shyamgedela
07-21 12:51 PM
I am new to this forum, so I am joining this tread.
Hello,
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa for 10 years
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Q2. If so, would I have to worry about getting the I-485 approved?
Q3. If not, should I filed for I-485 at all?
Q4. Any suggestions or possiblities to consider?
Thank you.
I found the Eligibility requirements for I-485 AOS in the Code of Federal Regulations here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c
You will find the eligibility list at 8 CFR Part 245, Section 1. Most of the eligibility requirements are based on the validity of your status since your last entry. There is a clause in there (8 CFR 245.1 (b)(10)) that seems a bit draconic but it seems to apply only to people who were working. I did not find clauses that search that far back into your status history but you might want to take a look yourself.
-----------------
Contrib $100
PD Aug 2006
I-140 AD Feb 2007
Applied for I-485 July 2
I am not a lawyer and am not responsible for the veracity of the claims related to immigration law I make in my posts, or their consequences. Please consult a lawyer for accurate information.
Hello,
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa for 10 years
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Q2. If so, would I have to worry about getting the I-485 approved?
Q3. If not, should I filed for I-485 at all?
Q4. Any suggestions or possiblities to consider?
Thank you.
I found the Eligibility requirements for I-485 AOS in the Code of Federal Regulations here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c
You will find the eligibility list at 8 CFR Part 245, Section 1. Most of the eligibility requirements are based on the validity of your status since your last entry. There is a clause in there (8 CFR 245.1 (b)(10)) that seems a bit draconic but it seems to apply only to people who were working. I did not find clauses that search that far back into your status history but you might want to take a look yourself.
-----------------
Contrib $100
PD Aug 2006
I-140 AD Feb 2007
Applied for I-485 July 2
I am not a lawyer and am not responsible for the veracity of the claims related to immigration law I make in my posts, or their consequences. Please consult a lawyer for accurate information.
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sugaur
12-09 07:31 PM
Thanks for posting the link.
1.4.6 A pregnant inmate shall not be restrained while in labor, while giving birth, or during the post-partum recovery period, unless requested by attending medical staff or as specifically directed by the Warden. If restraints are necessary in any manner under such conditions, they should be the least restrictive type possible to remain consistent with sound security practices.
So the warden can still order restraints.
1.4.6 A pregnant inmate shall not be restrained while in labor, while giving birth, or during the post-partum recovery period, unless requested by attending medical staff or as specifically directed by the Warden. If restraints are necessary in any manner under such conditions, they should be the least restrictive type possible to remain consistent with sound security practices.
So the warden can still order restraints.
hoolahoous
12-09 01:53 PM
So why dont you see that this is not about helping a fellow human being in need. Everyone should do that. The sheriffs dept took her to the hospital to ensure that in case there is any complication, things could be take care of. Why? Because its the law and the majority in this country respect the law. No one, even illegals, can be denied emergent care. This would not happen if she were in Mexico or India. No free medical care there, and no one gives a shit about the rights of prisoners there.
If every one decides to choose for themselves which law they will obey and which they will ignore, society can not exist. And as I pointed out in my previous post, this woman has a history of repeated violations of the law and is NOT a victim that this biased article tries to portray her as.
And your theory about child birth leading to near death like pain is absolutely baseless. Pain is a subjective phenomenon and what is expireinced as a 9/10 by some hysterical yuppy, will be a 0 to others. Childbirth is a NATURAL phenomenon. Ask your grandma and she will tell you how every one delivered without epidurals and caeserians at her time.
sorry but DOL's is not my theory. Looks like you never seem to have seen a child birth. It is an ACTUAL unit.
List of unusual units of measurement - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/List_of_unusual_units_of_measurement#Dol:_Pain)
also if everyone goes through same amount of pain, that doesn't reduce the intensity. Let me ask you once you get laid off when your wife is pregnant. I am sure that you know that as soon as you are off the job on H1, unless you had AOS, you are ILLEGAL from same instant. Let me see where your principals hold. Status is a piece of paper which is created by human.
And imagine tying the hands to a bar when delivering a baby. I wonder we complaint about cramped seats in plane when flying to India (unless you fly business class, then probably you don't need GC) but think that chained to bed when delivering a baby is perfectly okay !
