jchan
02-25 12:37 PM
I think desi3933 is right -- that one cannot file AOS without PD being current. However, this does not mean we should give up pursuing our goal. The secretary of DHS specially made it clear that she is willing to push for changes both regulatory AND legislative. But before putting in any effort, she will need to know what changes to push for. She even specifically mentioned the issue with pre-application of AOS, which seems to me a real good chance to get the message delivered.
Just for starters, here are the benefits I can think of about pre-filing of AOS:
- By having all applications on file, let USCIS better predict case load and allow DOS Visa Office to make informed decision on Cutoff Date movements
- Create more revenue for USICS (DHS) via AP and EAD applications
- Reduce the work load of Overseas Consulates when applicants with AP does not have to apply re-entry H1B visa.
- Many H1B visa holders have to go through the administrative procedure when applying re-entry visa. This process is more or less a duplicate with the background check required for green card application. When the applicant is allowed to travel with AP, the effort of background check is consolidated and allow resources to be better utilized.
- EAD allows applicants more freedom to change job, this will results in better resource distribution to accommodate the rapid changes of the economy, and it makes the market the most important factor to determine wages.
Please add whatever you feel missing to the points and maybe we'll come up with a formal letter to communicate to the secretary.
Last, to address the concern that USCIS may be flooded by AOS applications from freshly off-the-boat H1B's, restrictions need to be put on the qualification of AOS. What I could think of is:
- Must have approved I-140 (immigration visa. I think this restriction makes the most sense)
- Must have priority date older than a certain number of years
- Must have been in the US legally for five years
- etc.
Read again
(3) an immigrant visa is immediately available to him at the time his application is filed.
Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).
If you still have doubt, talk to your attorney and post here what he/she told you.
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
Just for starters, here are the benefits I can think of about pre-filing of AOS:
- By having all applications on file, let USCIS better predict case load and allow DOS Visa Office to make informed decision on Cutoff Date movements
- Create more revenue for USICS (DHS) via AP and EAD applications
- Reduce the work load of Overseas Consulates when applicants with AP does not have to apply re-entry H1B visa.
- Many H1B visa holders have to go through the administrative procedure when applying re-entry visa. This process is more or less a duplicate with the background check required for green card application. When the applicant is allowed to travel with AP, the effort of background check is consolidated and allow resources to be better utilized.
- EAD allows applicants more freedom to change job, this will results in better resource distribution to accommodate the rapid changes of the economy, and it makes the market the most important factor to determine wages.
Please add whatever you feel missing to the points and maybe we'll come up with a formal letter to communicate to the secretary.
Last, to address the concern that USCIS may be flooded by AOS applications from freshly off-the-boat H1B's, restrictions need to be put on the qualification of AOS. What I could think of is:
- Must have approved I-140 (immigration visa. I think this restriction makes the most sense)
- Must have priority date older than a certain number of years
- Must have been in the US legally for five years
- etc.
Read again
(3) an immigrant visa is immediately available to him at the time his application is filed.
Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).
If you still have doubt, talk to your attorney and post here what he/she told you.
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
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eager_immi
02-13 08:24 AM
It amazes me how people like you exist in your lala land...why don't you also change the congress and the the house rep that way you will get exactly what you want. Sadly you cannot even vote right!!! You can be critical of IV if you have a basis for your argument most of us like to sit on our lazy boy and do nothing. So instead of saying we need a change why don't you do something about it empty words mean nothing in this forum.
I think a change of leadership of IV is critical if we have to get anywhere. IV has not been able to achieve a single thing in all of its existence. Not a single thing, nada, zitto, zapata. Not disclosing the issues they are working on, not disclosing how the funds are distributed, not disclosing the lobbyist they are using. Who in the world calls that leadership!
That is the reason that no one wants to contribute. First get some results, show people results for what they have paid for. Then ask for more money. Most people I talk to are confident that IV will achieve nothing given their track record. I tried to convince a colleague to join IV. He bet with me that they will not be able to achieve even this filing I-485 issue. He bet that he will join and pay if they did.
