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username619
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Posted on 06-07-21 12:30
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https://apnews.com/article/us-supreme-court-middle-east-courts-supreme-courts-immigration-d177dae90bcc6d30dcc4e88bd0ae3a6d Does that mean people who came legally and got TPS status can apply for GC if they have a sponsor? or does it apply for everyone that has TPS status?
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Tesla guy
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Posted on 06-07-21 2:54
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Does this mean it restricts undocumented and illegal ppl who have filed tps while in states ?? I finished my college In 2014 but was not in status for 13 months due to some circumstances . Does this mean this is not going to apply on me???
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username619
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Posted on 06-07-21 3:13
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@westcoastlad well if it doesnt impact to those who came legally and got TPS after that, i came legally and got TPS but its hard to expalin those lawyers cuz they wanna move with Supreme Court decision and Supreme court says that the law applies for those who entered illegaly, but they havent said that who came legally can apply GC if they have TPS -- its very ambiguous the way they are wording -- so now i am not sure if my employer will move forward -- its gonna suck
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username619
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Posted on 06-07-21 3:15
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@Tesla Guy I am not sure on that, Supreme Court says those who entered illegally they cant apply for GC, but you came legally so you might be able to apply but then again you were out of status so I am not sure on that how it works now since you were out of status, but i feel like you should be apply since you entered legally -- thats just my thought
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westcoastlad
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Posted on 06-07-21 4:12
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Yes. Supreme court made it clear that if someone entered legally on a status but later did visa overstay, today’s decision does not affect them. (I read this somewhere reputable)The idea here is that illegals were never really “admitted” to the US unlike people who came on the visa, who had to undergo some processing like visa interview, airport immigration interview etc. But @619 bro, I hear you. Immigration lawyers are #1 chor, They will use any trick to make it difficult for us and try to play hero on their side. But in the big picture, I think it may be positive development for us. Because Latinos are politically very powerful and there will be pressure on Congress to provide some relief now that Supreme court has passed the ball to Congress.
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oe_jharpat
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Posted on 06-07-21 4:22
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Lawyers have a fiduciary duty, that is they have to act on your best interest. You will not have to fight them. If they refuse to do so just fire the lawyers and get new ones. if there was no gap in between, that is if you were not out of status, either TPS or any other at anytime in the past, then you are good.
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username619
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Posted on 06-07-21 6:26
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@westcoastlad and @oe_jharpat my lawyers are fked, they will only listen to our HR lady, not me, and my HR is fked as well, they were planning to start my PERM process using TPS but they again decided to wait until June before starting, waiting to hear back from Supreme Court, now that Supreme Court has given decision, I highly doubt that they will move forward with the PERM process using TPS, cuz my HR is like we only sponsor GC with H1B shittt, we havent done with TPS before bla bla bla, fkin bitchhhhh and her assss kisssing lawyers, -- it sucks, i hope congress do sth now, now its upto Dems i guess -- sucks
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oe_jharpat
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Posted on 06-07-21 6:39
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But that's not the law. I think you just need to explain to them, offer to pay half the cost of the application if cost is what is causing them to back out of it.
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westcoastlad
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Posted on 06-07-21 8:17
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@619 bro…sorry to hear…i have similar situation with my company HR and lawyer…always so much kichkich…so much that i gave up on filing PERM from here and now just hoping for miracle from biden or move to Canada or h1b transfer to new job… Filing GC via employment is really a hell…don’t recommend to anyone…
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username619
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Posted on 06-07-21 9:16
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@oe_jharpat wish that would have worked in my case but sadly it doesnt but thanks @wasteland bro you don't have to move to Canada for now, sth positive will definitely happen for TPS not sure when but it will happen, one thing is sure they will have to extend TPS, so as long you are in TPS should be good for now, I am just relying on TPS for now. if they decide to Terminate TPS(which I hope not) then you will still have 6-8 months before it completely expires and you can think about other options at that time -- just my 2 cents, i could be wrong
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card_chaiyoo
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Posted on 06-08-21 8:49
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I would still say TPS to GC is not dead in water but I guess it's not happening this year as a political power in Democrats folds itself. John Manchin is not joining Democrats to pass any bills so there goes the infrastructure bill with immigration reform. I hardly see light at the end of this tunnel, but I believe as a consultation prize President will extend that for a year giving a lollipop for another year. I guess with what happens with Haiti a similar case might happen to Nepal between now and October. More Lollipops for everyone and still People like us fight for their existence. I haven't lost complete hope but apart from the extension, I don't see any miracle happening this year. I am seeing more consolation prizes to keep Hope Alive bcoz Democrats won't do until it's a mid-term election year where they need the VOTE and to keep House in power. Besides saying that I still hope there is some relief by end of June | July. Lollipop to suck on for another year.
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oe_jharpat
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Posted on 06-08-21 9:11
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I did TPS to greencard last year with no problem at all. Trust me, this decision changes nothing than what was there before. Only difference is if you were out of status in between without TPS.
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card_chaiyoo
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Posted on 06-09-21 1:03
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@oe_jharpart What's the timeline ?? I hardly guess you could even do it within a year. Your Request and obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC) takes almost 6 months ?? Could you provide your time length so that folks over knows in detail ??
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oe_jharpat
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Posted on 06-09-21 1:35
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@card-chaiyoo Well I was doing green card through my employer and was at PERM stage. Was at 8 months mark but that's because the lawyer's office was slacking a lot to get the work done. However, they did confirm that the switch was possible. But I got lucky and got selected for DV, adjustment of status after that was very fast, only had to wait for my number to get current. My adjustment was approved within 4 months of sending in my application forms. But the criteria of eligibility for adjustment of status is the same across the board.
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username619
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Posted on 06-11-21 5:46
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Well my lawyers says ”That said, and of relevant note in this case, is that the Supreme Court did not address whether a TPS holder who has been lawfully admitted into the US can be eligible to adjust status and receive green card status in the US. Meaning, it is not clear whether the green card application via TPS status will be a viable option for Bigyan in the future; or whether at that time he would need to leave the US and process the immigrant visa at the US consulate.” —- well that goes away for me, fkin asssholessss
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oe_jharpat
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Posted on 06-11-21 6:25
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you need new lawyers bro. Where are you located, if its in Texas, I'll give you my lawyers.
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username619
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Posted on 06-11-21 7:08
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I really want to but the problem is my HR, and I don’t think so they will agree on that. Sucks, I am asking them if we can go through EB3 process, not sure if they will agree on that as well
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oe_jharpat
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Posted on 06-11-21 7:11
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My firm lawyers were doing the same. Then I went and consulted another lawyer on my own who were charging lower fees and said it could be done. So I connected my HR with them and my firm fired the law firm they had hired before. Sojho bhayera kei hudania bro, need to fight like a wolf.
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username619
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Posted on 06-11-21 7:15
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What’s your law firm name?
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username619
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Posted on 06-11-21 7:16
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It’s Hardly gonna work in my case but I guess I can try
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oe_jharpat
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Posted on 06-11-21 7:18
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