kate123
02-24 05:02 PM
I am finding it difficult understanding what author meant here...
Can some one please help me understanding the text below from (paragraph 8)
http://www.ilw.com/articles/2009,0225-endelman.shtm
USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin. Rather, both State and CIS could post estimated "qualifying dates" on their websites so that, precisely as now happens in a consular case, USCIS would now allow pre-filing of adjustment applications so that applicants could begin to assemble the necessary documentation and send in their I-485 packages so that USCIS could conduct necessary checks and get the case ready for formal submission when the priority date is reached. Only at that point would CIS formally request an immigrant visa number from the State Department. Not until then would the adjustment of status be considered "filed". The beauty of this is that Congress need not lift a finger; all that need be done is for USCIS to modify the definition of filing contained in 8 CFR Sections 103.2 (a)(7) and 245.2(a)(2). If Congress wanted to ratify what the USCIS had done, it could certainly do so after the fact. Everything that we now consider to be the adjustment of status process could take place before the I-485 is "filed". Nothing could be simpler. The reason to seek Congressional modification of INA 245(a) is not because it is only way forward but because, by enshrining such a procedural benefit in the INA itself, it will be a much more secure right, one not subject to administrative whim or unilateral repeal. This process would not only afford the Visa Office a more accurate picture of adjustment demand but it holds out the potential of drastically slashing processing times. Far from granting adjustment applicants any special or unfair advantage, the use of qualifying dates as a way to define immediate visa availability would serve to harmonize the green card process in and out of the United States. Clearly, close and constant coordination between the Visa Office and USCIS would be required and integration of this procedural innovation with the Child Status Protection Act is transparently necessary. Given the obvious and not insignificant benefits, any transitional angst is surely worth the effort.
Does it mean pre filing can be done through executive power?
Thank you.
Can some one please help me understanding the text below from (paragraph 8)
http://www.ilw.com/articles/2009,0225-endelman.shtm
USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin. Rather, both State and CIS could post estimated "qualifying dates" on their websites so that, precisely as now happens in a consular case, USCIS would now allow pre-filing of adjustment applications so that applicants could begin to assemble the necessary documentation and send in their I-485 packages so that USCIS could conduct necessary checks and get the case ready for formal submission when the priority date is reached. Only at that point would CIS formally request an immigrant visa number from the State Department. Not until then would the adjustment of status be considered "filed". The beauty of this is that Congress need not lift a finger; all that need be done is for USCIS to modify the definition of filing contained in 8 CFR Sections 103.2 (a)(7) and 245.2(a)(2). If Congress wanted to ratify what the USCIS had done, it could certainly do so after the fact. Everything that we now consider to be the adjustment of status process could take place before the I-485 is "filed". Nothing could be simpler. The reason to seek Congressional modification of INA 245(a) is not because it is only way forward but because, by enshrining such a procedural benefit in the INA itself, it will be a much more secure right, one not subject to administrative whim or unilateral repeal. This process would not only afford the Visa Office a more accurate picture of adjustment demand but it holds out the potential of drastically slashing processing times. Far from granting adjustment applicants any special or unfair advantage, the use of qualifying dates as a way to define immediate visa availability would serve to harmonize the green card process in and out of the United States. Clearly, close and constant coordination between the Visa Office and USCIS would be required and integration of this procedural innovation with the Child Status Protection Act is transparently necessary. Given the obvious and not insignificant benefits, any transitional angst is surely worth the effort.
Does it mean pre filing can be done through executive power?
Thank you.
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sundevil
06-19 05:49 PM
It appears that way on the surface, but I think this is subject to country quota also. So until ROW EB3 clears(since EB2 ROW was current) possibly no spill overs. But the biggest problem with this 90K for 5 years is based on some math they did with pending LCs and 140s etc. However did they anticipate dependents numbers correctly which is unknown till 485 stage? What happens if the backlog is 450K + 100K(just an assumption) when dependent numbers are added? You wait 5 years and realize you were not cleared through this system because you were part of that additional 100K . Now you fight your battles in the point system with a country limit of 14K(10% of 140K). So there are about 70K(14K*5) numbers being used up in MBS during those 5 years for a given country, not sure if that is the saving grace for any kinks in the backlog reduction numbers, but you have to figure new people are coming in every year and will compete for these 14K Visa numbers. It will be 38K when Z visa holders become eligible, but that is still a lottery proposition at best. So this could be really bad for few unlucky ones. Even though we have 485 applications in the system, if the numbers do not work out a few people are gonna loose big time.
