jchan
02-25 12:37 PM
I think desi3933 is right -- that one cannot file AOS without PD being current. However, this does not mean we should give up pursuing our goal. The secretary of DHS specially made it clear that she is willing to push for changes both regulatory AND legislative. But before putting in any effort, she will need to know what changes to push for. She even specifically mentioned the issue with pre-application of AOS, which seems to me a real good chance to get the message delivered.
Just for starters, here are the benefits I can think of about pre-filing of AOS:
- By having all applications on file, let USCIS better predict case load and allow DOS Visa Office to make informed decision on Cutoff Date movements
- Create more revenue for USICS (DHS) via AP and EAD applications
- Reduce the work load of Overseas Consulates when applicants with AP does not have to apply re-entry H1B visa.
- Many H1B visa holders have to go through the administrative procedure when applying re-entry visa. This process is more or less a duplicate with the background check required for green card application. When the applicant is allowed to travel with AP, the effort of background check is consolidated and allow resources to be better utilized.
- EAD allows applicants more freedom to change job, this will results in better resource distribution to accommodate the rapid changes of the economy, and it makes the market the most important factor to determine wages.
Please add whatever you feel missing to the points and maybe we'll come up with a formal letter to communicate to the secretary.
Last, to address the concern that USCIS may be flooded by AOS applications from freshly off-the-boat H1B's, restrictions need to be put on the qualification of AOS. What I could think of is:
- Must have approved I-140 (immigration visa. I think this restriction makes the most sense)
- Must have priority date older than a certain number of years
- Must have been in the US legally for five years
- etc.
Read again
(3) an immigrant visa is immediately available to him at the time his application is filed.
Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).
If you still have doubt, talk to your attorney and post here what he/she told you.
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
Just for starters, here are the benefits I can think of about pre-filing of AOS:
- By having all applications on file, let USCIS better predict case load and allow DOS Visa Office to make informed decision on Cutoff Date movements
- Create more revenue for USICS (DHS) via AP and EAD applications
- Reduce the work load of Overseas Consulates when applicants with AP does not have to apply re-entry H1B visa.
- Many H1B visa holders have to go through the administrative procedure when applying re-entry visa. This process is more or less a duplicate with the background check required for green card application. When the applicant is allowed to travel with AP, the effort of background check is consolidated and allow resources to be better utilized.
- EAD allows applicants more freedom to change job, this will results in better resource distribution to accommodate the rapid changes of the economy, and it makes the market the most important factor to determine wages.
Please add whatever you feel missing to the points and maybe we'll come up with a formal letter to communicate to the secretary.
Last, to address the concern that USCIS may be flooded by AOS applications from freshly off-the-boat H1B's, restrictions need to be put on the qualification of AOS. What I could think of is:
- Must have approved I-140 (immigration visa. I think this restriction makes the most sense)
- Must have priority date older than a certain number of years
- Must have been in the US legally for five years
- etc.
Read again
(3) an immigrant visa is immediately available to him at the time his application is filed.
Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).
If you still have doubt, talk to your attorney and post here what he/she told you.
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
wallpaper 2011 calendar printable. July
EkAurAaya
06-27 10:31 AM
Not only that they now also have all the resources to process all EAD app's :rolleyes:
Milking us while they can...
Milking us while they can...
guest1
06-24 12:59 PM
Just called and expressed support. The lady that answered the phone was very friendly.
2011 june july 2011 calendar.
mbawa2574
07-17 07:47 PM
Anyone in this situation would have expressed frusturation. He did this in BEC forum. I don't see a reason to ban him. Please....
Aman/Ashish if you can jump in and unban him.
