eastindia
05-14 02:15 PM
Many blame immigration pressures for young man’s suicide - The Boston Globe (http://www.boston.com/news/education/k_12/articles/2010/05/10/many_blame_immigration_pressures_for_young_mans_su icide/)
MARLBOROUGH � In the grief-stricken search for answers, one thing was clear: Gustavo Rezende had hit a wall. He had dreamed of joining the military, getting a driver�s license, and becoming an American citizen.
But the 19-year-old Brazil native was in the country illegally, a hard fact that put his dreams out of reach.
At Marlborough High School, he was popular, a talented artist. Then his friends went off to college and Rezende stayed behind, stocking bottles of soda at a sports complex. He got into trouble with the law and feared deportation to a country he hardly knew.
On March 4, weeks before Rezende�s 20th birthday, police found him hanging from a tree in the woods near his house, next to Marlborough District Court.
The stunning public act, within sight of court clerks and commuters, has shaken a community and triggered an anguished cry for help from his family and friends, who believe Rezende killed himself in despair over his immigration status.
�He always said, �I�ve been here 11 years and I have no rights. . . . I have no right to a driver�s license, no right to continue studying, I have no rights to anything,��� said his mother, Deusuita, weeping on her couch, near an array of photographs of her son. She added, �I don�t want what happened to my son to happen to someone else.��
Immigrant groups have invoked Rezende�s death in the heated debate over illegal immigration. They have increasingly been pushing for Congress to pass the Dream Act, federal legislation pending since 2001 that would allow immigrant youths to apply for legal residency if they arrived in the United States before they turned 16, lived here for five years, and enrolled in college or the military.
�The story about Gustavo Rezende is one of the most compelling cases for immediate federal action to end suffering in our communities,�� said Kyle de Beausset, a 24-year-old activist who said he met last Sunday with Senator Scott Brown to urge him to support the legislation.
Others say Rezende�s death should not factor into the debate, since nobody can say why he took his own life. Though friends and family said he often worried about his immigration status, he didn�t mention it in a note he left at home saying where they could find him.
�It�s exploiting the dead,�� said Mark Krikorian, executive director of the Center for Immigration Studies in Washington, which favors stricter controls over immigration. �You can�t second-guess that stuff because suicide is not a rational response that you can somehow adjust policy to address.��
Colin Reed, a Brown spokesman, said the senator confirmed the meeting with de Beausset and would review the Dream Act. Reed said Brown told de Beausset that he favors streamlining the process for legal immigrants but remains opposed to amnesty for those here illegally.Continued...
Health care workers say suicide is usually the result of more than one issue, such as undiagnosed depression, mental illness, or drug and alcohol problems. But, they say, undocumented youths may be at greater risk because they are ineligible for many programs that might help them.
Rezende, nicknamed �Goose,�� was born in the Brazilian state of Mato Grosso and came to the United States when he was 9 with his parents and younger sister on visas they later overstayed.
In 2000, his mother applied for legal residency through work � she cooked for a Brazilian restaurant � but was denied, she said, because her boss was underpaying taxes. She vowed to continue trying, though her marriage ended because her husband wanted to go back to Brazil.
�The kids didn�t want to go,�� she said. �They liked it here as if it were their country.��
In Marlborough, a small city of tidy houses centered on two scenic lakes, Rezende grew from a chubby boy into a fit and charming teenager who loved to draw, listen to music, and hang out with friends. He and one of his best friends, Kyle Hedin, planned to open an animation company someday.
During most of his schooling, Rezende did not face questions about his immigration status because a 1982 Supreme Court ruling allows undocumented students to attend public schools. But that protection ends after high school, making him ineligible for financial aid for college.
Even before graduation, Rezende felt the pressure of his family�s predicament. He helped his mother clean offices at night, leaving little time for homework. He fell behind in school. When he was 17, police were called to his house after he argued with his sister and punched a hole in a door.
