neelu
12-12 10:48 AM
We have asked an immigration lawyer this question. Someone even quoted all the sections of INA and CFR(code of federal regulations) to make the point -- that you can have regulation changed to file 485.
The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.
Hi Logiclife,
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.
Hi Logiclife,
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
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amsgc
07-02 09:36 PM
Regarding your argument on fairness:
On the contrary, under the current system immigrants from all nations do not have an equal opportunity to apply for a green card. Immigrants from the retrogressed countries are at an unfair disadvantage.
It is easy to see: A guy from ROW and a guy from India both are equally qualified engineers who have a EB2 PD of Jan 2008. The guy from ROW can apply to adjust status now, but the guy from India cannot apply until five years from now. That doesn't tell me that both immigrants have an equal opportunity.
Both immigrants would have had an equal opportunity if both could apply for GC at the same time. Once you have entered the country, have been gainfully employed, and your immigrant petition has been approved, how does it matter whether you came from India, china or Timbuktu? Your employer needs you for your skills, not your place of birth. Do you resolve your day to day office problems with your birth certificate pasted to your forehead?
Regarding your argument on diversity:
You need to understand that the country cap (set up 50 years ago) was NOT set up to give all countries an equal shot at sending EB immigrants to the US. The cap was based and an already existing xenophobic tendency (formally expressed way back in 1924) and the desire to retain the cultural and racial character of the US of '65. They would do fine with only handful of you if you didn't eat, drink, talk, walk and look like them.
Now, you need to understand another important point - The world has changed by leaps and bounds in the last fifty years, all made possible by advances in technology and a conscientious effort by governments to educate their people. As a result there are highly skilled people all over the world, who bring their own unique character and experience to the work place. And things have changed dramatically in the US too. Among other things, the US has become more accommodating to people of different cultural identities. Economically, the US is in need of more high skilled people than ever before. This is an irreversible trend, where the US of today is more interested in who you are and what you bring to the table than what you look like. If a few thousand Indians or Chinese are given the green card, based on their SKLLS, it will not alter the racial and cultural character of 300000000 Americans (that's 300 followed by six zeros). Rather it will only make it richer.
Usually politicians work in reactionary mode – they will espouse an idea once it is obvious that they can’t do without it. The fact that discussion to remove country caps in EB has come up in the congress means that the American people have already written it off as an absurd idea.
The law will change, whether you like it or not.
Read here and get yourself some education:
http://en.wikipedia.org/wiki/Immigration_Act_of_1924
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1952
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Services_Act_of_1965
Regarding the agenda:
The agenda of this organization is pretty darn obvious if you care to go through the home page. The idea is to get as close as possible to a system of immigration that appropriately addresses the needs of the US economy and is fair to both Peter and Paul. A system which gives out a green card in a timely fashion, based on skills, job requirements, and the time when the process was started. We need to advocate a change because the current system says to Paul "screw you" and rewards Peter.
I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!
On the contrary, under the current system immigrants from all nations do not have an equal opportunity to apply for a green card. Immigrants from the retrogressed countries are at an unfair disadvantage.
It is easy to see: A guy from ROW and a guy from India both are equally qualified engineers who have a EB2 PD of Jan 2008. The guy from ROW can apply to adjust status now, but the guy from India cannot apply until five years from now. That doesn't tell me that both immigrants have an equal opportunity.
Both immigrants would have had an equal opportunity if both could apply for GC at the same time. Once you have entered the country, have been gainfully employed, and your immigrant petition has been approved, how does it matter whether you came from India, china or Timbuktu? Your employer needs you for your skills, not your place of birth. Do you resolve your day to day office problems with your birth certificate pasted to your forehead?
Regarding your argument on diversity:
You need to understand that the country cap (set up 50 years ago) was NOT set up to give all countries an equal shot at sending EB immigrants to the US. The cap was based and an already existing xenophobic tendency (formally expressed way back in 1924) and the desire to retain the cultural and racial character of the US of '65. They would do fine with only handful of you if you didn't eat, drink, talk, walk and look like them.
