uma001
08-13 08:53 AM
Hi uma001
Why you don't fill all your details?
What Details? I have mentioned in one of my posts here that my PERM has not yet been filed....No details regarding my green card processing.....Please read my posts to get more details on this.
Why you don't fill all your details?
What Details? I have mentioned in one of my posts here that my PERM has not yet been filed....No details regarding my green card processing.....Please read my posts to get more details on this.
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gcny2006
07-17 07:08 PM
absolutely awesome !!! I think i will have to stop being cheap and start contributing
bigboy007
04-14 11:21 PM
This is the only link that spots to this I have seen this earlier Not sure how reliable this is ? What is the need of any sublabor demand ( per direction of this thread?) if they just retain 140 date ? There would no need in first place for any one to use it .
Here is what i found on USCIS website Posted after 7/2007.. btw this is quoted in Labor sub case.
"The petitioner must establish that its ETA 750 job offer to the beneficiary is a realistic one. A petitioner's filing of an ETA 750 labor certification application establishes a priority date for any immigrant petition later filed based on the approved ETA 750. The priority date is the date that Form ETA 750 Application for Alien Employment Certification was accepted for processing by any office within the employment service system of the Department of Labor. See 8 CFR 5 204.5(d)."
http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2007/Jul262007_10B6203.pdf
snathan,
Here is something i found on the web for the interpretation of labor sub cases, the original PD stays with original beneficiary, but when the labor certification is used for another beneficiary then USCIS should allocate the new I-140 filing date as PD, not the original LC date.
Following link suggest that labor substitution should not grant PDs.
http://www.greencardapply.com/news/news05/news05_0308.htm
Can IV bring up this issue with USCIS contacts and see whats their interpretation of this rule?
You wont belive but the labor sub was a big mess and thanks god both USCIS and DoL realised this rule being abused and scrap it, but i am pretty sure the sub labor filed in July 2007 fiasco is clogging india EB-3 PD and it will remain at that level for next 2-3 yrs.
Here is what i found on USCIS website Posted after 7/2007.. btw this is quoted in Labor sub case.
"The petitioner must establish that its ETA 750 job offer to the beneficiary is a realistic one. A petitioner's filing of an ETA 750 labor certification application establishes a priority date for any immigrant petition later filed based on the approved ETA 750. The priority date is the date that Form ETA 750 Application for Alien Employment Certification was accepted for processing by any office within the employment service system of the Department of Labor. See 8 CFR 5 204.5(d)."
http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2007/Jul262007_10B6203.pdf
snathan,
Here is something i found on the web for the interpretation of labor sub cases, the original PD stays with original beneficiary, but when the labor certification is used for another beneficiary then USCIS should allocate the new I-140 filing date as PD, not the original LC date.
Following link suggest that labor substitution should not grant PDs.
http://www.greencardapply.com/news/news05/news05_0308.htm
Can IV bring up this issue with USCIS contacts and see whats their interpretation of this rule?
You wont belive but the labor sub was a big mess and thanks god both USCIS and DoL realised this rule being abused and scrap it, but i am pretty sure the sub labor filed in July 2007 fiasco is clogging india EB-3 PD and it will remain at that level for next 2-3 yrs.
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Sherman_tribiani
09-08 05:38 PM
No need to shout here...I know this is an educated community and I am trying to hold a logical debate. But very few posts have any logical responses. So far no convincing argument has been put forward explaining why they deserve the coveted work permits (aka Green Cards). This shows the immigration system need to be fixed to filter out such nuances.
To support my point, please see my additional posts: 101, 105,110 and 117. All responses I got were just BS, with no logic. These people know only how to talk with no action. America is a country of actions with razor sharp focus.
So my friend ,a personal advice to you: I have been following yours and others posts closely. You are wasting your time arranging all those buses and all other BS. The rally will not succeed. Just take a look how many people you have so far? Admit it you just don’t have the numbers to succeed.
Moderators/IV leadership please note that I would want to complete my series of replies and there are 10 more replies remaining. I feel that those posts are worth being replied to. I will appreciate if you will let me put my points. Thereafter, I really don't care. If you want to discuss this on phone, send me an e-mail first on sherman_tribiani@yahoo.com and we can set up some time.
You really are getting on my nerves now.
You are no future predictor... How can you say Strive Act is doomed?...
