shreekarthik
10-08 06:40 PM
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
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viswanadh73
11-18 02:19 PM
I am wondering none of these senators who responded as of now understand our request for adding the provision of recapturing unused visas. Please read below response from IOWA senator and not even one word about our request.
I appreciate you taking the time to share with me your views regarding S. 729, the Development, Relief, and Education for Alien Minors Act. The views of my fellow Iowans are an essential component of my decision making process as a Member of Congress.
As you may know, Senator Richard Durbin introduced S. 729 on March 26, 2009. This legislation would allow unlawful immigrants who entered the U.S. as minors to gain eligibility for higher education benefits based on state residence, unless a U.S. citizen is eligible for the same benefits. S. 729 has been referred to the Senate Committee on Judiciary. You will be interested to know that Congressman Howard Berman introduced H.R. 1751, the American Dream Act, on March 26, 2009, which would create a similar law. H.R. 1751 has been referred to the House Committee on Judiciary and the House Committee on Education and Labor. Please be assured that I will keep your views in mind should the full House consider this issue during the 111th Congress.
Our nation faces many challenges, and economic recovery is vital if we are to meet them. As a senior member of the House Committee on Transportation and Infrastructure, I will continue building upon the job creation opportunities that I have delivered to the 3rd District in order to expand commerce, spur business development, and provide economic opportunity to all. I periodically provide electronic updates on issues I think my constituents might be interested in. If you would like to receive the E-newsletter, please sign up at my Web Site at Congressman Leonard Boswell : Home (http://boswell.house.gov). As always, please feel free to contact me or my office if ever you think we may be of assistance.
Sincerely,
Leonard L. Boswell
Member of Congress
I appreciate you taking the time to share with me your views regarding S. 729, the Development, Relief, and Education for Alien Minors Act. The views of my fellow Iowans are an essential component of my decision making process as a Member of Congress.
As you may know, Senator Richard Durbin introduced S. 729 on March 26, 2009. This legislation would allow unlawful immigrants who entered the U.S. as minors to gain eligibility for higher education benefits based on state residence, unless a U.S. citizen is eligible for the same benefits. S. 729 has been referred to the Senate Committee on Judiciary. You will be interested to know that Congressman Howard Berman introduced H.R. 1751, the American Dream Act, on March 26, 2009, which would create a similar law. H.R. 1751 has been referred to the House Committee on Judiciary and the House Committee on Education and Labor. Please be assured that I will keep your views in mind should the full House consider this issue during the 111th Congress.
Our nation faces many challenges, and economic recovery is vital if we are to meet them. As a senior member of the House Committee on Transportation and Infrastructure, I will continue building upon the job creation opportunities that I have delivered to the 3rd District in order to expand commerce, spur business development, and provide economic opportunity to all. I periodically provide electronic updates on issues I think my constituents might be interested in. If you would like to receive the E-newsletter, please sign up at my Web Site at Congressman Leonard Boswell : Home (http://boswell.house.gov). As always, please feel free to contact me or my office if ever you think we may be of assistance.
Sincerely,
Leonard L. Boswell
Member of Congress
jsb
12-20 10:23 AM
Hi All,
I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.
Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?
Thanks in advance!
Prior to getting your GC, you can work
(i) On any job using EAD
(ii) Job with a specific employer (which may or may not be your sponsor) using H1, L1, etc.
Until you get your GC, you are supposed to be a guest worker. USCIS only cares if sponsoring employer (or any other employer after 180 days of AOS pending) has a job offer for you on your getting GC.
If you are already working with the employer (prior to or at the time of getting GC) where you would work AFTER getting your GC, it only re-enforces your and your employers intentions.
So, in brief answer to your question is, no you will not be in trouble, as long as sponsoring employer (or any other employer after 180 days) is willing to confirm their intentions of hiring you if and when USCIS asks for it.
You can actually switch your job even prior to 180 days of filings AOS without impacting your case. You need not even have worked at all for the sponsoring emloyer. USCIS memos clarify these issues in detail.
I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.
Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?
Thanks in advance!