There is a law for illegals and they should get the punishment (deported), but that doesn't mean we should go out of way to device our own punishments to 'teach a lesson' to 'these illegals'. There are some basic Human rights. Even POW's are supposed to be treated with those human rights.
If every one decides to choose for themselves which law they will obey and which they will ignore, society can not exist. And as I pointed out in my previous post, this woman has a history of repeated violations of the law and is NOT a victim that this biased article tries to portray her as.
And your theory about child birth leading to near death like pain is absolutely baseless. Pain is a subjective phenomenon and what is expireinced as a 9/10 by some hysterical yuppy, will be a 0 to others. Childbirth is a NATURAL phenomenon. Ask your grandma and she will tell you how every one delivered without epidurals and caeserians at her time.
sorry but DOL's is not my theory. Looks like you never seem to have seen a child birth. It is an ACTUAL unit.
List of unusual units of measurement - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/List_of_unusual_units_of_measurement#Dol:_Pain)
also if everyone goes through same amount of pain, that doesn't reduce the intensity. Let me ask you once you get laid off when your wife is pregnant. I am sure that you know that as soon as you are off the job on H1, unless you had AOS, you are ILLEGAL from same instant. Let me see where your principals hold. Status is a piece of paper which is created by human.
And imagine tying the hands to a bar when delivering a baby. I wonder we complaint about cramped seats in plane when flying to India (unless you fly business class, then probably you don't need GC) but think that chained to bed when delivering a baby is perfectly okay !
There is a law for illegals and they should get the punishment (deported), but that doesn't mean we should go out of way to device our own punishments to 'teach a lesson' to 'these illegals'. There are some basic Human rights. Even POW's are supposed to be treated with those human rights.
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shukla77
12-19 03:37 PM
I remember the suggestion from Pappu to call Senator's and HR's instead of writing or faxing. Clearly the last campaign had pretty strong support from IV members. Can we do the same thing and call ATLEAST 2 friends by end of week and convince them to contribute? I pledge to convince at least 10 friends by end of this week. .
more...
snvlgopal
03-06 12:54 PM
i like to contribute
qasleuth
02-25 12:15 PM
The idea needs to be taken to the next step, How about a conference call....I can provide a Bridge for the call
I am hoping realizeit is in the process of contacting IV core and will update us soon. If not, realizeit please update as to what you are planning on doing.
After IV core gives us the go ahead, I think we should take your offer on the bridge call.
I would also suggest, not sending any mails yet to Ombudsman till we form a plan of action.
Ofcourse, still eagerly waiting for desi3933 to get back to us with cold hard analysis to set us straight :)
I am hoping realizeit is in the process of contacting IV core and will update us soon. If not, realizeit please update as to what you are planning on doing.
After IV core gives us the go ahead, I think we should take your offer on the bridge call.
I would also suggest, not sending any mails yet to Ombudsman till we form a plan of action.
Ofcourse, still eagerly waiting for desi3933 to get back to us with cold hard analysis to set us straight :)
more...
sanju
02-26 09:14 PM
On a positive note, the best that we can do is, learn from our surroundings. We can learn a lot from Republicans to understand what not to do.
One of the main reason why Obama enjoys high rating - Republican party sucks. Who is making Republican party look bad - Republicans. The best response to Obama is not to pitch twisted Jindal against Obama, because that just makes Obama look good and it help Democrats. The better response to Obama is, let Obama respond against Obama. So simply don't respond to Obama, which will prevent Republicans making him look good. And like every politician, Obama will commit mistakes, which will cause the demise of Democrats. Its that simple. So what do we learn from this?
.
One of the main reason why Obama enjoys high rating - Republican party sucks. Who is making Republican party look bad - Republicans. The best response to Obama is not to pitch twisted Jindal against Obama, because that just makes Obama look good and it help Democrats. The better response to Obama is, let Obama respond against Obama. So simply don't respond to Obama, which will prevent Republicans making him look good. And like every politician, Obama will commit mistakes, which will cause the demise of Democrats. Its that simple. So what do we learn from this?
.
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jignesh5
07-17 07:07 PM
i know we desis.. once our work is done .. we will not turn back to IV again...