You as well as I know that we need just handful (probably four) of votes to pass this bill.
The rally is being done to lobby for the support. And if those undecided lawmakers come into our camp then we will win and you will LOSE!
To support my point, please see my additional posts: 101, 105,110 and 117. All responses I got were just BS, with no logic. These people know only how to talk with no action. America is a country of actions with razor sharp focus.
So my friend ,a personal advice to you: I have been following yours and others posts closely. You are wasting your time arranging all those buses and all other BS. The rally will not succeed. Just take a look how many people you have so far? Admit it you just don’t have the numbers to succeed.
Moderators/IV leadership please note that I would want to complete my series of replies and there are 10 more replies remaining. I feel that those posts are worth being replied to. I will appreciate if you will let me put my points. Thereafter, I really don't care. If you want to discuss this on phone, send me an e-mail first on sherman_tribiani@yahoo.com and we can set up some time.
You really are getting on my nerves now.
You are no future predictor... How can you say Strive Act is doomed?...
You as well as I know that we need just handful (probably four) of votes to pass this bill.
The rally is being done to lobby for the support. And if those undecided lawmakers come into our camp then we will win and you will LOSE!
more...
rameshk75
02-25 09:02 AM
It is really cool and very excellent idea. Hope we push this one forward with IV core support.
Libra
03-09 12:13 PM
Contributed $25
more...
sam2006
08-14 01:26 PM
kosars,
could you pl tell where was your 140 approved ?
thanks
This is in reply to sam2006 above. I had an LUD on my I140 on 7/28/07 but my application was mailed to TSC directly.
could you pl tell where was your 140 approved ?
thanks
This is in reply to sam2006 above. I had an LUD on my I140 on 7/28/07 but my application was mailed to TSC directly.
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MunnaBhai
12-18 07:55 PM
sent for myself and family.
more...
arunmohan
07-10 01:21 PM
We should file a law-suit or an online petition for country limit.
I will give my full support.
I will give my full support.
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alias
11-11 04:59 PM
I say again, go to the cops. I understand you did wrong when you hired an illegal immigrant, paid her in cash, etc. It shows your wrong intentions. But in all honesty, that argument is mute, you are not responsible to verify someone's immigration status, I bet you can argue that with an attorney. You are dealing with a much more serious issue here. I pity the guys who suggest not to complain. Either they don�t know what their son means to them, or they have simply messed up their life prioritizing GC over every thing else.
I don't support hiring an illegal nanny or getting someone from India. But what is done is past. Bigger crime here is someone hit your son. If I were you I would have made her life hell, I would have gone till any extent to make her realize what she did. I give a damn about the GC. My first priority is my child. If someone adult hits my child and I come to know about it...I am his dad for god sake. Protect your son so he can call you dad.
Hello guys,
Sorry for this non-immigration related post. We have this sudden, tragic situation that I wanted all of your advice on. Thank you for your time in reading this long post.
I don't support hiring an illegal nanny or getting someone from India. But what is done is past. Bigger crime here is someone hit your son. If I were you I would have made her life hell, I would have gone till any extent to make her realize what she did. I give a damn about the GC. My first priority is my child. If someone adult hits my child and I come to know about it...I am his dad for god sake. Protect your son so he can call you dad.
Hello guys,
Sorry for this non-immigration related post. We have this sudden, tragic situation that I wanted all of your advice on. Thank you for your time in reading this long post.
more...
gsc999
11-20 12:24 PM
Guys n Gals,
We can't donate to the Presidential candidates because we are not citizens but you have an option to make donations to IV.
With your support we can make a difference, a big difference!
Let your voice be heard.
We can't donate to the Presidential candidates because we are not citizens but you have an option to make donations to IV.
With your support we can make a difference, a big difference!
Let your voice be heard.
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ragz4u
04-27 02:11 PM
I have an idea which could be patented and work on it.
I cannot do, because iam still on H1-B with labor pending.
Also, i have doled out too much money multiple times for GC and still hanging.
Thanks
sri
If you really want to contribute, please send in your story via email. Template is available in the first post.
I cannot do, because iam still on H1-B with labor pending.
Also, i have doled out too much money multiple times for GC and still hanging.
Thanks
sri
If you really want to contribute, please send in your story via email. Template is available in the first post.
more...