After he graduated in 2008, he tried to find work at a supermarket and fast-food restaurants � but most turned him down because he didn�t have a green card. Finally, through a friend, he found work at an ice skating complex. He also got a part-time cleaning job.
Kyle Hedin said Rezende wished he could have the same opportunities as his former classmates.
�He always said, �These kids go to school. They go to college, and they complain about it and they don�t do anything worthwhile,� �� Hedin said. �He was saying he would trade shoes with them in a heartbeat.��
In February, Marlborough police found Rezende trying to change a flat tire, while allegedly intoxicated. Police arrested him on misdemeanor charges of driving under the influence and driving without a license.
The March 17 hearing in the case weighed on his mind. He had been caught with a fake driver�s license from Brazil, and his mother said he feared he would be deported.
He had talked about suicide in the past, including in the weeks before his death, according to friends and the police report filed after his death.
�He had a hard time asking for help for himself,�� said Jane Hedin, Kyle�s mother. �That�s what�s heartbreaking. . . . He had so many friends he didn�t reach out to. Everybody loved him.��
Mario Rodas of the Student Immigrant Movement, an advocacy group, said immigrant youths often fear deportation if they talk about their problems. The group regularly holds support groups to help the students.
�We tell them not to give up,�� Rodas said.
Two days before he died, his mother said, Rezende couldn�t sleep. He was nauseous and called in sick to work.
The next day, his grandmother arrived for a visit from Brazil, the first time he had seen her since he left in 1999. In the early evening, Rezende hugged his grandmother, kissed his sister, and left the house carrying a rope, according to police, saying only that he �needed it.��
Police found him the next morning about 150 feet into the woods, in a tree he used to climb, a dusting of snow on the ground.
About six weeks after his death, Rezende received a letter from the US government telling him to register for the draft. It wasn�t a mistake: Federal law requires that all men ages 18-26 register with the Selective Service System, including illegal immigrants who cannot serve in the military, said agency spokesman Patrick Schuback.
Registering could help illegal immigrants if they ever apply for legal residency, he said, because it would show that they followed the law.
At home, his mother clutched the letter and wept.
�If that letter had arrived before, he would have been so happy,�� she said.
Maria Sacchetti can be reached at msacchetti@globe.com.
MARLBOROUGH � In the grief-stricken search for answers, one thing was clear: Gustavo Rezende had hit a wall. He had dreamed of joining the military, getting a driver�s license, and becoming an American citizen.
But the 19-year-old Brazil native was in the country illegally, a hard fact that put his dreams out of reach.
At Marlborough High School, he was popular, a talented artist. Then his friends went off to college and Rezende stayed behind, stocking bottles of soda at a sports complex. He got into trouble with the law and feared deportation to a country he hardly knew.
On March 4, weeks before Rezende�s 20th birthday, police found him hanging from a tree in the woods near his house, next to Marlborough District Court.
The stunning public act, within sight of court clerks and commuters, has shaken a community and triggered an anguished cry for help from his family and friends, who believe Rezende killed himself in despair over his immigration status.
�He always said, �I�ve been here 11 years and I have no rights. . . . I have no right to a driver�s license, no right to continue studying, I have no rights to anything,��� said his mother, Deusuita, weeping on her couch, near an array of photographs of her son. She added, �I don�t want what happened to my son to happen to someone else.��
Immigrant groups have invoked Rezende�s death in the heated debate over illegal immigration. They have increasingly been pushing for Congress to pass the Dream Act, federal legislation pending since 2001 that would allow immigrant youths to apply for legal residency if they arrived in the United States before they turned 16, lived here for five years, and enrolled in college or the military.
�The story about Gustavo Rezende is one of the most compelling cases for immediate federal action to end suffering in our communities,�� said Kyle de Beausset, a 24-year-old activist who said he met last Sunday with Senator Scott Brown to urge him to support the legislation.
Others say Rezende�s death should not factor into the debate, since nobody can say why he took his own life. Though friends and family said he often worried about his immigration status, he didn�t mention it in a note he left at home saying where they could find him.