Aman/Ashish if you can jump in and unban him.
more...
paskal
09-28 11:40 AM
franklin,
hermione has been very active in helping with battling immigration backlogs in general despite her "oh so close to green card status". she was responsible for one of our better pre rally videos as well. guess we can put it down to not tolerating the whole mess :-)
you can also find her on greg siskind's blog.
hermione: sorry for not replying, been terribly busy these last few days!
we should talk sometime though...
hermione has been very active in helping with battling immigration backlogs in general despite her "oh so close to green card status". she was responsible for one of our better pre rally videos as well. guess we can put it down to not tolerating the whole mess :-)
you can also find her on greg siskind's blog.
hermione: sorry for not replying, been terribly busy these last few days!
we should talk sometime though...
general17
06-23 02:24 PM
I am on L1 Visa & I went to SSN office to apply SSN for my child (L-2 Visa). They refused to accept my application and they wanted Documentation from the appropriate government entity explaining the need for the SSN as per
https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203510
Please let me know what should I do next to apply for SSN.
https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203510
Please let me know what should I do next to apply for SSN.
more...
LONGGCQUE
05-21 04:25 PM
Fellow IV'ians,
Its time to double your contributions/efforts to IV, lets appreciate Sugaur's generosity. Make contributions for our own future.
Good luck
Its time to double your contributions/efforts to IV, lets appreciate Sugaur's generosity. Make contributions for our own future.
Good luck
2010 stock photo : Colorful July
snathan
05-14 09:05 AM
Thanks for doing this.
I was interviewed by a reporter from the LA Times yesterday, so expect more articles to follow.
Do you have any contact details for this person. I dont mind for any interview in this regard. I fully support you on this...
I was interviewed by a reporter from the LA Times yesterday, so expect more articles to follow.
Do you have any contact details for this person. I dont mind for any interview in this regard. I fully support you on this...
more...
frostrated
06-11 02:32 PM
I hate to say this and I hope I am wrong. All of us EB3 folks need to start speaking up or else our fate is sealed. I do not see any hopes of CIR passing. There is always going to be some political backlash due to the AMNESTY factor.
From what I have seen, most employers are now filing only in EB2 category. They know that filing in EB3 will see their applicants backlogged so severly that there is no hope in seeing their applications approved. So, even those with less than 5 years of experience create resumes that show 5 years to qualify for EB2. Imagine the flood of applicants in EB2 that will pour in when the dates move forward beyond July 2007. There will be a new backlog of EB2 numbers that we have to wait behind. When are we going to get our turn?
With nearly 10 years of experience and a master's degree, I am still languishing behind all these new comers who come here with fake experiences to qualify for EB2.
We EB3 folks need to speak up, and have the spill over given to the oldest filed applications IRRESPECTIVE of category. The spillover rules from what I know were defined at a later stage and not as per the original law. If we cannot get CIR passed nor a piecemeal regulation, at least let us get the spillover changed.
Or, let us en masse transfer to EB2 by porting, thereby making us all eligible for GC ahead of those that are coming in through the back door. I see them as no different from the undocumented immigrants. Breaking the ethical law at the expense of those of us who followed the law. Our positions did not require a Master's degree and I dont see why a programming position today still requires such. I also dont see why our experience today should not count towards qualifying for EB2.
I dont care what or how many reds the EB2 folks give, but the fact of the matter is that we EB3 must join hands.
From what I have seen, most employers are now filing only in EB2 category. They know that filing in EB3 will see their applicants backlogged so severly that there is no hope in seeing their applications approved. So, even those with less than 5 years of experience create resumes that show 5 years to qualify for EB2. Imagine the flood of applicants in EB2 that will pour in when the dates move forward beyond July 2007. There will be a new backlog of EB2 numbers that we have to wait behind. When are we going to get our turn?
With nearly 10 years of experience and a master's degree, I am still languishing behind all these new comers who come here with fake experiences to qualify for EB2.
We EB3 folks need to speak up, and have the spill over given to the oldest filed applications IRRESPECTIVE of category. The spillover rules from what I know were defined at a later stage and not as per the original law. If we cannot get CIR passed nor a piecemeal regulation, at least let us get the spillover changed.
Or, let us en masse transfer to EB2 by porting, thereby making us all eligible for GC ahead of those that are coming in through the back door. I see them as no different from the undocumented immigrants. Breaking the ethical law at the expense of those of us who followed the law. Our positions did not require a Master's degree and I dont see why a programming position today still requires such. I also dont see why our experience today should not count towards qualifying for EB2.