I know IV works like dIVorced wIVes club and saying anything negative is taboo. Anyone saying anything negative is crushed with (p)curses. Only good mushy things are allowed here. So here it is: We will get our GCs by the end of the month. Hallelujah!
But I am writing this for the benefit of IV and please take this as constructively as you can. As a member, I have full right to suggest a change of leadership when I think it can help.
I think a change of leadership of IV is critical if we have to get anywhere. IV has not been able to achieve a single thing in all of its existence. Not a single thing, nada, zitto, zapata. Not disclosing the issues they are working on, not disclosing how the funds are distributed, not disclosing the lobbyist they are using. Who in the world calls that leadership!
That is the reason that no one wants to contribute. First get some results, show people results for what they have paid for. Then ask for more money. Most people I talk to are confident that IV will achieve nothing given their track record. I tried to convince a colleague to join IV. He bet with me that they will not be able to achieve even this filing I-485 issue. He bet that he will join and pay if they did.
I know IV works like dIVorced wIVes club and saying anything negative is taboo. Anyone saying anything negative is crushed with (p)curses. Only good mushy things are allowed here. So here it is: We will get our GCs by the end of the month. Hallelujah!
But I am writing this for the benefit of IV and please take this as constructively as you can. As a member, I have full right to suggest a change of leadership when I think it can help.
Ahimsa
11-08 08:51 AM
...The perceived opposition to CIR was blown out of proportion by the conservatives and their media cronies like Lou Dobbs. That it did not work clearly shows that the american public too mature and sensible to be carried away by such rhetoric.
I am not sure but one thing we can see a lot of anti immigration conservatives are not doing too good at house.. so what does this mean.. immigration is an issue by the conservative talk shows...Lou Dobbs.. and people like them and not the gen US public ???
When President Bush delivered his CIR speech, Lou Dobbs criticized CIR as amnesty and he went on suggesting "No bill is better than a bad bill" to Congressman Sensenbrenner et. al.
Sensenbrenner took this advice verbatim and finally rejected CIR instead of conferencing on modifying it.
I think Congress got the blame later and was termed "Do-Nothing Congress" mainly for this.
It is a bitter lesson for politicians not listening to Senate or President but to Lou.
IMHO, if Congressman Sensenbrenner took CIR to conference (instead of a month-long public hearings) to remove controversial provisions and pass legitimate provisions like the border fence measures, public would have retained the current congress.
I am not sure but one thing we can see a lot of anti immigration conservatives are not doing too good at house.. so what does this mean.. immigration is an issue by the conservative talk shows...Lou Dobbs.. and people like them and not the gen US public ???
When President Bush delivered his CIR speech, Lou Dobbs criticized CIR as amnesty and he went on suggesting "No bill is better than a bad bill" to Congressman Sensenbrenner et. al.
Sensenbrenner took this advice verbatim and finally rejected CIR instead of conferencing on modifying it.
I think Congress got the blame later and was termed "Do-Nothing Congress" mainly for this.
It is a bitter lesson for politicians not listening to Senate or President but to Lou.
IMHO, if Congressman Sensenbrenner took CIR to conference (instead of a month-long public hearings) to remove controversial provisions and pass legitimate provisions like the border fence measures, public would have retained the current congress.
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yabadaba
03-22 10:55 AM
I am new to the site and have been reading these posts and I have very little knowledge regarding the greencard processing. But as far as I know, law is not clear in this matter and this results in different interpretations by different people. There is also little scope for any law suit as the State Dept is the ultimate decision maker in these issues. see section 202 of INA Act
"(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"
Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process
united nations...u have been saying what u just said for many years now. i remember ur epic fight with saras on that issue that caused u to leave immigration portal.
i think this modification of the interpretation of the law is mainly to prevent the massive loss of numbers. I think the DOS now realizes that USCIS cannot effectively handle processing of the massive release of visa numbers in the last quarter, thereby they are doing it in an incremental manner so that the demand is handled effectively (USCIS standards effectively).