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saileshdude
08-22 04:48 PM
I thought I will share this. Not sure if its going to help anyone.
Approached the entry counter where they give you token to inside and talk to IO. Surprisingly the person at the entry counter had IO written on her badge that she was wearing. She asked me reason to visit. I told her that I applied for my I-485 and have been current for this month , but have not heard anything. She asked if I was EB2 or Eb3. I told her EB2. She asked for receipts. I gave her 485 receipt and copy of I-140. She then compared my PD with copy of August Visa Bulletin. After she confirmed that I was current, she told me that my case is assigned to IO. I don't think she even entered my A# or receipt number. But I am not sure about this part because I dont remember the exact sequence of events. Anyway, I asked her whether my NC is clear. She then entered something in the system and told me that my NC was clear only last month and thats why my case has assigned to my IO. But this time she told me it was assigned on 8/8/08. She told me I should hear something soon. Did not and was not ready to give any time line. Also she did not mention anything about visa numbers being exhausted. If this had been the case she could have mentioned that.
After that I asked if everything else was clear, she mentioned without even looking at the system that everything is clear and I should hear on my case soon.
I dont know about rest of the stuff but I know that at least the NC info is consistent with the call I made to TSC few weeks ago. So I can at least believe that my NC is clear.
Hope this helps.
Approached the entry counter where they give you token to inside and talk to IO. Surprisingly the person at the entry counter had IO written on her badge that she was wearing. She asked me reason to visit. I told her that I applied for my I-485 and have been current for this month , but have not heard anything. She asked if I was EB2 or Eb3. I told her EB2. She asked for receipts. I gave her 485 receipt and copy of I-140. She then compared my PD with copy of August Visa Bulletin. After she confirmed that I was current, she told me that my case is assigned to IO. I don't think she even entered my A# or receipt number. But I am not sure about this part because I dont remember the exact sequence of events. Anyway, I asked her whether my NC is clear. She then entered something in the system and told me that my NC was clear only last month and thats why my case has assigned to my IO. But this time she told me it was assigned on 8/8/08. She told me I should hear something soon. Did not and was not ready to give any time line. Also she did not mention anything about visa numbers being exhausted. If this had been the case she could have mentioned that.
After that I asked if everything else was clear, she mentioned without even looking at the system that everything is clear and I should hear on my case soon.
I dont know about rest of the stuff but I know that at least the NC info is consistent with the call I made to TSC few weeks ago. So I can at least believe that my NC is clear.
Hope this helps.
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nareshg
07-07 01:52 PM
I sent mine from https://www.1888flowermall.com with Emilio's address as shipping address....
I see mine as billing address....is he going to get my complete name and address ?????
Is that the case for everyone and is it a problem ?
I see mine as billing address....is he going to get my complete name and address ?????
Is that the case for everyone and is it a problem ?
more...
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needhelp!
09-07 10:08 PM
We just need to make them work on our side.
Why only 10 you tube videos when there are 23000 members in this organization?
Why do I have to hand out flyers to complete strangers when 10000 visit the site everyday??
AND Why only 100 votes to attend rally on THIS (http://immigrationvoice.org/forum/showthread.php?t=12441)thread, when there are over 300 active users at THIS very moment???!!!
I think he is telling the truth. Otherwise we would have almost 100% attendance for the rally. But it does not seem like. So, i think we "so called higly educated and qualified" need to think about it.
Why only 10 you tube videos when there are 23000 members in this organization?
Why do I have to hand out flyers to complete strangers when 10000 visit the site everyday??
AND Why only 100 votes to attend rally on THIS (http://immigrationvoice.org/forum/showthread.php?t=12441)thread, when there are over 300 active users at THIS very moment???!!!
I think he is telling the truth. Otherwise we would have almost 100% attendance for the rally. But it does not seem like. So, i think we "so called higly educated and qualified" need to think about it.
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arc
08-14 01:47 PM
I guess if your receipt number starts with SRC, it was processed at TSC.
It starts from LIN so its NSC I guess!
It starts from LIN so its NSC I guess!
more...
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H1BDreamer
05-27 02:23 PM
filed on April 16, VSC. got receipt notice dated April 24.
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sgorla
04-05 02:54 PM
First of all, welcome to IV!
So far there is no information about how many H1B applications have been filed under US Master's or higher quota, but there is a rumor that it may reach as early as this week (I can't provide you a source for this rumor).