I dont care what or how many reds the EB2 folks give, but the fact of the matter is that we EB3 must join hands.
hair 2011 calendar template july.
posmd
07-10 06:09 PM
IV core group has done and continues to do a wonderful job. Many of us have to realise that this issue is MUCH MUCH larger than us. A nation is trying to decide what its immigration policy will be for the next generation. Furthermore this time its policy may even decide its ethnic majority in due course.
At times like this there will be a lot of opposing viewpoints and we should be grateful that our viewpoint will atleast be heard. Other than that, there is not a damn thing we can do. Ultimately only birthright will allow you to challenge for citizenship.
Many of us are frustrated for a variety of reasons but in the end pestering the IV core group is no help to them nor for our cause especially. I suggest we stop doing that and spare them the time explaining these issues to us, to doing other tasks which might be more useful.
Many of us have lost a lot in this process. I personally cannot even calculate what I have lost as a result of this waiting. However, it is a sacrifice I have to be ready to make if I truly want the priviledge of living here. Our humility and continued contribution to life in this country in the end will win over supporters.
If you notice, despite all the bad press about illegals, despite 9/11, the majority of americans are still pro legal immigrants, we are largely to credit for this, along with the pride they have in their forefathers who made the same journey.
It will take time, but whatever happens with CIR, I am quite certain that within the next 12-18 months there will be some relief for us legal immigrants waiting in the queue. It is the way it has always been.
I suspect relief for us will come with H1b visa relief, since the other truth of american politics is that lobbying is a big big deal here and corporate america runs this country de facto.
At times like this there will be a lot of opposing viewpoints and we should be grateful that our viewpoint will atleast be heard. Other than that, there is not a damn thing we can do. Ultimately only birthright will allow you to challenge for citizenship.
Many of us are frustrated for a variety of reasons but in the end pestering the IV core group is no help to them nor for our cause especially. I suggest we stop doing that and spare them the time explaining these issues to us, to doing other tasks which might be more useful.
Many of us have lost a lot in this process. I personally cannot even calculate what I have lost as a result of this waiting. However, it is a sacrifice I have to be ready to make if I truly want the priviledge of living here. Our humility and continued contribution to life in this country in the end will win over supporters.
If you notice, despite all the bad press about illegals, despite 9/11, the majority of americans are still pro legal immigrants, we are largely to credit for this, along with the pride they have in their forefathers who made the same journey.
It will take time, but whatever happens with CIR, I am quite certain that within the next 12-18 months there will be some relief for us legal immigrants waiting in the queue. It is the way it has always been.
I suspect relief for us will come with H1b visa relief, since the other truth of american politics is that lobbying is a big big deal here and corporate america runs this country de facto.
more...
knnmbd
07-17 03:38 PM
Do you guys think its worthwhile to go back instead of trying waiting for the retrogression to end. From the looks of it, i doubt there is any chance of an immigration bill before the elections. if there is no bill then we will end up waiting for 8-10 years for the dates to be current.
if they remove the US masters from the quota, imagine the rush it will cause in the universities, effectively it will imply that you will get a green card after you study for 2 years in US. take a 20-40k loan and get a GC. There is no country quota for F1. i had friends who were rejected for F1 because they were 'potential immigrants' wonder how this theme will play out in future.
from this shore returning back seems to be an alternative worth considering...or maybe its just todays depression talking.
IF the U.S Master's exception goes through, its pretty obvious that the DOS will tighten the screws on F1 Visa approvals by a magnitude of 100(unless F1 is made a dual intent visa... and that's like asking for the sky), and also USCIS will make in close to impossible to change non-immigrant visas status to F1( from say H1B). So it’s more than the 20K to get ahead of the line. The only benefit will be for folks already with a U.S Master's or it will be a new rat hole, fighting the Consulates/USCIS for F1 status.
if they remove the US masters from the quota, imagine the rush it will cause in the universities, effectively it will imply that you will get a green card after you study for 2 years in US. take a 20-40k loan and get a GC. There is no country quota for F1. i had friends who were rejected for F1 because they were 'potential immigrants' wonder how this theme will play out in future.
from this shore returning back seems to be an alternative worth considering...or maybe its just todays depression talking.