PLEASE do not do that..
PLEASE do not do that..
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Leo07
12-02 10:30 PM
>>>>>>>bump<<<<<<<<<<
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amitjoey
12-19 03:26 PM
80 contributors and we are rolling
c'mon people..............
give what you can!
if 20 is it, no shame there, every bit counts and that's not just a cliche
if you can do more, then by all means please do so.
we are not even halfway to our financial target and the session begins soon.
Every bit counts, if you want to start - start with atleast $20.
c'mon people..............
give what you can!
if 20 is it, no shame there, every bit counts and that's not just a cliche
if you can do more, then by all means please do so.
we are not even halfway to our financial target and the session begins soon.
Every bit counts, if you want to start - start with atleast $20.
more...
ItIsNotFunny
03-06 11:11 AM
Based on multiple PM to me on this issue:
I am trying to set up something with IV so that the contribution specifically will go for this cause. Any access money will be transferred to IV regular account. I will publish the account summary at the end of effort for transparency reasons.
I am trying to set up something with IV so that the contribution specifically will go for this cause. Any access money will be transferred to IV regular account. I will publish the account summary at the end of effort for transparency reasons.
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dvb123
07-09 08:10 PM
I understand that IV leadership is agains't lawsuits because they take time. However most of the timelines immigration lawsuits are of 1 to 2 years time.
http://www.supremecourtus.gov/opinions/06pdf/05-547.pdf
http://neuro.law.cornell.edu/supct/search/display.html?terms=illegal%20immigration&url=/supct/html/00-767.ZS.html
http://neuro.law.cornell.edu/supct/search/search.html?query=illegal+immigration&scope=onlysyllabi
We have a number of things to argue in a lawsuit. One can be the double dipping thing that a USCIS official himself agreed.
http://www.murthy.com/news/n_empbas.html
Then the lost visa numbers due to USCIS inefficiency can also be argued. There is a slim chance of visa bills being passed. Those people who are counting on Comprehensive Immigration Reform bill to pass there is a very slim chance also because Zoe Longfren herself told in a TV interview that anti immigrant groups are very strong now. The OPT lawsuit is the best example of hue and cry that anti immigrant groups are making.
http://www.supremecourtus.gov/opinions/06pdf/05-547.pdf
http://neuro.law.cornell.edu/supct/search/display.html?terms=illegal%20immigration&url=/supct/html/00-767.ZS.html
http://neuro.law.cornell.edu/supct/search/search.html?query=illegal+immigration&scope=onlysyllabi
We have a number of things to argue in a lawsuit. One can be the double dipping thing that a USCIS official himself agreed.
http://www.murthy.com/news/n_empbas.html
Then the lost visa numbers due to USCIS inefficiency can also be argued. There is a slim chance of visa bills being passed. Those people who are counting on Comprehensive Immigration Reform bill to pass there is a very slim chance also because Zoe Longfren herself told in a TV interview that anti immigrant groups are very strong now. The OPT lawsuit is the best example of hue and cry that anti immigrant groups are making.
more...
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sugaur
12-09 03:07 PM
Sugaur, here, try some history:
[url=http://en.wikipedia.org/wiki/Mexican%E2%80%93American_War]Mexican–American War - Wikipedia, the free encyclopedia[/url
There are far more complex issues/mindsets involved as to why people do what they do. Placing yourself "in their shoes" and analyzing is not good enough in this context. Your analogies of breaking and entering a house/raiding your fridge are incomplete/shallow and hopefully you will change your perspective after reading the history between these two countries.
Nevertheless, it is what it is today in terms of geographical distribution of land and I am not suggesting, Mexicans have rights over California/Texas.
So why bring it up at all? l have lived in Texas in hispanic majority communities. I havent met any who want california or texas to be a part of mexico. If we start bringing history into it, then the only people who should be here are the native americans.
What I am suggesting is that motivations for what people do can vary a lot and folks like you and I who come here on H1/F1 or whatever after completing our fancy degrees, can never understand certain ground realities.
You are wrong. The CHIEF motivation which brings you and me here AND the mojority of illegals is the same, the chance of economic prosperity and a better life. Even illegals will admit this. They dont come here because they think it belongs to them. Every nation has a right to make and enforce its immigration laws and every prospective immigrant has a duty to follow those. Immigration to the US is a privilege, not a right.