�It�s exploiting the dead,�� said Mark Krikorian, executive director of the Center for Immigration Studies in Washington, which favors stricter controls over immigration. �You can�t second-guess that stuff because suicide is not a rational response that you can somehow adjust policy to address.��
Colin Reed, a Brown spokesman, said the senator confirmed the meeting with de Beausset and would review the Dream Act. Reed said Brown told de Beausset that he favors streamlining the process for legal immigrants but remains opposed to amnesty for those here illegally.Continued...
Health care workers say suicide is usually the result of more than one issue, such as undiagnosed depression, mental illness, or drug and alcohol problems. But, they say, undocumented youths may be at greater risk because they are ineligible for many programs that might help them.
Rezende, nicknamed �Goose,�� was born in the Brazilian state of Mato Grosso and came to the United States when he was 9 with his parents and younger sister on visas they later overstayed.
In 2000, his mother applied for legal residency through work � she cooked for a Brazilian restaurant � but was denied, she said, because her boss was underpaying taxes. She vowed to continue trying, though her marriage ended because her husband wanted to go back to Brazil.
�The kids didn�t want to go,�� she said. �They liked it here as if it were their country.��
In Marlborough, a small city of tidy houses centered on two scenic lakes, Rezende grew from a chubby boy into a fit and charming teenager who loved to draw, listen to music, and hang out with friends. He and one of his best friends, Kyle Hedin, planned to open an animation company someday.
During most of his schooling, Rezende did not face questions about his immigration status because a 1982 Supreme Court ruling allows undocumented students to attend public schools. But that protection ends after high school, making him ineligible for financial aid for college.
Even before graduation, Rezende felt the pressure of his family�s predicament. He helped his mother clean offices at night, leaving little time for homework. He fell behind in school. When he was 17, police were called to his house after he argued with his sister and punched a hole in a door.
After he graduated in 2008, he tried to find work at a supermarket and fast-food restaurants � but most turned him down because he didn�t have a green card. Finally, through a friend, he found work at an ice skating complex. He also got a part-time cleaning job.
Kyle Hedin said Rezende wished he could have the same opportunities as his former classmates.
�He always said, �These kids go to school. They go to college, and they complain about it and they don�t do anything worthwhile,� �� Hedin said. �He was saying he would trade shoes with them in a heartbeat.��
In February, Marlborough police found Rezende trying to change a flat tire, while allegedly intoxicated. Police arrested him on misdemeanor charges of driving under the influence and driving without a license.
The March 17 hearing in the case weighed on his mind. He had been caught with a fake driver�s license from Brazil, and his mother said he feared he would be deported.
He had talked about suicide in the past, including in the weeks before his death, according to friends and the police report filed after his death.
�He had a hard time asking for help for himself,�� said Jane Hedin, Kyle�s mother. �That�s what�s heartbreaking. . . . He had so many friends he didn�t reach out to. Everybody loved him.��
Mario Rodas of the Student Immigrant Movement, an advocacy group, said immigrant youths often fear deportation if they talk about their problems. The group regularly holds support groups to help the students.
�We tell them not to give up,�� Rodas said.
Two days before he died, his mother said, Rezende couldn�t sleep. He was nauseous and called in sick to work.
The next day, his grandmother arrived for a visit from Brazil, the first time he had seen her since he left in 1999. In the early evening, Rezende hugged his grandmother, kissed his sister, and left the house carrying a rope, according to police, saying only that he �needed it.��
Police found him the next morning about 150 feet into the woods, in a tree he used to climb, a dusting of snow on the ground.
About six weeks after his death, Rezende received a letter from the US government telling him to register for the draft. It wasn�t a mistake: Federal law requires that all men ages 18-26 register with the Selective Service System, including illegal immigrants who cannot serve in the military, said agency spokesman Patrick Schuback.