IF the U.S Master's exception goes through, its pretty obvious that the DOS will tighten the screws on F1 Visa approvals by a magnitude of 100(unless F1 is made a dual intent visa... and that's like asking for the sky), and also USCIS will make in close to impossible to change non-immigrant visas status to F1( from say H1B). So it’s more than the 20K to get ahead of the line. The only benefit will be for folks already with a U.S Master's or it will be a new rat hole, fighting the Consulates/USCIS for F1 status.
hot july 2011 calendar canada.
pappu
04-25 06:08 PM
\\
We have people waiting to give us a head start at 10K..
m306m: $50 for every 10K
espoir: $50 for every 10K
santb1975: $100 when we reach $37K
gconmymind: $50 when we reach 10K
axp817:$50 at 10K, 13K & 20K
So lets make it to our FIRST 10K by EOD.
We have people waiting to give us a head start at 10K..
m306m: $50 for every 10K
espoir: $50 for every 10K
santb1975: $100 when we reach $37K
gconmymind: $50 when we reach 10K
axp817:$50 at 10K, 13K & 20K
So lets make it to our FIRST 10K by EOD.
more...
house July 2011
girijas
09-12 11:18 AM
Republicans are generally more amenable to legal immigration fixes than Dems. While not all of the Dems are bad, most of them dont care about legal immigration -- they just want the illegals. If it were not for these Dems, 5882 would have sailed through by now
I am sure NoBama will say CIR. illegals first. etc. etc.
I am not sure how much the next president will affect the passage of the bill through the two houses since they were majority democrat and will continue to be majority democrat. Senate is projected to continue to be majority democrat even after the upcoming election (when 1/3th of the Senate seats are up for election). A Republican president might not veto such a bill. Not sure if Obama would veto a bill which has passed through a democratic majority vote. Just a thought........I could be wrong.
I am sure NoBama will say CIR. illegals first. etc. etc.
I am not sure how much the next president will affect the passage of the bill through the two houses since they were majority democrat and will continue to be majority democrat. Senate is projected to continue to be majority democrat even after the upcoming election (when 1/3th of the Senate seats are up for election). A Republican president might not veto such a bill. Not sure if Obama would veto a bill which has passed through a democratic majority vote. Just a thought........I could be wrong.
tattoo Free July 2011 Calendar
anilsal
06-15 12:02 AM
I think the answer is Yes. The primary applicant can be on H1 and the spouse can be on EAD/AP.
more...
pictures Christian July 2011 Calendar
satishku_2000
09-21 07:19 PM
You could have called the local finger print office, and asked to move to another day because of travel. They let me come in 2 weeks early because of a flight. I had tickets in hand but they didn't ask to see.
I am not quite proud of what I did ... :(
I am not quite proud of what I did ... :(
dresses calendar july 2011 cute
hebron
06-15 09:19 PM
There is no statutory requirement on wait time. You may not even be an employee when your future employer files for your PERM as green card is for future job.
It's up to your company policies and your "persuasion skills!"
Thanks AskBird, My only concern is if the new EB2 labor or I140 doesn't get approved for some reason, can I fall back to my current EB3 application. I don't want to jeopardize my current application just by deciding to port to EB2. Any suggestions?
It's up to your company policies and your "persuasion skills!"
Thanks AskBird, My only concern is if the new EB2 labor or I140 doesn't get approved for some reason, can I fall back to my current EB3 application. I don't want to jeopardize my current application just by deciding to port to EB2. Any suggestions?
more...
makeup june july 2011 calendar
mirage
06-26 10:36 AM
5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007
What this mean is if you filed your 485 before July'30-2007 EAD will never be free for you...
