mchundi
07-24 10:32 AM
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
It might be tough to push them to take a decesion like this.
On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
--MC
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
It might be tough to push them to take a decesion like this.
On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
--MC
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gconmymind
04-23 07:19 PM
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Congrats! Please continue to provide valuable info on the forum. You have been great. Thanks!
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Congrats! Please continue to provide valuable info on the forum. You have been great. Thanks!
arnab221
09-26 09:39 AM
This is bad what has happened. They need to be educated about the protest.
Is there any email address to the CNN editor? I can writeup a message about this.
You can send the message to editor from the message itself . We should all do that and educate them about what we really need .
Is there any email address to the CNN editor? I can writeup a message about this.
You can send the message to editor from the message itself . We should all do that and educate them about what we really need .
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abhijitrajan
11-13 12:41 AM
Does it make sense to file and FOIA request asking how USCIS is implementing quarterly spillover. As I understand it USCIS is not obligated to respond to a letter but they have to respond to FOIA. Any comments from people who know how FOIA works and whether it's applicable?
more...
hoolahoous
03-16 01:16 AM
so if you have a 4-year degree you consider yourself "highly-skilled"??
hahahahahaha.............ahahahahahaha............ ..wait for me while i roll on the floor laughing.
console yourself by crying yourself hoarse that you are "highly-skilled"......... a programmer/analyst/blah blah is no better than a call center employee in india.........just that you guys happen to be present here.....
go get some real skills, do a REAL job, then we will talk.
and oh by the way, there is only ONE school that i know of in India, that gives out a Bachelor's degree worth anything. I am sure you know what it is. I am also sure you did not manage to get through to study in that school.
Good luck being highly-skilled. I would be amused if you are stuck in EB3 still, though......
i am really not sure how to reply to your post.. somehow you think you are a superior being and you are the only one 'eligible' for Green Card..
just fyi I am EB2 , and probably make much more than you can even imagine, if it somehow amuses to you (though I fail to see why)
you seem to be intentionally trying to cause stir.. i don't want to get into mud throwing contest by stooping to your level. your comments and depth (or lack thereof) of thoughts show the kind of person you are. I will let words speak.
hahahahahaha.............ahahahahahaha............ ..wait for me while i roll on the floor laughing.
console yourself by crying yourself hoarse that you are "highly-skilled"......... a programmer/analyst/blah blah is no better than a call center employee in india.........just that you guys happen to be present here.....
go get some real skills, do a REAL job, then we will talk.
and oh by the way, there is only ONE school that i know of in India, that gives out a Bachelor's degree worth anything. I am sure you know what it is. I am also sure you did not manage to get through to study in that school.
Good luck being highly-skilled. I would be amused if you are stuck in EB3 still, though......
i am really not sure how to reply to your post.. somehow you think you are a superior being and you are the only one 'eligible' for Green Card..
just fyi I am EB2 , and probably make much more than you can even imagine, if it somehow amuses to you (though I fail to see why)
you seem to be intentionally trying to cause stir.. i don't want to get into mud throwing contest by stooping to your level. your comments and depth (or lack thereof) of thoughts show the kind of person you are. I will let words speak.
rajuseattle
07-15 11:10 AM
Ajthakur,
Please be truthful to the IV members.
You should have stayed back with this blood sucker or whatever name you want to say at least until 6 months after filing I-485. Whole IT world knows that AC-21 is safe after 180 days, even if the greedy employer revoke I-140, you were eligible for AC-21 portability.
Anyways now that you know the I-140 was revoked, find out when did he do that and if he has done that 180 days after your filing your I-485, you can still win your case by hiring a good attorney who can demonstarte to USCIS that your employment circumstances forced you to resign from the blood sucker and your adjustment application should be looked at as AC-21 portability.
You still consider you r the smart guy and can handle this RFE very well, then I can only wish you a good luck.
If I were you, I would have suffer for 6 months and then carry over the EB-2 PD with a good employer using either EAD or H1B, their is something fishy i can smell here...and folks here are not getting the true information.
Please be truthful to the IV members.
You should have stayed back with this blood sucker or whatever name you want to say at least until 6 months after filing I-485. Whole IT world knows that AC-21 is safe after 180 days, even if the greedy employer revoke I-140, you were eligible for AC-21 portability.
Anyways now that you know the I-140 was revoked, find out when did he do that and if he has done that 180 days after your filing your I-485, you can still win your case by hiring a good attorney who can demonstarte to USCIS that your employment circumstances forced you to resign from the blood sucker and your adjustment application should be looked at as AC-21 portability.
You still consider you r the smart guy and can handle this RFE very well, then I can only wish you a good luck.
If I were you, I would have suffer for 6 months and then carry over the EB-2 PD with a good employer using either EAD or H1B, their is something fishy i can smell here...and folks here are not getting the true information.
more...
eb3retro
08-16 03:39 PM
Because you guys are not as clever as EB2s.
easy there pray...people can get offended by your statement. Not a good statement for your first post.
easy there pray...people can get offended by your statement. Not a good statement for your first post.
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shantanup
11-18 10:11 AM
Receipt number: 2008065217
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gc_on_demand
03-11 09:25 AM
If we put the word H1B in the Visa Re-capturing bill, the bill would be doomed. As few have rightly pointed out, it would be taken out of context probably advertised and interpreted as increasing H1B visas.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
Some anti immigrants are ready to kill our bill. If we introduce at time nothing is going to happen . Even it may kill CIR and that is what Anti wants.. This guy is encouraging people to push for recapture which will die soon. Why he didnot update profile. Even if he is good member he should pledge 25 $.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
Some anti immigrants are ready to kill our bill. If we introduce at time nothing is going to happen . Even it may kill CIR and that is what Anti wants.. This guy is encouraging people to push for recapture which will die soon. Why he didnot update profile. Even if he is good member he should pledge 25 $.