Now, you need to understand another important point - The world has changed by leaps and bounds in the last fifty years, all made possible by advances in technology and a conscientious effort by governments to educate their people. As a result there are highly skilled people all over the world, who bring their own unique character and experience to the work place. And things have changed dramatically in the US too. Among other things, the US has become more accommodating to people of different cultural identities. Economically, the US is in need of more high skilled people than ever before. This is an irreversible trend, where the US of today is more interested in who you are and what you bring to the table than what you look like. If a few thousand Indians or Chinese are given the green card, based on their SKLLS, it will not alter the racial and cultural character of 300000000 Americans (that's 300 followed by six zeros). Rather it will only make it richer.
Usually politicians work in reactionary mode – they will espouse an idea once it is obvious that they can’t do without it. The fact that discussion to remove country caps in EB has come up in the congress means that the American people have already written it off as an absurd idea.
The law will change, whether you like it or not.
Read here and get yourself some education:
http://en.wikipedia.org/wiki/Immigration_Act_of_1924
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1952
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Services_Act_of_1965
Regarding the agenda:
The agenda of this organization is pretty darn obvious if you care to go through the home page. The idea is to get as close as possible to a system of immigration that appropriately addresses the needs of the US economy and is fair to both Peter and Paul. A system which gives out a green card in a timely fashion, based on skills, job requirements, and the time when the process was started. We need to advocate a change because the current system says to Paul "screw you" and rewards Peter.
I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!
caydee
06-13 10:10 AM
I'm sure something is cooking in the senate cauldron. The CIR will be back and I don't expect these conclaves to result in any radical H1/EB changes.
Like Obelix we will not get any magic portion as we all fell into it when we were born....
Like Obelix we will not get any magic portion as we all fell into it when we were born....
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rck4evr
09-10 02:25 PM
They just started talking about immigration. I can read the name clearly but I think its Zoe Lofgren. She is talking about a lady who was deported because of immigration issues.
more...
vin13
03-09 12:22 PM
This is horrible. Does not make much sense.
validIV
03-09 01:09 PM
F. VISA AVAILABILITY IN THE COMING MONTHS
During the past year, many preference categories have experienced steady and sometimes rapid cut-off date movement. Such action is normally followed by an increase in applicant demand. Heavy applicant demand for numbers in some categories could require cut-off date movements to slow, stop, or even retrogress at some point during the remainder of FY in order to hold visa use within the applicable annual numerical limits. Should such action occur, it would most likely be only temporary in nature, pending the start of the new fiscal year in October.
Looks like EB3 Philippines and ROW is stuck at 03 till October. gg retrogression.
During the past year, many preference categories have experienced steady and sometimes rapid cut-off date movement. Such action is normally followed by an increase in applicant demand. Heavy applicant demand for numbers in some categories could require cut-off date movements to slow, stop, or even retrogress at some point during the remainder of FY in order to hold visa use within the applicable annual numerical limits. Should such action occur, it would most likely be only temporary in nature, pending the start of the new fiscal year in October.
Looks like EB3 Philippines and ROW is stuck at 03 till October. gg retrogression.
more...
styrum
01-18 12:43 PM
This is obvious that it is the "Green Card" and/or temporary visas stamped in the passports of tourists and other short-term visitors that were meant in this law. Then it makes sense, of course: visitors usually don't have any form of identification other than their passport with a visa and immigrants have a small plastic "green card".
When this law was being written apparently nobody was keeping in mind that there would be "temporary aliens" who are not tourists but people like us, who have lived in the country for many years but don't have an easy to carry "alien registration card" (official for GC) yet. It is absolutely understandable if you recall the CIR discussion in the congress: if any regular person listened to the debate he would be absolutely convinced that with respect to the immigration issue the only categories of people that exist are 1. Legal permanent residents, who have all the rights, same as citizens and no problems. 2. People who want to immigrate to US but currently live outside the country and "are waiting in line" 3. Illegals.
We don't exist!
When this law was being written apparently nobody was keeping in mind that there would be "temporary aliens" who are not tourists but people like us, who have lived in the country for many years but don't have an easy to carry "alien registration card" (official for GC) yet. It is absolutely understandable if you recall the CIR discussion in the congress: if any regular person listened to the debate he would be absolutely convinced that with respect to the immigration issue the only categories of people that exist are 1. Legal permanent residents, who have all the rights, same as citizens and no problems. 2. People who want to immigrate to US but currently live outside the country and "are waiting in line" 3. Illegals.