There is no tracking facility provided by the USCIS, however they will issue new release if the cap is reached. Note that the USCIS has to go through all the petitions they received so far to estimate how many of those applications fall into this specific category. As of now, the USCIS is accepting new H1B petitions falling under master's quota.
You may want to re-enroll as a student at one of the universities after June'08 to maintain your status, if you can not file for new H1B this fiscal year.
Hope this helps!
Hello everybody,
I'm a new member and i joined this forum today because i'm stuck in a knot. I am a Master's Student and i'll be graduating this May 2007. I have applied for my OPT which will start from 04 Jun 2007 and will end by 04june 2008. Now the next day after i sent my OPT forms to the immigration i read the news about the H1 general quota being filled already on the first day. I am really confused now.
Here is where i need your help, any prediction or idea when the Master's quota would be filled this year? Is there any way (website or something) that we can keep trck of the number of H1 application vacancies available in the Master's quota.?? Till what date so you think i should have a company file my H1 if i have to get into the MAster's quota this year?
These are the three questions that i seek the answers for...
Well if in case i am not able to file my H1 this year i can do that next year but the prolem is on the 5th of June 2008 my OPT is going to end and then till Oct 2008 i'll have a status problem. Any suggestions on what i can do and what are my options?
Any help and suggestion from anybody would greatly help me in deciding my future and your comments would be highly appreciated. Waiting eagerly for a response.
So far there is no information about how many H1B applications have been filed under US Master's or higher quota, but there is a rumor that it may reach as early as this week (I can't provide you a source for this rumor).
There is no tracking facility provided by the USCIS, however they will issue new release if the cap is reached. Note that the USCIS has to go through all the petitions they received so far to estimate how many of those applications fall into this specific category. As of now, the USCIS is accepting new H1B petitions falling under master's quota.
You may want to re-enroll as a student at one of the universities after June'08 to maintain your status, if you can not file for new H1B this fiscal year.
Hope this helps!
Hello everybody,
I'm a new member and i joined this forum today because i'm stuck in a knot. I am a Master's Student and i'll be graduating this May 2007. I have applied for my OPT which will start from 04 Jun 2007 and will end by 04june 2008. Now the next day after i sent my OPT forms to the immigration i read the news about the H1 general quota being filled already on the first day. I am really confused now.
Here is where i need your help, any prediction or idea when the Master's quota would be filled this year? Is there any way (website or something) that we can keep trck of the number of H1 application vacancies available in the Master's quota.?? Till what date so you think i should have a company file my H1 if i have to get into the MAster's quota this year?
These are the three questions that i seek the answers for...
Well if in case i am not able to file my H1 this year i can do that next year but the prolem is on the 5th of June 2008 my OPT is going to end and then till Oct 2008 i'll have a status problem. Any suggestions on what i can do and what are my options?
Any help and suggestion from anybody would greatly help me in deciding my future and your comments would be highly appreciated. Waiting eagerly for a response.
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frostrated
08-14 12:08 PM
Hi Guys.. need someone to answer my question, if possible. Thanks in advance.
My PD is Sep 2004 ( EB2 India ) and I was also July 2007 filer, and also the victim of my 485 being closed by USCIS nebraska in May 2008, which anyways got reopened within a month after supplying necessary documentation ( Approved I140 and moved to new company etc ) . I work on an EAD now. My question is
1) My AP is expiring in mid October. Should I file for a AP renewal and spend extra money ? Do I have a chance of getting GC in September ? Btw I was told last year at USCIS newark, NJ office that all the background checks and other things show clear on my case.
2) I moved my apartment 2 blocks away early this year, but my city and zip code are the same. If I file an AR11 ( change of address ) , will it raise any flags, since I have read on this forum that a change of address sometimes prompts an RFE. I am a bit scared of going through ups and downs, so I just feel like not doing anything which might create any kind of issue after so many years of pain.
Please give your insight. Thanks so much in advance !
Jim77, it is highly advisable to apply for your EAD (if it is expiring soon), not neccessarily your AP if you do not intend to travel. You also will need to file your AR11, reason being any government communication is not forwared to the new address. If you were to be approved for the GC next month, it will not reach you as the post office will send it back to USCIS as undeliverable. Filing an AR11 will not trigger any RFE. Maybe if you changed cities, then it might coz there might be a concern on what status you were working on, like if you had an AC21 etc. but within the same zipcode, I dont think so.