Registering could help illegal immigrants if they ever apply for legal residency, he said, because it would show that they followed the law.
At home, his mother clutched the letter and wept.
�If that letter had arrived before, he would have been so happy,�� she said.
Maria Sacchetti can be reached at msacchetti@globe.com.
wallpaper Anti-war.us gt; Free anti-war
mbawa2574
07-12 02:47 PM
It's election time guys- they are working on 2008 run. They will not like to come in lime light helping the immigrants. Clinton is the most crooked candidate in this run when it comes to Indians and India. See her voting record from last year or so.
dealsnet
01-14 08:45 AM
Usually one week, if everything is fine.
once the file has been assigned to an officer and the dates are current? I am just curious.
Just the file being assigned to an officer does not mean adjudication soon.:)
once the file has been assigned to an officer and the dates are current? I am just curious.
Just the file being assigned to an officer does not mean adjudication soon.:)
2011 Satire of anti-war marches.
hebbar77
09-10 03:07 PM
extended review = "we got your money , now dont bother us"
also means nothing is happening to your case!
also means nothing is happening to your case!
more...
Sakthisagar
05-03 11:32 AM
Yesterday on CNN, State of the Union programme Candy Crowley asked Sen Charles Schumer what is next? Energy or Immigration.
He replied with a hearty laugh. Well I don't know. we need to wait.
I think no one is serious about Immigration bill now.
He replied with a hearty laugh. Well I don't know. we need to wait.
I think no one is serious about Immigration bill now.
tonyHK12
10-04 03:14 PM
Without a green card, we are still temporary workers, check with a tax consultant about worldwide income too.
Todays economictimes.indiatimes.com - Green card a tax liability
"Tax laws in the US empower the Internal Revenue Service, the apex body for US tax administration, to tax global incomes of those holding US citizenships or the green card."
"Indians with green card or citizenship in US also find having to reporting foreign accounts with deposits of $10,000 or more "
Todays economictimes.indiatimes.com - Green card a tax liability
"Tax laws in the US empower the Internal Revenue Service, the apex body for US tax administration, to tax global incomes of those holding US citizenships or the green card."
"Indians with green card or citizenship in US also find having to reporting foreign accounts with deposits of $10,000 or more "
more...
yabadaba
06-18 12:46 PM
factory man:
if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.
if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.
2010 anti-war
Imigrait
08-30 06:45 PM
Not true-Again..When PD is current, case is approved based on RD.But PD has to be CURRENT.
Is it Received date or Notice date?
Is it Received date or Notice date?
more...
va_dude
06-15 04:15 PM
With regards to the 485, are these dates the dates our applications were received at the center? (which for almost everyone who filed in the jul 2007 fiasco would be prior to Aug 17, 2007).
Or is this the notice date?
My notice date is much later, end of Sep 2007 but the date it was recweived at TSC was around Aug 15.
Or is this the notice date?
My notice date is much later, end of Sep 2007 but the date it was recweived at TSC was around Aug 15.
hair the Anti War Rally planned
stxvr
07-20 02:24 PM
7% limit is for the each category (like EB 7%) then seperate 7% for FB.
Can the EB used all the numbers of india (25,620) OR it can use only 7% of the EB only means (9800)
Can the EB used all the numbers of india (25,620) OR it can use only 7% of the EB only means (9800)
more...
archanais
07-04 06:33 PM
I am ina worst situation. Prior employer is not ready to give Future employement letter inspite I have paid $8650 in GC processing cost and $5500 in transeferring H1b Visa and renewing the H1b. They even cancelled my H1b once I resigned.They have earned lot of money during my almost 2yrs of stay with them.
hot Anti-War Protests of the
JunRN
09-25 10:44 AM
Good find! Do we get to send this to Congress and to USCIS? I think they should get a copy.
more...
house Nationwide anti-war protests
logiclife
02-12 06:28 PM
Hi,
I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC process. I have to go through him for every single details and he is busy usually so contacting him is also a bit pain. Because of this my process is getting delayed sometimes).