We don't exist!
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gimme_GC2006
07-15 11:12 AM
Is your case still @ Local Office
I think so..atleast there were no LUDs
Thats actually a good question..now I am thinking :confused:
I think so..atleast there were no LUDs
Thats actually a good question..now I am thinking :confused:
more...
invincibleasian
01-31 06:17 PM
I am actually looking for a very simple answer : My husband whose EB-2 I-140 had been approved some time back, wants to quit his job & pursue MBA on F-1. Would the I-539 be approved in this case ? Or should he plan for H4.
BTW , he has no plans to travel out of country so stamping is not an issue.
H4 is the best option. F1to h1 is a pain!
BTW , he has no plans to travel out of country so stamping is not an issue.
H4 is the best option. F1to h1 is a pain!
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saro28
07-12 06:48 PM
Same boat as you! Legally in this country for more than 11 years! Hope they approve on time. Debating whether to extend the EAD or wait for the card
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
more...
alex99
04-10 10:35 AM
please participate
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velan
04-22 08:11 AM
Thanks for attending and updating us.
Overall, the turnout was good. And the audience was very involved. The thing that impressed me the most was the resolve I saw in the Congressman.
The Congressman's speech also covered both family and employment based immigration issues and this, in my opinion, justifies the association of the term "Comprehensive" with the STRIVE bill. This bill, being comprehensive in nature, deserves broad-based support. I am sure we all can do our part to ensure that this happens.
Overall, the turnout was good. And the audience was very involved. The thing that impressed me the most was the resolve I saw in the Congressman.
The Congressman's speech also covered both family and employment based immigration issues and this, in my opinion, justifies the association of the term "Comprehensive" with the STRIVE bill. This bill, being comprehensive in nature, deserves broad-based support. I am sure we all can do our part to ensure that this happens.
more...
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fcres
07-23 03:52 PM
This is the press release in April that became effective Jun 18th http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
And this is the inter office memo
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
It does say CIS MAY deny a case if the initial evidences are missing , though adjudicators are urged to use this option judiciously.
Mine was filed without EVL and it has been receipted (in June). My lawyer asked me not to worry about it.
And this is the inter office memo
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
It does say CIS MAY deny a case if the initial evidences are missing , though adjudicators are urged to use this option judiciously.
Mine was filed without EVL and it has been receipted (in June). My lawyer asked me not to worry about it.
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sbabunle
07-02 09:46 AM
bheemi
Nobody is invincible or above the law here. If we have the right resource
we could do that. Remember Pres: Clinton was impeached once.. As an organization our main problem is money. People often visit here to find a remedy for their proble, or to get some information. But the contributing members are very less. If we have right resources and right reasons we can bring anyone to their knees
babu
YOU PEOPLE understand first what i kept in the reply. I did not blame IV for doing other efforts..I am talking about facts about USCIS..So dont make fool us or yourself as IV or any other organization will not be able to attack USCIS..Bcoz USCIS is monarch..
Nobody is invincible or above the law here. If we have the right resource
we could do that. Remember Pres: Clinton was impeached once.. As an organization our main problem is money. People often visit here to find a remedy for their proble, or to get some information. But the contributing members are very less. If we have right resources and right reasons we can bring anyone to their knees
babu
YOU PEOPLE understand first what i kept in the reply. I did not blame IV for doing other efforts..I am talking about facts about USCIS..So dont make fool us or yourself as IV or any other organization will not be able to attack USCIS..Bcoz USCIS is monarch..
more...
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angelfire76
02-13 06:17 PM
This is ridiculous; no one asked you to come to this country.
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
Can I then go ask your employer as to why he/she is paying you more than what they might think you deserve to get ? :rolleyes:
After all nobody is forcing you to work with the company right?
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
Can I then go ask your employer as to why he/she is paying you more than what they might think you deserve to get ? :rolleyes:
After all nobody is forcing you to work with the company right?
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willgetgc2005
04-20 05:11 PM
If there si anyone form Cisco, can you please post this info in Cisco masala mailing list ?