Best case scenario is that we all get through under the backlog reduction, but future generation from India/China will have to play lottery for GC's.
This year with overflows from ROW category, maybe 40K extra numbers were used for backlog reduction. Adding 10k for each china and India it makes the number 60K. Isnt 90K better than 60k (if we are lucky) under current system?
Best case scenario is that we all get through under the backlog reduction, but future generation from India/China will have to play lottery for GC's.
This year with overflows from ROW category, maybe 40K extra numbers were used for backlog reduction. Adding 10k for each china and India it makes the number 60K. Isnt 90K better than 60k (if we are lucky) under current system?
santb1975
11-18 11:41 PM
Please Contribute
http://immigrationvoice.org/forum/showthread.php?t=15493
Today there are threads filled with tons of ideas and not even 500 dollars in total contributions that we asked yesterday. Now please decide how we can bring a major change and get greencards for everyone in less than 500 dollars.
http://immigrationvoice.org/forum/showthread.php?t=15493
Today there are threads filled with tons of ideas and not even 500 dollars in total contributions that we asked yesterday. Now please decide how we can bring a major change and get greencards for everyone in less than 500 dollars.
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chaanakya
04-10 12:17 AM
I know this is probably asking for trouble but no movement can be credible without listening to the dissenting voices. So here is my gripe ... You cannot open a single thread or forum without being asked for contributions these days. People are told that if they dont contribute, they are not "supporting the cause".
But the stark reality is this... If you look at the IV website to see what action/progress has been made in "the cause"....there is some vague statement about Patton Boggs and how we have this lobbyist who is educating congressmen...Who exactly? How? When? Oh those details cannot be given.
There is a link about IV in the news...the last time IV was in the news was in Sept 2007 ...19 MONTHS AGO...
Then there is a link about IV and FBI namechecks...The last update is some thread in Feb 08 and this brilliant statement from 2007 ..."IV has met officials from agencies and has raised this issue in the recent past. We have been informed that there is an effort being undertaken to significantly reduce name check backlogs in the next 6 months." SERIOUSLY?? You really expect that you can convince people to contribute based on this flimsy evidence of doing "something" that you really cant tell us ??
For those asking for money, THERE HAS NOT BEEN A SINGLE UPDATE ON ANY PROGRESS SPECIFICALLY ACHIEVED BY IV IN THE LAST YEAR AND HALF !!!
How can you justify this? Actually, you dont have to....There are many like me who will answer questions of panicked people about how to navigate the complex immigration system but until IV can provide some concrete proof of what specifically it is doing, how exactly it is spending the money and what roadmap of progress it hopes to achieve and whether it is on its way to achieving it....the money wells will continue to be dry.
And this new caste system of the DONOR forum which basically says screw you to everyone who has spent time, money or effort on IV and completely goes against the "Change for fairness and Justice" mumbo jumbo is a step in the right direction, IV needs to give way to an actual movement that actually does something and this DONOR forum concept will certainly go a long way in the marginalization of this site and community.
But the stark reality is this... If you look at the IV website to see what action/progress has been made in "the cause"....there is some vague statement about Patton Boggs and how we have this lobbyist who is educating congressmen...Who exactly? How? When? Oh those details cannot be given.
There is a link about IV in the news...the last time IV was in the news was in Sept 2007 ...19 MONTHS AGO...
Then there is a link about IV and FBI namechecks...The last update is some thread in Feb 08 and this brilliant statement from 2007 ..."IV has met officials from agencies and has raised this issue in the recent past. We have been informed that there is an effort being undertaken to significantly reduce name check backlogs in the next 6 months." SERIOUSLY?? You really expect that you can convince people to contribute based on this flimsy evidence of doing "something" that you really cant tell us ??
For those asking for money, THERE HAS NOT BEEN A SINGLE UPDATE ON ANY PROGRESS SPECIFICALLY ACHIEVED BY IV IN THE LAST YEAR AND HALF !!!