My PD is Sep 2004 ( EB2 India ) and I was also July 2007 filer, and also the victim of my 485 being closed by USCIS nebraska in May 2008, which anyways got reopened within a month after supplying necessary documentation ( Approved I140 and moved to new company etc ) . I work on an EAD now. My question is
1) My AP is expiring in mid October. Should I file for a AP renewal and spend extra money ? Do I have a chance of getting GC in September ? Btw I was told last year at USCIS newark, NJ office that all the background checks and other things show clear on my case.
2) I moved my apartment 2 blocks away early this year, but my city and zip code are the same. If I file an AR11 ( change of address ) , will it raise any flags, since I have read on this forum that a change of address sometimes prompts an RFE. I am a bit scared of going through ups and downs, so I just feel like not doing anything which might create any kind of issue after so many years of pain.
Please give your insight. Thanks so much in advance !
Jim77, it is highly advisable to apply for your EAD (if it is expiring soon), not neccessarily your AP if you do not intend to travel. You also will need to file your AR11, reason being any government communication is not forwared to the new address. If you were to be approved for the GC next month, it will not reach you as the post office will send it back to USCIS as undeliverable. Filing an AR11 will not trigger any RFE. Maybe if you changed cities, then it might coz there might be a concern on what status you were working on, like if you had an AC21 etc. but within the same zipcode, I dont think so.
hsingh82
02-25 04:07 PM
�A journey of a thousand miles begins with a small step.�
~ Lao Tzu (570-490 BC), Famous Inspirational quote by the Chinese Founder of Taoism.
Recently all of us in the IV community were thinking and worrying about what the future holds for skilled immigrants in this country. Day by day things are getting tougher! All of us in IV community (including the leadership) have different ideas about how to approach the problem. Under the IV leadership, we have a set of declared priorities and our lobbyists and community are working for those. Even when we work for those stated goals and priorities, we have to reevaluate what is feasible in the changing environment.
In this increased protectionist environment, Re-Capture, Country Cap Elimination and Immigrant Visa increase seems difficult if not impossible. So, I would like to propose a SMALL STEP, which would provide us HUGE BENEFITS and at the same time satisfy all stakeholders (including anti-immigrant community) as this is the least controversial method.
Some of us may say that this won�t work. Some of us support a big-bang theory. Some others argue for the already stated goals and priorities from the IV leadership team. I agree with all these groups of our brethren, but at the same time, I urge each and every member of our community to give a serious consideration of this proposal before shooting it down.
Please do not use this thread to point fingers at one another. Always remember, when you point fingers at someone, three of your fingers are pointing towards you and one stays neutral. Please try to avoid statements like the following in your reply to this post to encourage serious and productive discussion:
�Why didn�t you update your profile with all information?�
�What have you done so far for the community?�
�Did you participate in these so and so initiatives of IV?�
�You are a line cutter who used substitution�
Etc etc etc�the list goes on.
We have far more things that unite all of us than the few things that divide us. So, let us focus only those things that unite all of us. If we are united, we can easily solve all our differences. As AR Rahman said, always we have the option of choosing love over hate.
PROPOSAL
Our main concern with respect to GC journey is the UNCERTAINITY! I am sure all of us worried at least one time �What happens if my 485 gets denied after all these years of waiting?� Many of us here are expecting a GC wait time of 2-12 years. So, a denial at the end would be little bit disheartening.
The normal processing time of a 485 application ranges from 4 months to 12 months. For all the retrogressed countries, this would be 2-12 years. All of us, who are in the Adjustment of Status category, are legally allowed to stay and work here in the US. So, in no way we are additional burden to the country. So, all the shackles on the GC applicant and family during the years of retrogression period are not beneficial to anyone in this country and it is not protecting anyone�s job. These shackles just inflict pain to the GC applicant and family � that's all - nobody is benefitting from this!
