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  • gc28262
    01-14 02:33 PM
    H1b and Green cards are allowed to have out of country stays. so if you are out of country for less than six months, it may still be considered as continuous stay. the intent of writing the word "continuous" is to declare that at any point, the immigrant had no intentions to leave the country and relinquish his immigrant status. for the legal immigrant, that should be acceptable.


    Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien-

    (1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then

    (b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.

    b) accounts for the temporary absences of alien





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  • jasmin45
    08-25 12:24 PM
    I have been thru this situation and luckly got the H1 extention on time to get it renewed the day it was suppose to expire.. I am sure this is going to be a problem for a lot of people in comming days due to mountain of applications to be processed by uscis.





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  • sprajulu
    08-26 04:10 PM
    EB2-India-PD-Dec2004





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  • add78
    05-29 10:01 AM
    Championship word for Legal Future Immigrants in USA waiting in the EB-backlogs = A-P-A-T-H-Y

    If you disagree, then get off your behind, join the state chapter, donate to your own cause and organize.



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  • test101
    06-28 03:23 PM
    Assuming that I got my EAD, and then my I-140 got denied for whatever reason.
    What happen next? Will i be out of status? do i have to leave the country? if i'm F-1 student will i be back on F-1?

    thanks





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  • lazycis
    12-31 10:42 AM
    dont want to judge ur sentiments, but think about this.

    if GOD only cares abt people who constantly praises god, then muslim countries should do way way better :D they pray so many times a day. nobody follows religion and GOD like muslims do :D, not even hard core christians :D. even hindus pray a lot. US growth is clearly not due to the things u mentioned :D. its due to their relentless pursuit of growth. along with GOD US also believes in 'free will'. btw, i am not atheist, but just AGNOSTIC.

    How can you judge God's intentions when you don't know Him? Can you prove that God does not exist?

    Here are some facts from the American history about God's protection over this land:

    During July/August 1776 the British sailed some 450 warships and support ships into the New York Harbor to quell the rebellion in the Colonies. These ships contained some 32,000 troops (British and Hessians) as well as 10,000 seamen. This was one or the largest armadas ever assembled in the New World. This awesome sight caused alarm among the citizens of New York and the 20,000 rag-tag citizen army gathered to defend their freedoms.

    "And there had been an incident that deeply troubled the German soldiers. On a hot August night, just before they went into action, hundreds of British and Germans had sat around an enormous bonfire, laughing and cheering while four rebel leaders were burned in effigy. The figures of John Witherspoon, President of the College at Princeton, and ' Generals Washington, Israel Putman, and Charles Lee had just been set afire when a wild thunderstorm suddenly interrupted the fun."

    'The soldiers dashed for whatever shelter they could find, and after the rain had passed, some of the men returned to the vicinity of the bonfire to discover that three of the dummies had been consumed by the flames but the effigy of George Washington remained intact, as good as it ever was. The symbolism was not lost on the foreigners; as a British deserter relayed the story, the incident caused a great deal of fear among the Hessian troops, most of whom are very superstitious."
    Within twenty-four hours of the bonfire incident, an attack was launched against Washington and his troops on Long Island. The results of which gave the Hessians even more to ponder. The British naval forces attempted to sail up the Long Island sound where they would unload some of their forces and then launch an attack on land, placing Washington and his forces in a pincer trap. However for 24 hours they were unable to sail their ships up the sound because of high winds and waves. Not to be deterred by this they went ahead and launched their land forces and started their advance up Long Island confident that within several days "this ugly little conflict would be over." By dusk they had driven the Americans and beaten them to the point that the British Commander felt that, "On the morrow he would quickly and decisively end the conflict."

    The British could hear the Americans digging their trenches and setting their camps since the prevailing wind was in their favor. However, later in the evening the winds reversed and allowed the Americans to hear the British. Then it started to rain and later that evening a dense fog settled over Long Island. (In August?) Washington had earlier recognized the potential dilemma and requested that boats be gathered in preparation for a retreat should it prove necessary. After the fog settled in, Washington's troops, animals and hardware were ferried across the sound to New York under the cover of the dense fog without being detected. This was done in spite of the fact that they were within shouting distance of the British and Hessians. Early the next morning the British started their advance, only to discover that the rebels had successfully moved out under cover of the fog and darkness. It is hard to imagine a more visible demonstration of Providence's hand than all the incidents surrounding this event.
    (The Winter Soldiers, by Richard M. Ketchum, 1973, pp; 107-110)



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  • sravani
    05-14 10:28 AM
    I would only say "Hang On", or move on if you can. A lot of people in same situations, never want to discuss issues openly.
    Patience does help, and maybe all the good is stored for future.


    yeah... sometimes trying to be diplomatic and patient is the only way out in this depressing immigration situation.

    I also realized, we should never talk about these visa issues with co-workers. It will make them bully you even more.