Prior to getting your GC, you can work
(i) On any job using EAD
(ii) Job with a specific employer (which may or may not be your sponsor) using H1, L1, etc.
Until you get your GC, you are supposed to be a guest worker. USCIS only cares if sponsoring employer (or any other employer after 180 days of AOS pending) has a job offer for you on your getting GC.
If you are already working with the employer (prior to or at the time of getting GC) where you would work AFTER getting your GC, it only re-enforces your and your employers intentions.
So, in brief answer to your question is, no you will not be in trouble, as long as sponsoring employer (or any other employer after 180 days) is willing to confirm their intentions of hiring you if and when USCIS asks for it.
You can actually switch your job even prior to 180 days of filings AOS without impacting your case. You need not even have worked at all for the sponsoring emloyer. USCIS memos clarify these issues in detail.
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arunsarun
06-22 12:23 PM
its not just this employer, many f____ employers have same issue they dont want to file 485 and atleast they are trying to delay the process as much as possible. They are fearing that the employees on L visas will have an oppurtunity to switch company if they get their GCs sooner.
Its our fate
Its our fate
more...
sbabunle
05-03 05:12 PM
Does SKILL or any other upcoming Bill would annul AC-21 rules? ( if enacted into law)
thanks
babu.
thanks
babu.
h1bmajdoor
07-07 08:57 PM
All officials have talked about processing 60k visas in a month to avoid visas going waste.
None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
So, why the mad rush to give out all visas by 06/30?? We all know why..
some people say this was because of the Kennedy-Bush bill... to get good press for the bill.
IMO that may be true, but having seen the way US works, i'm willing to bet 25 cents that some high official's bonus depended on ending retrogression. So he did it, for all of 2 weeks.
None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
So, why the mad rush to give out all visas by 06/30?? We all know why..
some people say this was because of the Kennedy-Bush bill... to get good press for the bill.
IMO that may be true, but having seen the way US works, i'm willing to bet 25 cents that some high official's bonus depended on ending retrogression. So he did it, for all of 2 weeks.
more...
amitjoey
07-09 05:54 PM
Hello <TV station name>:
I am writing to you to give you a heads-up on a news story which is
about to happen on July 10th 2007. If you have been following the
issue of Immigration in the news lately, the United States Citizenship
and Immigration Services (USCIS) along with the Department of
State(DoS) announced an update to the July Visa bulletin essentially
eliminating any chances to apply for "Adjustment of Status" aka. the
last stage of the Green Card/Permanent Residency process. This
bulletin was was originally published during the mid month of June
inviting all legal immigrants to apply for Permanent Residency.
The Visa bulletin is a formal communication method to all Immigration
adjudication officers and personnel in National and International
consular offices of the United States of America, advising the
personnel of the availability of Permanent Resident visas which are
capped at 140,000 a year worldwide. The system has already forced many
delays and approx. 400,000 applications are back-logged.
This update was released on July 2nd, the first business day for the
month of July. Thousands of dollars were spent in legal fees and
medical examination fees by some 200,000 highly skilled legal
immigrants who chose to follow the rules and abide by the laws.
Several lawsuits have been filed against USCIS and DoS asking for
reimbursement of legal and medical expenses by AILF (American
Immigration Law Foundation) and AILA (American Immigrant Lawyers
Association).
The Legal immigrant community backed by ImmigrationVoice.org (a 15,000
strong group representing the Highly Skilled Legal Immigrants
Community) is resorting to a unique way of protesting this decision.
We have decided to take a leaf out of Mahatma Gandhi's book and send a
dozen flowers to the USCIS Director Emilio Gonzalez as a way of
protesting against this debacle brought upon by the high handedness of
the two departments.
Please find attached the Press release from ImmigrationVoice detailing
this protest.
As always, you folks at <TV Station> have always given unbiased coverage to
events, both local and nation wide. I hope you will cover this story
and bring to light this case of cheating by the USCIS and Dept. of
State.
If you have any questions, please do not hesitate to contact me @ <your-number/contact info>
Best regards,
<Your-name>
REFERENCES:
-----------------------
http://www.immigrationvoice.org
News recording of the Coverage by NBC Nightly news:-
http://www.youtube.com/watch?v=RVhgb6yoc8w
Thanks for your efforts, this is exactly what we need.