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justAnotherFile
07-25 12:24 PM
"Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself".
Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
Probably this option is not attractive to you that you are so pissed with it.
Btw I'm contacting some attorneys on my personal expense to interpret this.
If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.
But the fact is at this point I still believe there may just be a 1% chance.
Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
Probably this option is not attractive to you that you are so pissed with it.
Btw I'm contacting some attorneys on my personal expense to interpret this.
If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.
But the fact is at this point I still believe there may just be a 1% chance.
more...
kedrex
07-18 08:02 PM
bump it up - this is way too important!
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varshadas
02-04 08:04 PM
Well Bridgewater temple did not allow us to distribute flyers. Its against their policy. All we could do is stick the flyer on the community bulletin board and give it to the manager and the Vice Chariman of the temple. I got the telephone numbers of the Chairman of PR of the temple. I am going to call her tomorrow. Sanjay and Ajay are going to distribute the flyers at Metropark sometime this week. Sanjay is going to follow up futher with EBC. Ajay is going to follow up with the newspapers. Rajeev, did you try to get in touch with your local congressman? If not, please do so asap and keep pursuing until you get a decision from them. This actually goes for everyone of us. Please follow up with the congressmen until you get a decision from them.
Thanks,
Varsha
Thanks,
Varsha
more...
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perm2gc
01-17 01:34 PM
http://groups.yahoo.com/group/immigrationforum/
http://groups.yahoo.com/group/immigration-usa/
http://groups.yahoo.com/group/immigration-usa/
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GCneeded
10-25 01:52 PM
PD is Dec 2002 / EB3 India / I 140 Approved / 485 Pending
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zuhail
03-10 11:25 PM
Hello,
I really think that if we just pursue aggressively on one and only item: Recapturing visa numbers, we would succeed.
The moment you add anything to the bill that is to related to H1B revaildation inside US, eliminating per country quota limits or filing I485 when the dates are not current etc, the bill would be definitely doomed. Strictly no mention of anything else in the bill.
Also most importantly the visa recapture efforts have to be concentrated for the Employment Based Categories ONLY. If we include the Family Based Category, we would lose the debate due to current high unemployment rate.
I think that this is the only way to solve the retrogression issue -- to focus on only re-capturing visa numbers for use in Employment-Based Categories for educated foreign born professionals already employed in US.
I sincerely hope that IV administrative team considers this item seriously and assign the highest priority and start fund raising immediately.
By the way as for Mr.coopheal, I am not sure how updating my personal profile with all the filing dates accurately would matter at all for our discussion. Who gives a rat's ass about my filing dates anyway?.
I really think that if we just pursue aggressively on one and only item: Recapturing visa numbers, we would succeed.
The moment you add anything to the bill that is to related to H1B revaildation inside US, eliminating per country quota limits or filing I485 when the dates are not current etc, the bill would be definitely doomed. Strictly no mention of anything else in the bill.
Also most importantly the visa recapture efforts have to be concentrated for the Employment Based Categories ONLY. If we include the Family Based Category, we would lose the debate due to current high unemployment rate.
I think that this is the only way to solve the retrogression issue -- to focus on only re-capturing visa numbers for use in Employment-Based Categories for educated foreign born professionals already employed in US.
I sincerely hope that IV administrative team considers this item seriously and assign the highest priority and start fund raising immediately.
By the way as for Mr.coopheal, I am not sure how updating my personal profile with all the filing dates accurately would matter at all for our discussion. Who gives a rat's ass about my filing dates anyway?.
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vandanaverdia
09-12 08:35 PM
Guys,
Good to know the weather will be good, but even it is not, the spirit shouldnt die. I wish all realize this. I hope the weather is horrible and we all still make it to make the voice heard louder.,
Sri..
Hey sri: Are you hoping for horrible weather because you are not attending the rally??? Your public profile says you are not attending the rally????
Come rain or shine... You should be with all of us in DC!!!
GO IV!!!
Good to know the weather will be good, but even it is not, the spirit shouldnt die. I wish all realize this. I hope the weather is horrible and we all still make it to make the voice heard louder.,
Sri..
Hey sri: Are you hoping for horrible weather because you are not attending the rally??? Your public profile says you are not attending the rally????
Come rain or shine... You should be with all of us in DC!!!
GO IV!!!
more...
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neoneo
09-26 08:40 PM
Here's a classic example ..
If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.
I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.
Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.
If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.
I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.
Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.
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yabadaba
08-15 04:14 PM
i am squishing up a baby bumble bee ..wont my mommy be so proud of me...i m squishing up a baby bumble bee...ewww its yucky
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vamsi_poondla
09-26 12:36 PM
Excellent coordination...
amitjoey
07-05 04:35 PM
Same here. Here's my small contribution in your big effort.
Best regards,
Google Order #853854384931851
Thanks a lot.
Best regards,
Google Order #853854384931851
Thanks a lot.
uma001
07-29 01:50 PM
I think you are talking out of frustration. Take your emotion out and think rationally. Why it takes 3-4 years for you to understand they are not going to start the GC process. Once its evident in 1-2 years they are giving all damn excesses...don�t you need to start looking for other opportunity. They might be ethically wrong but its not illegal. Again you are just venting your frustration.
Yup, I tried...it happened once, why cant it happened twice or thrice. No gaurantee.
Yup, I tried...it happened once, why cant it happened twice or thrice. No gaurantee.
