are verifying your details and need from information to process
Immig: WHo do you work for
Me: Blah Blah employer
Immig : Where do you work and who is your client
Me: Blah Blah
Immig: When did you first came to US. Where is Port of entry..
Me: blah blah
Immig: Do you have all of your IT contracts details.
Me: COntracts? Since they are property of my employer..I dont have.
Immig: We need to see your contracts with the clients..
Me: hmm...I can try but I dont know if I can get them
Immig: Well...It will help process your application..How fast we can process depends on how fast you can get those..
Me: OK..I will try..
Immig: Give me your email..I will drop in email with all info..you can reply back with copy of contracts
Me: Ok..blah..blah email
Immig: I need All phone numbers and all supervisors of all clients you worked with in US
Me: I gave all of the details..told her that I cannot vouch for the validity of phone numbers or emails, as I dont know if they work for the same company
Immig: Ok..done..I will send email..
Me: thank you
I this power play, I forgot to tell her that I already went through interview in aug08 and officer found everything correct. :confused:
Nevertheles..does anyone know what this is all about?
Why would they need this kind of information..I am not worried as such since I was never on bench or anything and have all LCAs all blah blah details.
Just curious :confused::confused:
My opinion on health care:
I don't understand why, anytime when they talk about universal health care system, they think the line is going to be long???? Its totally wrong. First of all, I went to emergency the other day to a hospital, i had to wait 4 hrs....there was a long line here too with the supposedly worlds best health care system. And its not an isolated case....I heard from many of my friends too...who had similar experience. My cousin lives in UK, and I asked him if its true they have to wait in big lines to see the doctors? he laughed at me and said its not true at all..they get very good care.
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We (IV Core) have no problem with dissent or discussion. Both gc03 and learning01 each expressed their opinions on reacting to Lou Dobbs.
On the issue of what to do about Lou Dobbs:
(1) Lou Dobbs is no friend of ours (immigrants) -- he absolutely doesn't make the list of people we should thank! A little googling will tell you more about Dobbs and his immigration politics. He is using this argument today to further his ends. Not just Dobbs but other anti-immigrants are on a divide and conquer path to kill this version of CIR.
(2) IV as a group has plenty else to do, so there will be no IV-wide response to Lou Dobb's comment of the day.
On the other hand, all of our members are individuals, and they are free to express their opinions by calling or writing, so long as they do not claim that these are the opinions of IV as a group.
Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.
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I guess this discussion is going on in a different direction.. "AC21 is the focus here" while we are at it, I want to ask if someone has seen a denial, just because someone used AC21 and the I-140 was not revoked.
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Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.
Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?
This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.
Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.
How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.
When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.
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... Charles decided he needed a woman to enjoy it with. Going to a singles' bar, he spotted a woman whose beauty took his breath away.
"I'm just an ordinary man," he said, walking up to her, "but in just a week or two, my father will die and I'll inherit 20 million dollars."
The woman went home with Charles, and the next day she became his stepmother.
... when will men ever learn!
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What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).
"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.
If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.
I hope i have made my point clear? Thanks.
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Did you mentiopn like Phani_6 that your lawyer filed Eb3 on advice from DOL inspite of you qualifying for Eb2?
Just because they have a position paper and a pdf file saying that they support US educated immigrants doesnt mean they do that.
If IEEE-USA really cared about US educated students, they would have put in a provision to raise the cap for US masters degree holders from 20,000 to 40,000. Did they do that in this bill? NO.
What created the 20,000 H1B visas for US educated students is lobbying by US universities. They saw a drop in student enrollment due to shortage of H1 visas in 2002 and 2003. Read the bureau of Immigration stats report to verify that drop in F1 visa demand from India and China in the early 2000s. Now its back up.
Ron Hira and IEEE-USA have systematically worked for nearly 10 years to eliminate H1B program. However, they are doing it in a way that makes them look like reasonable people and helps them mask their xenophobic and protectionist attitude.
This bill has been pretty much authored by xenophobes of IEEE-USA. If you look at the IEEE-USA website and what Sen. Grassley has been saying over the years, it has an uncanny similarity. Last year, IEEE-USA's insistence caused Sen. Grassley to put amendment in Jud committee to remove the provision of EAD for L1 spouses. Look at IEEE-USA's website and you will find remarkably similar material. Whether it was a justified and fair amendment, its a different issue.