Having said this, I joined this employer A in 2004 after I graduated and i am with him for 2.5 yrs since then. Now I am starting my GC process and I cannot show this 2.5 yrs of experience to my LC process (which is logical). On the other hand, I found another employer B who is willing to process my GC with one of the top attorneys.
So if i switch now, I will
1. Be able to apply for EB2 (MS + 2.5yrs + 1 yrs(before MS) = MS + 3.5yrs)
2. I get a very good attorney to file my GC
3. I will be able to have a direct conversation with the attorney (employer said its between me and the attorney)
If I don't switch, my odds are that
1. I have to go with Eb3 (MS + 1 yrs(before MS) = MS + 1yr)
2. Can't talk to the attorney directly
So IS IT WORTH switching the employer for
1. Gettting into EB2
2. Getting a good attorney to file my LC
3. Be able to talk to attorney directly
Your thoughts and suggestions are highly important. So please let me know what you will do if this is the case ?
Thanks
All employers, who refuse to share copies of 140, labor or H1 fully intend to retain employees by restricting their ability to switch jobs and retain priority dates for future GC petitions. There are not exceptions to this rule. Even if its your brother who employs you, the only reason for withholding documents is to bond you. That is the only motive to withhold copies. "Its property of employer..." excuse is BS. Yes, it is property of employer. But the xerox copies dont change the ownership.
I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC process. I have to go through him for every single details and he is busy usually so contacting him is also a bit pain. Because of this my process is getting delayed sometimes).
Having said this, I joined this employer A in 2004 after I graduated and i am with him for 2.5 yrs since then. Now I am starting my GC process and I cannot show this 2.5 yrs of experience to my LC process (which is logical). On the other hand, I found another employer B who is willing to process my GC with one of the top attorneys.
So if i switch now, I will
1. Be able to apply for EB2 (MS + 2.5yrs + 1 yrs(before MS) = MS + 3.5yrs)
2. I get a very good attorney to file my GC
3. I will be able to have a direct conversation with the attorney (employer said its between me and the attorney)
If I don't switch, my odds are that
1. I have to go with Eb3 (MS + 1 yrs(before MS) = MS + 1yr)
2. Can't talk to the attorney directly
So IS IT WORTH switching the employer for
1. Gettting into EB2
2. Getting a good attorney to file my LC
3. Be able to talk to attorney directly
Your thoughts and suggestions are highly important. So please let me know what you will do if this is the case ?
Thanks
All employers, who refuse to share copies of 140, labor or H1 fully intend to retain employees by restricting their ability to switch jobs and retain priority dates for future GC petitions. There are not exceptions to this rule. Even if its your brother who employs you, the only reason for withholding documents is to bond you. That is the only motive to withhold copies. "Its property of employer..." excuse is BS. Yes, it is property of employer. But the xerox copies dont change the ownership.
tattoo How about Anti-War Cartoon
WeldonSprings
10-28 09:42 PM
Is there anybody else, who have applied for AP recently at NSC and encountered a delay in clearance of the check or receiving the receipt. So, far I see two individuals including myself with such delays.
AP renewal application Mailed: 10/06/08
Reached @ USCIS: 10/08/08
Check cashed: 10/23/08
AP Receipt notice received: 10/27/08
AP renewal application Mailed: 10/06/08
Reached @ USCIS: 10/08/08
Check cashed: 10/23/08
AP Receipt notice received: 10/27/08
more...
pictures antiwar naked happening
jthomas
06-07 10:11 PM
....... But its better not to apply for any government aid if possible. There are many people who have applied for unemployement. It would be interesting to find out if they had issues during the 485 approval
1. Unemployment benifit is not a goverment aid. Its a insurance which is deducted from every paycheck.
2. Goverment aid has increased the insurance from almost 6 months to almost one year. However we are not qualified for the goverment aid. Unemployment benifit people have given be 28 weeks instead of 54 weeks (in CA). One of my friend in Mass (boston) got 30 weeks instead of 59 weeks. So in this case they automatically remove us from goverment benifits.