Looking everything via a legal/illegal magnifying glass can get you only so far. Basic respect for human life is extremely important without which there will be no difference between us and barbarians.
She got all the medical care she needed, on tax payer money. That is showing respect to human rights. How about her duty to follow the law of the land?
As you have started going this route of discussing the merits/demerits of this case and comparing with our situation, I would strongly recommend to let this go. You and I and many others here, do not have the knowledge of discussing these complex issues.
You insist on making it sound more complex than it is. It really isnt. Whats right is right and whats wrong is wrong.
The sheriff's treatment of illegals has little to do with law and order and has more to do with his personal hatred for Hispanics. It is documented where the Sheriff has made statements to the affect of calling these folks animals, disease carrying, who smell and dress up like animals etc.
This is propaganda. In this country no one can get away with doing what you claim he does. Shackling a pregnant woman when she is delivering is another example of the same attitude. You condoning that fact by statements like "woman is perfectly capable of delivering with a leg shackled" is just pathetic. It is not always about your 'legality/illegality' or your brilliant career or fantastic green card. Just pathetic.
What is pathetic is your blindness to discern right from wrong.
[url=http://en.wikipedia.org/wiki/Mexican%E2%80%93American_War]Mexican–American War - Wikipedia, the free encyclopedia[/url
There are far more complex issues/mindsets involved as to why people do what they do. Placing yourself "in their shoes" and analyzing is not good enough in this context. Your analogies of breaking and entering a house/raiding your fridge are incomplete/shallow and hopefully you will change your perspective after reading the history between these two countries.
Nevertheless, it is what it is today in terms of geographical distribution of land and I am not suggesting, Mexicans have rights over California/Texas.
So why bring it up at all? l have lived in Texas in hispanic majority communities. I havent met any who want california or texas to be a part of mexico. If we start bringing history into it, then the only people who should be here are the native americans.
What I am suggesting is that motivations for what people do can vary a lot and folks like you and I who come here on H1/F1 or whatever after completing our fancy degrees, can never understand certain ground realities.
You are wrong. The CHIEF motivation which brings you and me here AND the mojority of illegals is the same, the chance of economic prosperity and a better life. Even illegals will admit this. They dont come here because they think it belongs to them. Every nation has a right to make and enforce its immigration laws and every prospective immigrant has a duty to follow those. Immigration to the US is a privilege, not a right.
Looking everything via a legal/illegal magnifying glass can get you only so far. Basic respect for human life is extremely important without which there will be no difference between us and barbarians.
She got all the medical care she needed, on tax payer money. That is showing respect to human rights. How about her duty to follow the law of the land?
As you have started going this route of discussing the merits/demerits of this case and comparing with our situation, I would strongly recommend to let this go. You and I and many others here, do not have the knowledge of discussing these complex issues.
You insist on making it sound more complex than it is. It really isnt. Whats right is right and whats wrong is wrong.
The sheriff's treatment of illegals has little to do with law and order and has more to do with his personal hatred for Hispanics. It is documented where the Sheriff has made statements to the affect of calling these folks animals, disease carrying, who smell and dress up like animals etc.
This is propaganda. In this country no one can get away with doing what you claim he does. Shackling a pregnant woman when she is delivering is another example of the same attitude. You condoning that fact by statements like "woman is perfectly capable of delivering with a leg shackled" is just pathetic. It is not always about your 'legality/illegality' or your brilliant career or fantastic green card. Just pathetic.
What is pathetic is your blindness to discern right from wrong.
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jthomas
03-07 02:34 PM
Let me know how to send $25/-
Jose thomas
Jose thomas
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santb1975
11-29 01:33 AM
I got this email from one of the So. Cal IV Members after requesting for donations for local chapter activities. I thought this was interesting and should share with Everyone
************************************************** *
Great to see the so cal members contributing....(3 days)
($10*10members) / Total members(100) = 1 dollar/member (and would surely increase)
Whereas in IV website (2 week)
$1185 / 25000 members = 4.7 cents/member
Just a thought..... its TRUE......