How can you justify this? Actually, you dont have to....There are many like me who will answer questions of panicked people about how to navigate the complex immigration system but until IV can provide some concrete proof of what specifically it is doing, how exactly it is spending the money and what roadmap of progress it hopes to achieve and whether it is on its way to achieving it....the money wells will continue to be dry.
And this new caste system of the DONOR forum which basically says screw you to everyone who has spent time, money or effort on IV and completely goes against the "Change for fairness and Justice" mumbo jumbo is a step in the right direction, IV needs to give way to an actual movement that actually does something and this DONOR forum concept will certainly go a long way in the marginalization of this site and community.
more...
hydboy77
02-13 05:55 PM
You are reading my post selectively and not in its entirety. I did not say EAD is waste and useless, I said EAD is waste and useless without the removal of semilar or same job requirement in AC21 as USCIS will sooner or later deny AOS based on semilar\same job requirement. Do you know how many RFE\denial notices have been issued by USCIS to EAD\Ac21 workers? There is an entire thread running into several pages related to that. Scores of people wrote to USCIS ombudsman complaining about USCIS issuing denial notice to people whose I140 was revoked by previous employer even though Ac21 says AOS continues even if I140 is rovoked by previous employer. There are instances where USCIS has issued rfe to prove they are in a same\semilar job. History has shown USCIS uses issues like same\semilar job to kick people out. Based on the IO adjudicating your case, based on the economic climate etc USCIS has made life difficuly (current h1b crackdown is a example).
What I am saying is bring in protection to AOS by
-removing the same or semilar job requirement in AC21
-making sure USCIS does not deny AOS when previous employer revokes aproved i140.(even though ac21 says aos cannot be denied, USCIS is sending denail notice).
Yes EAD is absolutely better than H1b but not for long, when people start using EAD instead of H1b, USCIS will start denying AOS based on Same\semilar job or other grey areas (not working on EAD because of lay off) then you are back to square one. If you are on EAD and AOS is denied you are out of status like H1b. Close the loopholes first before you open the pre filing AOS. Your statement regarding not work at all on EAD is not correct. USCIS can issue rfe\denial notice for lack of job. I hope it was true that it does not matter if you are not working at all on EAD.
I read through your reply, however, I found it extremely hard for me to accept your points. You've been probably on EAD too long to remember what a dire condition you came from as an H1B worker. Let's look at it:
As an AOS, you can:
- Work for any employer
- Not work at all
- Travel out of the country without worrying visa delay
- When you got laid off, no need to worry about being out of status or restarting GC
As an H1B worker:
- If you are laid off, everything, years of wait, thousands of dollars, down the drain, and the whole family becomes out of status immediately. And in this dire economy, this is a sword hanging on the head of every H1B worker.
- Worry about re-entry visa each time you travel
With such a huge different, I can hardly convience myself that EAD is 'useless' or 'waste'. True, you'll need to work for same or similar job, but compared to the benefit, it is not nearly as big a problem faced by H1B workers day by day.
What I am saying is bring in protection to AOS by
-removing the same or semilar job requirement in AC21
-making sure USCIS does not deny AOS when previous employer revokes aproved i140.(even though ac21 says aos cannot be denied, USCIS is sending denail notice).
Yes EAD is absolutely better than H1b but not for long, when people start using EAD instead of H1b, USCIS will start denying AOS based on Same\semilar job or other grey areas (not working on EAD because of lay off) then you are back to square one. If you are on EAD and AOS is denied you are out of status like H1b. Close the loopholes first before you open the pre filing AOS. Your statement regarding not work at all on EAD is not correct. USCIS can issue rfe\denial notice for lack of job. I hope it was true that it does not matter if you are not working at all on EAD.
I read through your reply, however, I found it extremely hard for me to accept your points. You've been probably on EAD too long to remember what a dire condition you came from as an H1B worker. Let's look at it:
As an AOS, you can:
- Work for any employer
- Not work at all
- Travel out of the country without worrying visa delay
- When you got laid off, no need to worry about being out of status or restarting GC
As an H1B worker:
- If you are laid off, everything, years of wait, thousands of dollars, down the drain, and the whole family becomes out of status immediately. And in this dire economy, this is a sword hanging on the head of every H1B worker.