I will send my phone number as pm.
I will send my phone number as pm.
more...
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PresidentO
02-11 01:19 PM
Read this
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
and tell us, where do you see 13,000 unused numbers?
Desi3933,
+1
People keep falling for the attorney's sensationalism. If he is so *darn* right, why does not he got to DOS and get an explanation on why they did not extend dates further and why DOS did not do the math right. Just because you have a blog does not mean that you can write what ever you want. Well I guess you could. Obviously, our fellow members think that they really lost a chance at the green card. An attorney writes a piece of crap with out substantiative evidence or an authority such as DOS confirming underutilization of visa numbers and our members go on the roof and start yelling What is IV doing?
If any one has looked at the bills sponsored by congresswoman lofgren in the past congress, one of the bills eliminate the spill over of visas from FB to EB and vice versa. If the numbers are coming into EB from FB this year, FB was the one that was supposed to get numbers from EB last year. As I recall during the final Q of 08, DOS announced that there were 22K visa numbers or what so ever that came in from FB and moved dates all the way into Aug 06 for EB2 India. Hence there must *NOT* have been any spill over last year and DOS unable to walk on the slippery slope actually issued 1120 more visas as you pointed and benefitted AOS applicants.
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
and tell us, where do you see 13,000 unused numbers?
Desi3933,
+1
People keep falling for the attorney's sensationalism. If he is so *darn* right, why does not he got to DOS and get an explanation on why they did not extend dates further and why DOS did not do the math right. Just because you have a blog does not mean that you can write what ever you want. Well I guess you could. Obviously, our fellow members think that they really lost a chance at the green card. An attorney writes a piece of crap with out substantiative evidence or an authority such as DOS confirming underutilization of visa numbers and our members go on the roof and start yelling What is IV doing?
If any one has looked at the bills sponsored by congresswoman lofgren in the past congress, one of the bills eliminate the spill over of visas from FB to EB and vice versa. If the numbers are coming into EB from FB this year, FB was the one that was supposed to get numbers from EB last year. As I recall during the final Q of 08, DOS announced that there were 22K visa numbers or what so ever that came in from FB and moved dates all the way into Aug 06 for EB2 India. Hence there must *NOT* have been any spill over last year and DOS unable to walk on the slippery slope actually issued 1120 more visas as you pointed and benefitted AOS applicants.
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desi3933
03-17 07:21 AM
Did you just say "Just because people are not getting green cards does not mean wastage":D
That is exactly why we need to understand the process.
Have a look at visa numbers issued to EB category for the last 5 years and decide for yourself if visa numbers were wasted. I hope this helps with your "anxiety".
Year 2005 2006 2007 2008 2009
EB-All 246,877 159,081 162,176 166,511 141,020
EB1 64,731 36,960 26,697 36,678 40,978
EB2 42,597 21,911 44,162 70,046 46,034
EB3 129,070 89,922 85,030 48,903 39,791
EB4 10,133 9,539 5,481 9,524 9,999
EB5 346 749 806 1,360 4,218
_________________
Not a legal advice.
That is exactly why we need to understand the process.
Have a look at visa numbers issued to EB category for the last 5 years and decide for yourself if visa numbers were wasted. I hope this helps with your "anxiety".
Year 2005 2006 2007 2008 2009
EB-All 246,877 159,081 162,176 166,511 141,020
EB1 64,731 36,960 26,697 36,678 40,978
EB2 42,597 21,911 44,162 70,046 46,034
EB3 129,070 89,922 85,030 48,903 39,791
EB4 10,133 9,539 5,481 9,524 9,999
EB5 346 749 806 1,360 4,218
_________________
Not a legal advice.
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pyaradesi
02-03 09:28 PM
Folks,
I am not a naysayer, I think the IV core team has done a great job of giving a voice to us.
But, there are a few questions that I am not convinced myself:
1. why remove per country quota just for EB, why not family based immigration as well?
2. what will happen after removing per country limits, what kind of numbers are we looking at? how many new PRs? What is the impact on the country,economic, social, cultural, I do care about the USA.