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  • harrybrosman
    07-19 01:28 PM
    EB2 July 2 9.00AM



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  • sh2005
    11-08 09:47 AM
    hey friends,
    I saw that Logiclife mentioned that the head will be from michigan. I am from michigan and a lot of my buddies also visit this site regularly. Let us know if we can make a difference. Please let us know what can we do to help our cause here. I am ready to drive, meet, talk to any one I can to push things here. I dont know how much of an impact that would be, but even a little can help.
    thanks
    Please pm me with any suggestions or ideas.


    Same here.... In fact, Rep Conyers is a graduate of my alma mater... at this point, any nonconventional means to get the lawmakers attention :)





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  • pappu
    01-21 08:27 PM
    FY EB1 EB2 EB3
    2003 1,266 8,536 10,647
    2004 2,998 16,262 19,889
    2005 6,336 16,687 23,250
    2006 3,156 3,720 3,006
    2007 2,855 6,203 17,795
    2008 5,327 14,819 3,576
    21,938 66,227 78,163


    Going forward, EB3 would be in 3000 to 4000 range unless we come together as a force and act.

    If it helps we can bring some good statistics experts on board to analyze the data we will have on our tracker and from USCIS. This will give us better estimates on movement of dates and how everything is currently being processed. let us know what you think or if you have any other ideas.

    To do this it is important that we all input our data in IV tracker. Soon some more features will be added to the tracker and we will make it really robust easy to analyze. Could everyone help spread the word about the tracker so that everyone can come to IV and input their dates.



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  • peyton sawyer
    07-23 03:44 AM
    Hi bluez25..

    I just wanna ask if are you under EB3 row?

    How did you know that your case or your documents have already been forwarded to Chennai consulate?

    I would really appreciate a response.. thank you





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  • aadimanav
    07-16 10:00 AM
    :)



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  • TeddyKoochu
    09-11 04:42 PM
    I feel that unless your location & position is absolutely stable no point even thinking about it. Think only if you have a full time position and the company is in great health and you really like the city and area that you live in. If you are in consulting buying a house reduces your flexibility, I agree that renting is equivalent to wasting money, however it definitely gives you the flexibility to be mobile without any second thoughts.





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  • vallabhu
    07-20 11:23 AM
    FEDEX July 2nd 10:23AM



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  • HRPRO
    02-23 04:20 PM
    ----------
    Hi sertha1,
    I have a similar situation. Can you please tell me how you resolved this problem?
    Thanks
    r

    If you knew you wanted to convert back, you should have filed a 539 along with your husband's petition. Not too late, you can still do it but to revert back, they may come back asking for last 3 paystubs to prove you were still in status ona H-1.

    HRPRO





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  • mpadapa
    10-10 02:01 PM
    I assumed there are more than 35 ppl in tri-state area:D

    Even though if U don't want to attend this event, just participate in the poll. Based on the poll results organizers can plan the next events accordingly..



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  • ksam75
    07-20 11:30 PM
    EB3. FedEx delivered on July2nd at 10:30AM.





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  • aznj123
    05-13 01:15 PM
    They should have some logic regarding PD's (INDIA).

    EB1 - Current
    EB2 - April 2004 (4 YEARS Between 1 & 2)
    EB3 - November 2001 (2.5 YEARS Between 2 & 3)

    Why there is so much diff between each category.

    AZNJ123





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  • learning01
    04-26 06:25 AM
    TMC Net: (http://www.tmcnet.com/usubmit/2006/04/26/1610336.htm)





    apatel_17
    01-15 04:21 PM
    I have purchased 4 firearms during my nonimmigrant status, including a handgun. Nonimmigrants can generally not own firearms in the US. Though, there is an exception to the law if you possess a valid hunting license and have resided in the US for more than 90 days. I took a hunting class, which was a prerequisite for the hunting license and also had very good firearm safety information.

    For long-guns, you will need some paperwork before you go to the gunshop (utility bills from at least last 90 days, hunting license, Driver's license, your I-94 number). The background check will probably be delayed a day or two while FBI checks your immigration status. Your gun seller will call you when they get the ok.

    For handguns, there may be additional paperwork. I had to apply for handgun permits with the local sheriff's office. The person you first deal with will probably be unaware of the exception for individuals with hunting licenses. You will probably need to take a copy of the law (ICE has a pamphlet on firearm laws for nonimmigrants, take a copy with you) and talk to a supervisor. Once you get the permit you take the permit and your DL to the gun seller plus all the paperwork I listed for long gun purchase. Let me know if you have additional questions. Good luck.


    I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.

    I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.





    NolaIndian32
    11-18 01:36 PM
    Maybe I am wrong, but isn't the regulation specific to state that required filing fees must be paid by the employer? There may still be attorney fees which may be borne by the employer or the employee.

    As regards the 12 month contract, if the contract is written appropriately, it will probably be binding in a court of law. It all depends on how the document is drafted. My employer hires Indians and Americans with 1 to 3 year contracts. The employees who chose to leave before their contract expired did pay back a set fee to my employer. There is nothing illegal about that. But again, it all depends on how the document is drafted.



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