Gurus,Is the above said true..please clarify...as it saves everyone who file renewals in 09 (esp. folks missed boat for 2 yr EAD)..
What this mean is if you filed your 485 before July'30-2007 EAD will never be free for you...
Gurus,Is the above said true..please clarify...as it saves everyone who file renewals in 09 (esp. folks missed boat for 2 yr EAD)..
girlfriend july 2011 calendar canada.
desi3933
01-13 10:38 AM
.......
.......
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work
......
......
Good Luck with using that argument if that is your legal basis.
Fair does not necessarily means legal.
Example:
Two person have approved I-140 and waiting for visa number to be current. One is in the USA and the other one is outside USA. The one in the USA can keep on extending H-1B while waiting to file I-485, whereas other person has to wait to get green card at consular processing. Is that fair? For some, it may or may not be.
Immigration Laws can not be challenged in court on basis of fairness. However, with lobbying, laws can be changed.
Personally, I think the country quota is discriminatory and should be removed for EB based green card. But this can be done only with law change and this requires long and persistent lobbying, time, and monetory effort.
In any fight, it is always prudent to use effort and energy in right direction.
Good Luck.
_________________
Not a legal advice.
.......
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work
......
......
Good Luck with using that argument if that is your legal basis.
Fair does not necessarily means legal.
Example:
Two person have approved I-140 and waiting for visa number to be current. One is in the USA and the other one is outside USA. The one in the USA can keep on extending H-1B while waiting to file I-485, whereas other person has to wait to get green card at consular processing. Is that fair? For some, it may or may not be.
Immigration Laws can not be challenged in court on basis of fairness. However, with lobbying, laws can be changed.
Personally, I think the country quota is discriminatory and should be removed for EB based green card. But this can be done only with law change and this requires long and persistent lobbying, time, and monetory effort.
In any fight, it is always prudent to use effort and energy in right direction.
Good Luck.
_________________
Not a legal advice.
hairstyles july 2011 calendar canada.
ramus
09-04 01:06 PM
To add to this.. Some will think that something good just going to happen since next year is election.. Not sure what makes them think that..
Some are extremely negative-- They will say doesn't matter what you guys do,nothing will happen.
People just don't want to soil their hands in cleaning their house but want others to do it for them.
Lot of people consider it below dignity to do something about GC related stuff, many just want to live they way they are, no ambitions, no motivation to work towards a change.
Some are extremely negative-- They will say doesn't matter what you guys do,nothing will happen.
People just don't want to soil their hands in cleaning their house but want others to do it for them.
Lot of people consider it below dignity to do something about GC related stuff, many just want to live they way they are, no ambitions, no motivation to work towards a change.
apnair2002
06-30 06:23 PM
congress moves closer to joint - house conference committee on immigration
Hope this will come true
Hope this will come true
gc_maine2
06-13 08:21 PM
Congratulations !!!!! what a great news waldenpond.
Everyone please take a moment to Applause the IV core group for every effort they made since its inception.
Thanks
Sree
Congratulations to all IV members for being able to apply for I-485. This is GREAT news. Please please apply for your I-485 at the earliest. It would be best if your application reaches USCIS in the week of 2nd July. Here is the link to July Visa Bulletin:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
Remember that you have to be in the country to apply for I-485. We may soon have lawyer�s information on our website to answer your questions in real time. Not sure till the time we get confirmation from the attorney but IV is working on this and may post this information soon.
This is GREAT development!!!!
IV Core Team
Everyone please take a moment to Applause the IV core group for every effort they made since its inception.
Thanks
Sree
Congratulations to all IV members for being able to apply for I-485. This is GREAT news. Please please apply for your I-485 at the earliest. It would be best if your application reaches USCIS in the week of 2nd July. Here is the link to July Visa Bulletin:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
Remember that you have to be in the country to apply for I-485. We may soon have lawyer�s information on our website to answer your questions in real time. Not sure till the time we get confirmation from the attorney but IV is working on this and may post this information soon.
This is GREAT development!!!!
IV Core Team
No comments:
Post a Comment