So, if we can work to obtain Adjudication of all I-485s irrespective of whether the country is retrogressed or not � we have a solution. As per the INS rules, an immigrant VISA cannot be allocated outside the numerical limit. If the country is not under retrogression, the applicant will get his GC. If the applicant�s country is a retrogressed one, instead of obtaining the Green Card, I-485 processing-status could be changed to a new one such as �Adjudicated � Pending Visa Allocation� (meaning: Adjudication completed, Visa allocation pending). So, in essence, when the VISA numbers are available, then only the person will get Green Card. But at the same time, the applicant and family can feel the relief � No need to worry about RFE, NOID, MTR etc, because the 485 is already approved and it is in a Pending Visa Allocation status. So, in the case of all these retrogressed countries, the actual allocation of Green Card may take 2-12 years time depending on the availability. This option will go well with the protectionists.
If the status of the 485 application is �Adjudicated � Pending Visa Allocation� and the applicant�s country is a retrogressed one, S/he should be eligible to obtain 3, 4 or 5 year EADs with travel benefits associated. Also, the applicant should be able to take any job after 1 year of the status change date of the status �Adjudicated � Pending Visa Allocation�.
I believe the above proposal is a small step in the eyes of the protectionists where as it is a big leap for all retrogressed country applicants. We may be able to achieve this using administrative fix or an action from the Executing branch, as this won�t change the annual GC quota of 140000. Apart from this, this will encourage all those skilled immigrants to invest in American economy within 1-2 years of filing AOS application. At present most of us are sending our money to our home countries as our situation is so uncertain. This effort will definitely help the ailing economy and will serve as a boost to the housing market.
Whom should we approach to get this done?
Ans: Hillary � Yes Hillary Clinton. She is the number 1 friend of people from China and India, who is in the current administration. Her department is also in charge of the 140K Visa numbers, Travel related visas etc. If we can get support from Compete America, prominent members of Indian and Chinese communities in US, Ambassadors of China and India to US and approach Hillary, we will be successful. Hillary may be very much pleased to start an initiative to achieve this, as she has a chance to influence 700K+ Indians and Chinese immigrants in US, in a very positive way. At the same time, politically this won�t create much problem � Status quo will remain the same � even after such an administrative fix. There is no net addition of immigrants to this country.
With Hillary�s support, if we approach Janet Napolitano, we may have a solution.
Remember: �A journey of a thousand miles begins with a small step.�
So, once we obtain this admin fix (first step), then we will work to obtain the Allocation of GC issue for all those folks who are waiting to get the GC allocated.
Every progress starts from a dream. So, if someone would like to call this a dream, please feel free to!
Smart thinking.... excellent idea!!!!!!!!
~ Lao Tzu (570-490 BC), Famous Inspirational quote by the Chinese Founder of Taoism.
Recently all of us in the IV community were thinking and worrying about what the future holds for skilled immigrants in this country. Day by day things are getting tougher! All of us in IV community (including the leadership) have different ideas about how to approach the problem. Under the IV leadership, we have a set of declared priorities and our lobbyists and community are working for those. Even when we work for those stated goals and priorities, we have to reevaluate what is feasible in the changing environment.
In this increased protectionist environment, Re-Capture, Country Cap Elimination and Immigrant Visa increase seems difficult if not impossible. So, I would like to propose a SMALL STEP, which would provide us HUGE BENEFITS and at the same time satisfy all stakeholders (including anti-immigrant community) as this is the least controversial method.
Some of us may say that this won�t work. Some of us support a big-bang theory. Some others argue for the already stated goals and priorities from the IV leadership team. I agree with all these groups of our brethren, but at the same time, I urge each and every member of our community to give a serious consideration of this proposal before shooting it down.
Please do not use this thread to point fingers at one another. Always remember, when you point fingers at someone, three of your fingers are pointing towards you and one stays neutral. Please try to avoid statements like the following in your reply to this post to encourage serious and productive discussion:
�Why didn�t you update your profile with all information?�
�What have you done so far for the community?�
�Did you participate in these so and so initiatives of IV?�
�You are a line cutter who used substitution�
Etc etc etc�the list goes on.
We have far more things that unite all of us than the few things that divide us. So, let us focus only those things that unite all of us. If we are united, we can easily solve all our differences. As AR Rahman said, always we have the option of choosing love over hate.
PROPOSAL
Our main concern with respect to GC journey is the UNCERTAINITY! I am sure all of us worried at least one time �What happens if my 485 gets denied after all these years of waiting?� Many of us here are expecting a GC wait time of 2-12 years. So, a denial at the end would be little bit disheartening.