Lately, IEEE-USA has been against H1B employees who go back to India and China. Some time ago, they were saying "When does temporary end and permenant begin"...meaning, what part of "Temporary" do H1B "temporary non-immigrant" workers do not understand. They were against H1B employees becoming permenant by seeking Greencards and wanted them to go back after 6 years.
Then they started opposing people who come here and go back because that is supposed to facilitate outsourcing. And IEEE-USA, like Lou Dobbs, hates outsourcing. So now they are unhappy even if H1B workers come here for 3-6 years and go back.
So in a nutshell, they(IEEE-USA) are against H1B employees if they :
1. Come here and stay here on GC.
2. Come here and go back.
3. Never come here but work for US companies and enable outsourcing.
So the people who oppose all 3 of the above...like RON HIRA of IEEE-USA basically does not want us to exist in hi-tech work. Probably they would want all Indian and Chinese engineers to work in fields and pick cotton.
Similary, Chuck Grassley has no problem with giving amnesty to illegals if they are agricultural workers. But in general he doesnt want too much immigration. So immigration is fine, as long as the brown people dont do white people's job. Immigration is good as long as brown people stick their brown asses in fieds picking cotton and stay away from that keyboard so that people like Ron Hira and his colleagues can get their 1990s back and write 4 lines of code per week and make $100,000 a year.
Rimzhim, this whole public policy thing is really not your cup of tea. You go and stick to whatever it is that you are doing and let the core group handle this issue. This elitist attitude of "I am masters, I am Ph.D" is splinting apart this organization and you are too obtuse to understand the twisted ways of IEEE-USA.
You know what is your problem?
From Ottaman, Genghis khan, Temur, to recently Laden all did terrorism to innocent people. When any person or nation protect this terrorism, you guys calling them terrorist!! Bush senior and Bush junior punish terrorist act, you are calling them terrorist. When Israel give answer, you are calling terrorism. When Narendra Modi react against Muslim terrorism, you calling him Terrorist. You guys only like people who don't give answer like current Indian government.
Now world has changed attitude. World has decided to compromise on Human right to fight with terrorism. Earlier only Israel has policy but after 911, many countries have policy not to negotiate with Plane Hijackers.
Now read following Australian PM's statement and call him terrorist. You if don't change your mind set, one day you will find board at every country; "Muslims are not welcome"
Read this Australian PM's bold statement.
Prime Minister John Howard - Australia
Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia, as the government targeted radicals in a bid to head off potential terror attacks.
Separately, Howard angered some Australian Muslims on Wednesday by saying he supported spy agencies monitoring the nation's mosques. Quote: 'IMMIGRANTS, NOT AUSTRALIANS, MUST ADAPT. Take It Or Leave It. I am tired of this nation worrying about whether we are offending some individual or their culture. Since the terrorist attacks on Bali, we have experienced a surge in patriotism by the majority of Australians.'
'This culture has been developed over two centuries of struggles, trials and victories by millions of men and women who have sought freedom'
'We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language. Therefore, if you wish to become part of our society Learn the language!'
'Most Australians believe in God. This is not some Christian, right wing, political push, but a fact, because Christian men and women, on Christian principles, founded this nation, and this is clearly documented. It is certainly appropriate to display it on the walls of our schools. If God offends you, then I suggest you consider another part of the world as your new home, because God is part of our culture.'
'We will accept your beliefs, and will not question why. All we ask is that you accept ours, and live in harmony and peaceful enjoyment with us.'
'This is OUR COUNTRY, OUR LAND, and OUR LIFESTYLE, and we will allow you every opportunity to enjoy all this. But once you are done complaining, whining, and griping about Our Flag, Our Pledge, Our Christian beliefs, or Our Way of Life, I highly encourage you take advantage of one other great Australian freedom, 'THE RIGHT TO LEAVE'.'
'If you aren't happy here then LEAVE. We didn't force you to come here. You asked to be here. So accept the country YOU accepted.'