- Worry about re-entry visa each time you travel
With such a huge different, I can hardly convience myself that EAD is 'useless' or 'waste'. True, you'll need to work for same or similar job, but compared to the benefit, it is not nearly as big a problem faced by H1B workers day by day.
nat23
09-25 01:25 PM
My company started the PERM process for me about 2.5 months ago. I contacted Fragomen about 1.5 months after approvals within the company and they said they are working on establishing min requirements for the position. I then contacted them 3 weeks after that day and they said they have established the requirement and will request the DOL for prevailing wage info (this was 2 weeks ago). After which they are going to start the recruitment process. So I'm not sure if the time line is okay or should I be chasing them more frequently? Please advise.
Regards
Nat
Regards
Nat
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Michael chertoff
03-28 02:28 PM
Hand toasted pizza with tomotto sauce and garlic bread.
Mr. snathan, what is your PD or you already got GC.
Mr. snathan, what is your PD or you already got GC.
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franklin
09-22 11:58 PM
[[insert napoleon dynamite quote]]
I'm perplexed.... "You know, like nunchuck skills, bowhunting skills, computer hacking skills... Girls only want boyfriends who have great skills. "... or the one with him shouting at Tina the Llama to eat food?
In all seriousness, I haven't had time to celebrate or let it sink in. That'll come soon enough, after the events of last week have settled
I'm not going anywhere though. My battle may be over, but there's plenty of fight left in me :)
I'm perplexed.... "You know, like nunchuck skills, bowhunting skills, computer hacking skills... Girls only want boyfriends who have great skills. "... or the one with him shouting at Tina the Llama to eat food?
In all seriousness, I haven't had time to celebrate or let it sink in. That'll come soon enough, after the events of last week have settled
I'm not going anywhere though. My battle may be over, but there's plenty of fight left in me :)
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santb1975
04-29 01:52 AM
6286 now
Contributed $100 for now. More to come....
Receipt Number: 5335-2894-3440-7502
Contributed $100 for now. More to come....
Receipt Number: 5335-2894-3440-7502
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pdFeb09
06-16 10:36 AM
I guess this is the best thing to do, to upgrade my current EB2, and apply for an EB3. I hope this will expedite thins around here. Looking forward to more good things come.
You mean you are in EB3 right now and want to upgrade to EB2, right? Not the other way round?
If you are in EB2 already, don't move a muscle ! Unless ofcourse you can upgrade to EB1 !
You mean you are in EB3 right now and want to upgrade to EB2, right? Not the other way round?
If you are in EB2 already, don't move a muscle ! Unless ofcourse you can upgrade to EB1 !
more...
akred
06-15 01:23 AM
My birth certificate has my dad full name
<First> <Middle> <Last>
and mom's name as
<First> <Middle Initial> with no last name on it..
Is that an issue ?
Any ideas ?
Yes, that is an issue. You will need to get an affidavit. The affidavit can be faxed or scan+emailed over to you.
<First> <Middle> <Last>
and mom's name as
<First> <Middle Initial> with no last name on it..
Is that an issue ?
Any ideas ?
Yes, that is an issue. You will need to get an affidavit. The affidavit can be faxed or scan+emailed over to you.
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uvatbc
05-17 12:25 PM
Title says it all.
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outsideUS
07-08 02:04 PM
The intent about letting foreigners come to work in US is to fill the gap between the demand and the local availability of skills. It is not about rewarding the foreigners academic skills.
If you want to work here, then get skills in a field where there is a shortage here and you will not have problems with H1 sponsorship.
When you did your Masters degree in US, you should have been more smart in selecting your area of study.
Why should US allow foreigners to work against its citizens when there is no shortage of skill.
Your frustation is understandable from your perspective but definitely not from a US citizens perspective.
I really take exception to that comment. I have 2 Masters degrees (one from the US)...unfortunately they are not in Engineering/Science. What people don't seem to realize is that it is extemely difficult to get an H1-B if you are from a Humanities/Liberal Arts background. I'm a teacher and there are jobs in my field...the only problem is that school districts/community colleges/universities are unwilling to sponsor H1-Bs!