I am writing to you to give you a heads-up on a news story which is
about to happen on July 10th 2007. If you have been following the
issue of Immigration in the news lately, the United States Citizenship
and Immigration Services (USCIS) along with the Department of
State(DoS) announced an update to the July Visa bulletin essentially
eliminating any chances to apply for "Adjustment of Status" aka. the
last stage of the Green Card/Permanent Residency process. This
bulletin was was originally published during the mid month of June
inviting all legal immigrants to apply for Permanent Residency.
The Visa bulletin is a formal communication method to all Immigration
adjudication officers and personnel in National and International
consular offices of the United States of America, advising the
personnel of the availability of Permanent Resident visas which are
capped at 140,000 a year worldwide. The system has already forced many
delays and approx. 400,000 applications are back-logged.
This update was released on July 2nd, the first business day for the
month of July. Thousands of dollars were spent in legal fees and
medical examination fees by some 200,000 highly skilled legal
immigrants who chose to follow the rules and abide by the laws.
Several lawsuits have been filed against USCIS and DoS asking for
reimbursement of legal and medical expenses by AILF (American
Immigration Law Foundation) and AILA (American Immigrant Lawyers
Association).
The Legal immigrant community backed by ImmigrationVoice.org (a 15,000
strong group representing the Highly Skilled Legal Immigrants
Community) is resorting to a unique way of protesting this decision.
We have decided to take a leaf out of Mahatma Gandhi's book and send a
dozen flowers to the USCIS Director Emilio Gonzalez as a way of
protesting against this debacle brought upon by the high handedness of
the two departments.
Please find attached the Press release from ImmigrationVoice detailing
this protest.
As always, you folks at <TV Station> have always given unbiased coverage to
events, both local and nation wide. I hope you will cover this story
and bring to light this case of cheating by the USCIS and Dept. of
State.
If you have any questions, please do not hesitate to contact me @ <your-number/contact info>
Best regards,
<Your-name>
REFERENCES:
-----------------------
http://www.immigrationvoice.org
News recording of the Coverage by NBC Nightly news:-
http://www.youtube.com/watch?v=RVhgb6yoc8w
Thanks for your efforts, this is exactly what we need.
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jindhal
09-24 01:35 PM
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Thank you!!
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Thank you!!
more...
ddeka
08-11 11:05 PM
I just got an email (not magic though) about EAD renewal approval. It was paper filed on 14th June. Not sure if it is for 2 yrs or 1 yr with my priority date current.;)
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mk26
11-17 04:20 PM
Sent the email (Florida)
more...
amits
07-20 12:08 PM
Aman, Hats off to you!
If you, core team are not taking the reimbursement, then I will contribute my pledged amount to IV contributions.
Thanks for everything you've done for legal immigrant community!!
It's a pleasure to be a part of this group!!!
If you, core team are not taking the reimbursement, then I will contribute my pledged amount to IV contributions.
Thanks for everything you've done for legal immigrant community!!
It's a pleasure to be a part of this group!!!
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nashim
06-01 06:32 PM
Hi Gurus,
I have couple of questions regarding my AC21 portability, please post your thoughts on this.
My I485 was filed in July, 2007 based on approved I140 (EB3 India). Now I have new approved EB2 PERM labor from same company and I am also working for the same GC sponsor company and planning to interfile to my existing I485 so that I can capture old PD in to EB2. My question is,
1) Can I invoke AC21 immediately after interfiling or do I need to wait another 6 months after interfiling?
2) Will there be any impact on my old I485 application in case of interfiling denial?
thanks
I have couple of questions regarding my AC21 portability, please post your thoughts on this.
My I485 was filed in July, 2007 based on approved I140 (EB3 India). Now I have new approved EB2 PERM labor from same company and I am also working for the same GC sponsor company and planning to interfile to my existing I485 so that I can capture old PD in to EB2. My question is,
1) Can I invoke AC21 immediately after interfiling or do I need to wait another 6 months after interfiling?