************************************************** ****
************************************************** *
Great to see the so cal members contributing....(3 days)
($10*10members) / Total members(100) = 1 dollar/member (and would surely increase)
Whereas in IV website (2 week)
$1185 / 25000 members = 4.7 cents/member
Just a thought..... its TRUE......
************************************************** ****
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vandanaverdia
09-08 04:57 PM
I couldnt agree more.
Lets channelize our energy to what holds MOST IMPORTANCE AT this time & that is getting more people at the rally.
Lets channelize our energy to what holds MOST IMPORTANCE AT this time & that is getting more people at the rally.
more...
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ItIsNotFunny
03-08 09:10 AM
Do we have any updates on where to send the check?
I have one message from Pappu that they have some updates on this. I don't know any details so far. Hopefully we will get some account information soon! If not, we will see how to create a pool account for this and then submit to IV. One thing is for sure, I don't think we can not afford loosing this golden opportunity. I don't want to loose this to bureaucracy.
Thanks everyone for support. So far pledge is $4300. We are close!
I have one message from Pappu that they have some updates on this. I don't know any details so far. Hopefully we will get some account information soon! If not, we will see how to create a pool account for this and then submit to IV. One thing is for sure, I don't think we can not afford loosing this golden opportunity. I don't want to loose this to bureaucracy.
Thanks everyone for support. So far pledge is $4300. We are close!
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helpisontheway
02-25 12:25 PM
Can we get the Stubborn IV Core moving :mad:?
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nixstor
08-22 10:29 AM
Guys,
This was well expected. DOS will move the PD's in such a way that 300 applications will be eligible for adjudication when 100 visa numbers were available. At this point in the fiscal year, they don't care about who gets it and all USCIS wants is max utilization.
Don't worry about what IO's said on the phone or at Info pass. No one knows what is happening with 485 adjudications in the last two months.
IMO, DOS should have done a better job with the movement. Jump of Apr 04 to Jun 06 was too much for CIS to handle. Instead of the one month increments in the previous bulletins, DOS should have moved 2 months at a time. Would have made it a little less chaotic. I guess it does not matter.
This was well expected. DOS will move the PD's in such a way that 300 applications will be eligible for adjudication when 100 visa numbers were available. At this point in the fiscal year, they don't care about who gets it and all USCIS wants is max utilization.
Don't worry about what IO's said on the phone or at Info pass. No one knows what is happening with 485 adjudications in the last two months.
IMO, DOS should have done a better job with the movement. Jump of Apr 04 to Jun 06 was too much for CIS to handle. Instead of the one month increments in the previous bulletins, DOS should have moved 2 months at a time. Would have made it a little less chaotic. I guess it does not matter.
WeldonSprings
08-21 06:20 PM
Also, you mentioned in one of your earlier posts- That you have received 3 EAD cards for 2 people!!!:D
Originally Posted by cableching
Today I rceived someone else's EAD. We received three EADs, one each for me and my wife and another adressed to me with EAD inside being some one else's.
Weired ways of USCIS!!!!
I shall call USCIS and notify them of this.
All I did was posting it in August EB2 India/China approvals thread about what I read and heard from an IO. Just to inform people. This visas are not available only for India/China and not for other countries????
If people think it is not appropriate, the admins can delete all the related posts and threads.
Originally Posted by cableching
Today I rceived someone else's EAD. We received three EADs, one each for me and my wife and another adressed to me with EAD inside being some one else's.
Weired ways of USCIS!!!!
I shall call USCIS and notify them of this.
All I did was posting it in August EB2 India/China approvals thread about what I read and heard from an IO. Just to inform people. This visas are not available only for India/China and not for other countries????
If people think it is not appropriate, the admins can delete all the related posts and threads.
Tortoise
08-12 03:16 PM
I had 2 soft LUDs in Aug 26 and 27 in 2008 for all of 3 applicants on that day not sure they are for what..that time I was in India using AP.
Another guess is my file may have been pre-adjudicated thats why I had see 3 LUD's as other 2 applicants didn't treavel to India only myself.
Another guess is my file may have been pre-adjudicated thats why I had see 3 LUD's as other 2 applicants didn't treavel to India only myself.
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