If you want to work here, then get skills in a field where there is a shortage here and you will not have problems with H1 sponsorship.
When you did your Masters degree in US, you should have been more smart in selecting your area of study.
Why should US allow foreigners to work against its citizens when there is no shortage of skill.
Your frustation is understandable from your perspective but definitely not from a US citizens perspective.
I really take exception to that comment. I have 2 Masters degrees (one from the US)...unfortunately they are not in Engineering/Science. What people don't seem to realize is that it is extemely difficult to get an H1-B if you are from a Humanities/Liberal Arts background. I'm a teacher and there are jobs in my field...the only problem is that school districts/community colleges/universities are unwilling to sponsor H1-Bs!
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mhtanim
09-12 07:23 PM
I am not a lawyer, but this is what my understanding: if your I-485 was is pending for at least 180 days and your I-140 was approved at the time when you used AC21, you should be safe. In this scenario, even if the ex-employer revokes your I-140, you should be fine and if USCIS has denied your I-485 based on this, you should be able to fight it.
USCIS usually won't deny a I-485 unless the applicant was out of status at some point of time. Sometimes, the attorney messes up the application somewhere and that causes denial. But again, as someone has mentioned, USCIS is suppose to issue NOID before denying it. If they haven't done so, this gives you an additional material to fight the denial.
I would suggest that you wait for the denial notice and see what it says. If it sounds complicated or you think the USCIS has made a mistake, get a reputable attorney and file a MTR.
USCIS usually won't deny a I-485 unless the applicant was out of status at some point of time. Sometimes, the attorney messes up the application somewhere and that causes denial. But again, as someone has mentioned, USCIS is suppose to issue NOID before denying it. If they haven't done so, this gives you an additional material to fight the denial.
I would suggest that you wait for the denial notice and see what it says. If it sounds complicated or you think the USCIS has made a mistake, get a reputable attorney and file a MTR.
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nrakkati
03-20 08:41 PM
Ask your attorney to write a letter in response to RFE and explaining the situation you never took the job with employer X though the H1B transfer or new is approved, this will clear the query of USCIS. One catch, you should have maintained a continuous employment with #2 and demonstrate the same to USCIS. Good luck!
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, so there is no question that you recent h1 is valid and past is invalid. Get an attorney, Good weekend
Thanks wandmaker.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, so there is no question that you recent h1 is valid and past is invalid. Get an attorney, Good weekend
Thanks wandmaker.
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tonyHK12
03-28 08:33 PM
Now Tony, unless you are lacking in any confidence, you wouldn't be acting out like a big baby here. Now shut the trap up and learn to ignore the irrelevant bickerings.
Shut the f*ck up when no one is talking about you
Shut the f*ck up when no one is talking about you
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gemini23
08-03 03:13 PM
I dont know about others but for me Fragomen has been very responsive. I think its probably your employer that is dictating how the attorney should deal with their employees. I work for a big fortune 50 company and I always got email responses from my fragomen attorney within 24 hours...that works for me.
Some times employers dont want their employees to get eads too soon, as they might jump the ship using ac21, and hence takes the help attorney to delay the filing, which works well for some attorneys too.
my 2cents.
Some times employers dont want their employees to get eads too soon, as they might jump the ship using ac21, and hence takes the help attorney to delay the filing, which works well for some attorneys too.
my 2cents.
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needhelp!
06-24 11:33 AM
Thanks, I'll remove the I94 to avoid any confusion!
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panug
07-10 10:25 AM
I didn't find anywhere in the SKIL bill that says we can file I-485 even if the priority date is not current .Can somebody please point me to the paragraph where it is mentioned .
Thanks
Thanks
niles123
05-29 12:19 PM
Here's my $100...
Transaction ID: 12U23194T7899834E
Niles
Transaction ID: 12U23194T7899834E
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delhiguy79
07-18 12:54 PM
They will definitely accept the copies of the check. The reason I applied my I-140 in May 07 and didn't got any receipt and I intend to file PPS for which I require copy of I-140 but when I talked to the customer service they suggested me this solution and after that I got my check photocopies from my employer
neeraj,
if the employer does not give u the check then we cant send check copies. :-(
neeraj,
if the employer does not give u the check then we cant send check copies. :-(
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