The normal processing time of a 485 application ranges from 4 months to 12 months. For all the retrogressed countries, this would be 2-12 years. All of us, who are in the Adjustment of Status category, are legally allowed to stay and work here in the US. So, in no way we are additional burden to the country. So, all the shackles on the GC applicant and family during the years of retrogression period are not beneficial to anyone in this country and it is not protecting anyone�s job. These shackles just inflict pain to the GC applicant and family � that's all - nobody is benefitting from this!
So, if we can work to obtain Adjudication of all I-485s irrespective of whether the country is retrogressed or not � we have a solution. As per the INS rules, an immigrant VISA cannot be allocated outside the numerical limit. If the country is not under retrogression, the applicant will get his GC. If the applicant�s country is a retrogressed one, instead of obtaining the Green Card, I-485 processing-status could be changed to a new one such as �Adjudicated � Pending Visa Allocation� (meaning: Adjudication completed, Visa allocation pending). So, in essence, when the VISA numbers are available, then only the person will get Green Card. But at the same time, the applicant and family can feel the relief � No need to worry about RFE, NOID, MTR etc, because the 485 is already approved and it is in a Pending Visa Allocation status. So, in the case of all these retrogressed countries, the actual allocation of Green Card may take 2-12 years time depending on the availability. This option will go well with the protectionists.
If the status of the 485 application is �Adjudicated � Pending Visa Allocation� and the applicant�s country is a retrogressed one, S/he should be eligible to obtain 3, 4 or 5 year EADs with travel benefits associated. Also, the applicant should be able to take any job after 1 year of the status change date of the status �Adjudicated � Pending Visa Allocation�.
I believe the above proposal is a small step in the eyes of the protectionists where as it is a big leap for all retrogressed country applicants. We may be able to achieve this using administrative fix or an action from the Executing branch, as this won�t change the annual GC quota of 140000. Apart from this, this will encourage all those skilled immigrants to invest in American economy within 1-2 years of filing AOS application. At present most of us are sending our money to our home countries as our situation is so uncertain. This effort will definitely help the ailing economy and will serve as a boost to the housing market.
Whom should we approach to get this done?
Ans: Hillary � Yes Hillary Clinton. She is the number 1 friend of people from China and India, who is in the current administration. Her department is also in charge of the 140K Visa numbers, Travel related visas etc. If we can get support from Compete America, prominent members of Indian and Chinese communities in US, Ambassadors of China and India to US and approach Hillary, we will be successful. Hillary may be very much pleased to start an initiative to achieve this, as she has a chance to influence 700K+ Indians and Chinese immigrants in US, in a very positive way. At the same time, politically this won�t create much problem � Status quo will remain the same � even after such an administrative fix. There is no net addition of immigrants to this country.
With Hillary�s support, if we approach Janet Napolitano, we may have a solution.
Remember: �A journey of a thousand miles begins with a small step.�
So, once we obtain this admin fix (first step), then we will work to obtain the Allocation of GC issue for all those folks who are waiting to get the GC allocated.
Every progress starts from a dream. So, if someone would like to call this a dream, please feel free to!
Smart thinking.... excellent idea!!!!!!!!
chanduv23
08-21 04:21 PM
Originally Posted by cableching
I had a Fingerprint appointment for my EAD today at ASC, after the fingerptints, I went to the IO to ask about my Namecheck status, she's very nice lady, though I didn't have an Infopass appointment for any enquiry, she did offer to help. She showed me DOS Memo she just received about no more visas for India/China EB2 for this fiscal year. She did infoact show us the memo.
She did check mine and my wife's Name Check. Luckily our name check is cleared and she told we have to just wait for the visa numbers.
Infopass and FP are done at 2 different places. if the document is an internal memo - then the IO will NOT show it to us.
Lets not go by this unless it is from a credible source
I had a Fingerprint appointment for my EAD today at ASC, after the fingerptints, I went to the IO to ask about my Namecheck status, she's very nice lady, though I didn't have an Infopass appointment for any enquiry, she did offer to help. She showed me DOS Memo she just received about no more visas for India/China EB2 for this fiscal year. She did infoact show us the memo.
She did check mine and my wife's Name Check. Luckily our name check is cleared and she told we have to just wait for the visa numbers.
Infopass and FP are done at 2 different places. if the document is an internal memo - then the IO will NOT show it to us.
Lets not go by this unless it is from a credible source