2) Will there be any impact on my old I485 application in case of interfiling denial?
thanks
more...
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sk2006
09-03 03:50 PM
Congrats n enjoy freedom
Just curious: Did you registered/sign up for CRIS mail?.
I believe it is really a nice surprise if we see the card rather than customary bunch mails.
Sheela,
I have signed up for cris mails.
I do get and did get emails on every update.
Online status shows the most recent update.
Just curious: Did you registered/sign up for CRIS mail?.
I believe it is really a nice surprise if we see the card rather than customary bunch mails.
Sheela,
I have signed up for cris mails.
I do get and did get emails on every update.
Online status shows the most recent update.
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november
07-02 11:26 PM
I was plannig to go to Canada to take care of the landing formalities, but happened to visit this website, http://www.notcanada.com.
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
more...
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maag
05-30 12:12 PM
Thanks Marty for all the advice.
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desi3933
07-10 06:50 AM
Problem with that argument once you own more than 5% of the company you will have file as investor. If your wife owns the company then you will have file under relative category. There were denials based on this.
Total BS. Do you have any reference link for case denials?
You are confusing filing new I-140 with employer (where beneficiary has >5% share) with AC-21 job change.
.
Total BS. Do you have any reference link for case denials?
You are confusing filing new I-140 with employer (where beneficiary has >5% share) with AC-21 job change.
.
more...
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hiralal
05-09 12:22 AM
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx[/QUOTE]
just a thought ..we should send it to media, congress and President Obama. what if some directives are coming up from the admin ...
DHS secy was saying they will be tough on H1 ..maybe they are tough on GC's too ..another point what if they are trying to waste the visas on purpose (to tighten immigration) ..and hence we need to send letters to media and congress. Media is a must !!
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx[/QUOTE]
just a thought ..we should send it to media, congress and President Obama. what if some directives are coming up from the admin ...
DHS secy was saying they will be tough on H1 ..maybe they are tough on GC's too ..another point what if they are trying to waste the visas on purpose (to tighten immigration) ..and hence we need to send letters to media and congress. Media is a must !!
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GCStatus
09-14 04:48 PM
Let's make sure that this thread or http://immigrationvoice.org/forum/showthread.php?t=21340 remains at the top "Recent forum posts" on IV homepage, so that more and more people can notice it and we can take a timely action. We might need some help from admin. to get this done. I see that "IV Forum login problems" thread is hardwired to remain at the top. We can do something similar for our thread.
Dear Admin - If at all its possible?
Dear Admin - If at all its possible?
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admin
05-06 03:55 PM
Another warning. We will not tolerate flaming wars or denigrating posts.
Can't we work together civilly for this? The illegal aliens speak in one voice and are more easily heard. While immigrants who are supposed to be "highly educated" like us have to fight within ourselves over every issue.
If you find some bad post, report it to us by clicking on the exclamation mark symbol. Don't retort.
Can't we work together civilly for this? The illegal aliens speak in one voice and are more easily heard. While immigrants who are supposed to be "highly educated" like us have to fight within ourselves over every issue.
If you find some bad post, report it to us by clicking on the exclamation mark symbol. Don't retort.
sareesh
11-18 02:48 PM
Done and also received "thank you for contacting email" from our Senator.
desi3933
06-27 02:00 PM
I asked my employer if they would tune the clauses to "1 yr after EAD" but they said NO - "it will be 1 yr after GC"
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
Employer can revoke I-140 anytime until I-485 is approved. After 180 calendar days of I-485 filing date, employee can continue I-485 seeking AC-21 protection . Employee must have open permanent job offer from another employer. The new job must be same or similar.
>> complaining against me to INS if i try to leave before getting the actual GC.
LoL. He is not even aware of the law. Employee is required join AFTER getting the green card, not before.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
Employer can revoke I-140 anytime until I-485 is approved. After 180 calendar days of I-485 filing date, employee can continue I-485 seeking AC-21 protection . Employee must have open permanent job offer from another employer. The new job must be same or similar.
>> complaining against me to INS if i try to leave before getting the actual GC.
LoL. He is not even aware of the law. Employee is required join AFTER getting the green card, not before.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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