Apply or not its your personal choice. Research about it from good sources and if you wish apply for it.
Secondly, Unemployment insurance is around 450 to 650 dollars a week and depends on the state. If you decide to apply for it then please think about CONTRIBUTING some dollars to IV.
1. Unemployment benifit is not a goverment aid. Its a insurance which is deducted from every paycheck.
2. Goverment aid has increased the insurance from almost 6 months to almost one year. However we are not qualified for the goverment aid. Unemployment benifit people have given be 28 weeks instead of 54 weeks (in CA). One of my friend in Mass (boston) got 30 weeks instead of 59 weeks. So in this case they automatically remove us from goverment benifits.
Apply or not its your personal choice. Research about it from good sources and if you wish apply for it.
Secondly, Unemployment insurance is around 450 to 650 dollars a week and depends on the state. If you decide to apply for it then please think about CONTRIBUTING some dollars to IV.
dresses The Storefront Anti-War Crisis
hsingh82
02-24 02:41 PM
Yes this is discussion forum but we have Job to get it done through our members. if members doesn't help us financially then we are loosing our edge. Nothing is free here (America), all actions are cost associated with it just calling senator or writing letter is just part of action.we need to convince our fellow member to contribute financially like donating money for good cause.Thanks
I agree with you that IV needs money for the good cause and it has to come from donations. All I am saying is if someone like me who is on H1B and can't fill the profile wants to reply to someone's query then IV should not be charging me for that because I have no dates in my profile. Money has to be generated but not at the cost of popularity of IV and defeating the purpose of IV as a common platform for all legal immigrants.
I agree with you that IV needs money for the good cause and it has to come from donations. All I am saying is if someone like me who is on H1B and can't fill the profile wants to reply to someone's query then IV should not be charging me for that because I have no dates in my profile. Money has to be generated but not at the cost of popularity of IV and defeating the purpose of IV as a common platform for all legal immigrants.
more...
makeup Two banners from the anti-war
raysaikat
01-10 10:08 AM
No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.
D
That probably was unnecessary and may triggered the additional check due to export control of high end researches.
D
That probably was unnecessary and may triggered the additional check due to export control of high end researches.
girlfriend anti-war
vnsriv
04-07 04:50 PM
Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.
Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).
OR should I just say quiet and forget about this mistake?
Gurus- Please Help
Looks like you have pending of adjustment(I-485). At the time of filing I-485, you must have provided the photocopies of latest I-94. So relax. You don't have to resend unless you get an RFE on I-485 which is rare. I haven't heard anyone getting an RFE on missing I-94. They have no proof that you did not submit your I-94. Again, this is my own opinion and not a legal advice
Best of luck
Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).
OR should I just say quiet and forget about this mistake?
Gurus- Please Help
Looks like you have pending of adjustment(I-485). At the time of filing I-485, you must have provided the photocopies of latest I-94. So relax. You don't have to resend unless you get an RFE on I-485 which is rare. I haven't heard anyone getting an RFE on missing I-94. They have no proof that you did not submit your I-94. Again, this is my own opinion and not a legal advice
Best of luck
hairstyles Perspective Poster, anti war,
linuxra
02-17 08:09 PM
currently iam working with vsginc they filed my greencard processing through different company axiom
i applied for 485 and iam past 180 days
i have never been on axiom payroll
can anybody tell me can i use ac21 portability ?
Thanks
i applied for 485 and iam past 180 days
i have never been on axiom payroll
can anybody tell me can i use ac21 portability ?
Thanks
prioritydate
08-14 12:33 PM
yes u are
And what is that??
And what is that??
karthkc
05-23 01:07 PM
EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Is EAD to H1 a complicated process? If so what could be the reasons.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Is EAD to H1 a complicated process? If so what could be the reasons.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