3. By asking legislators to remove these per country quota limits, isn't this a paradigm shift in thinking?
When I, a guy impacted by this EB backlog am not convinced, how the heck are we going to make a case to some congressman/woman? We should definitely move away from this snobbish view that EB folks are better than others, or that the USA needs the EB folks more than EB folks need the USA.
That said, I do believe that we have a humanitarian case for folks like us who are already in the queue. Educating congress about the path taken by the average EB immigrant would help. At the end of the day human life is human life even it is it Indian.
I am not a naysayer, I think the IV core team has done a great job of giving a voice to us.
But, there are a few questions that I am not convinced myself:
1. why remove per country quota just for EB, why not family based immigration as well?
2. what will happen after removing per country limits, what kind of numbers are we looking at? how many new PRs? What is the impact on the country,economic, social, cultural, I do care about the USA.
3. By asking legislators to remove these per country quota limits, isn't this a paradigm shift in thinking?
When I, a guy impacted by this EB backlog am not convinced, how the heck are we going to make a case to some congressman/woman? We should definitely move away from this snobbish view that EB folks are better than others, or that the USA needs the EB folks more than EB folks need the USA.
That said, I do believe that we have a humanitarian case for folks like us who are already in the queue. Educating congress about the path taken by the average EB immigrant would help. At the end of the day human life is human life even it is it Indian.
kalakotim
07-18 10:03 AM
Guys,
We all should be ok.One of my friends called USCIS several times and everytime he has been told that all the applications filed on July 2nd and after were put on HOLD. I wouldn't worry abt Greg's comments.
We all should be ok.One of my friends called USCIS several times and everytime he has been told that all the applications filed on July 2nd and after were put on HOLD. I wouldn't worry abt Greg's comments.
paskal
07-03 03:51 PM
I did not read in detail this debate ..but I can say that many qualified and experienced people will not agree for the above ..esp if they have kids who go to school. for e.g. ..for me to do the above is not possible at all.
at the maximum, youngsters will do this once ..to get some American experience.
just imagine what the kid has to go through for such cases ..do schooling here for 4 years ..do schooling in India (find a school )..then the kid has to learn several languages, new system etc etc ..then comeback here and start school..almost impossible
and I think many sensible people will not do the above ..relocating to their own country or to go to a country (like canada) is much much better in these cases.
nixstor,
they have considerably raised the bar for EB1 A and EB1 b to discourage people applying, but I suspect that if you run a trend, EB1C is on the rise. I think you might be surprised about how often it does actually happen.
I half expect EB1 to be retrogressed at some point. There is a big backlog of pending !40's in EB1- NSC is running over a year behind.
albertpinto:
it's a whole of 365 days. people do it, i have seen it happen. what makes you think a big multinational has to send you to india? you could go to a european office, your family could stay behind, you could be sent to an english speaking country, kids could be young enough...there are a million ways to deal with this inconveneience when the rewards are clear. even now, people in consulting travel all the time, they are hardly home, so what's the huge difference in being across the pond (you get to travel back, your family gets to travel there)? sure, not for everyone, but when possible, this loophole is very much in use.
at the maximum, youngsters will do this once ..to get some American experience.
just imagine what the kid has to go through for such cases ..do schooling here for 4 years ..do schooling in India (find a school )..then the kid has to learn several languages, new system etc etc ..then comeback here and start school..almost impossible
and I think many sensible people will not do the above ..relocating to their own country or to go to a country (like canada) is much much better in these cases.
nixstor,
they have considerably raised the bar for EB1 A and EB1 b to discourage people applying, but I suspect that if you run a trend, EB1C is on the rise. I think you might be surprised about how often it does actually happen.
I half expect EB1 to be retrogressed at some point. There is a big backlog of pending !40's in EB1- NSC is running over a year behind.
albertpinto:
it's a whole of 365 days. people do it, i have seen it happen. what makes you think a big multinational has to send you to india? you could go to a european office, your family could stay behind, you could be sent to an english speaking country, kids could be young enough...there are a million ways to deal with this inconveneience when the rewards are clear. even now, people in consulting travel all the time, they are hardly home, so what's the huge difference in being across the pond (you get to travel back, your family gets to travel there)? sure, not for everyone, but when possible, this loophole is very much in use.