"(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"
Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process
united nations...u have been saying what u just said for many years now. i remember ur epic fight with saras on that issue that caused u to leave immigration portal.
i think this modification of the interpretation of the law is mainly to prevent the massive loss of numbers. I think the DOS now realizes that USCIS cannot effectively handle processing of the massive release of visa numbers in the last quarter, thereby they are doing it in an incremental manner so that the demand is handled effectively (USCIS standards effectively).
more...
H4_losing_hope
02-27 06:26 PM
I sent my letter to the President, IV and my representative Lamar Smith. Thanks IV for initiating this drive!
Cheers for your efforts :)
Cheers for your efforts :)
invincibleasian
02-10 07:31 PM
They have to abolish the H1B programme completely since they can no longer prevent its abuse. They need to have a new process in place in which scrutiny occurs for each application of a foreign worker!
more...
kumar1305
01-12 09:55 AM
If we fight we lose once, if we do not we lose every time we don't. IV has nothing to lose if it can at least talk to a very good attorney. I'm not a lawyer but there could many ambiguous statements in it, and good attorney could make use of them to fight.
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santb1975
04-30 12:29 AM
it cannot be
more...
nat23
06-26 12:05 PM
Yes - 64
No 35
No 35
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manderson
06-14 09:44 AM
My birth certificate is in Hindi and i am not able to get in english. How i can translate my hindi birth certificate in english. Can a layer do that any other place in india. what is procedure of translation. any format or some thing?
OR
Can i show Affidavits of birth from my brothers but my only one brother is more then 5 years older. how can i solve this issue. and what is format of �Non-Availability Certificate� affidavits.
thanks.
... i did this for some uni diplomas - cost me around $200. just do a google/ yellow book search
OR
Can i show Affidavits of birth from my brothers but my only one brother is more then 5 years older. how can i solve this issue. and what is format of �Non-Availability Certificate� affidavits.
thanks.
... i did this for some uni diplomas - cost me around $200. just do a google/ yellow book search
more...
485_se_dukhi
09-21 08:34 AM
How about meeting all our local congressmen and lawmakers in the next few weeks??
Since one of our key issues is educating people about our plight, it would be good to meet some of our local senators/representatives and explain our side to them.
Many of them are equally clueless about the difference between green card backlogs and H1 B visa limits (my local rep for example), legal and illegal immigration etc.
So instead of holding a rally so close to this one, why not have a few more lobby days or meetings with our reps??
Incidentally I like the idea of sending doughnuts/pizzas to the media people specially CNN...:) for obscuring our rally and misrepresenting it as "Amnesty demands"...:rolleyes:
Since one of our key issues is educating people about our plight, it would be good to meet some of our local senators/representatives and explain our side to them.
Many of them are equally clueless about the difference between green card backlogs and H1 B visa limits (my local rep for example), legal and illegal immigration etc.
So instead of holding a rally so close to this one, why not have a few more lobby days or meetings with our reps??
Incidentally I like the idea of sending doughnuts/pizzas to the media people specially CNN...:) for obscuring our rally and misrepresenting it as "Amnesty demands"...:rolleyes:
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rdehar
07-20 04:26 PM
Your concern is 100% justified, but BEC has vowed to clear all backlog by Sep '07.
When the dates move forward in Oct '07, you will have advantage with your PD.
Please read some thoughts at:
http://immigrationvoice.org/forum/showthread.php?t=10774
My best advice would be "be prepared" and good luck :)
When the dates move forward in Oct '07, you will have advantage with your PD.
Please read some thoughts at:
http://immigrationvoice.org/forum/showthread.php?t=10774
My best advice would be "be prepared" and good luck :)
more...
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abqguy
06-23 06:00 PM
Took me a minute. The lady also recommended that I call my local rep. I told her that I already did.:)
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Macaca
09-10 12:00 PM
He has
sat on the fence
so long that
the iron has entered
his soul
David Lloyd George
sat on the fence
so long that
the iron has entered
his soul
David Lloyd George
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minimalist
04-10 02:22 PM
Asking the question is never the problem, it may make people uncomfortable but I want people (like yourself) who are contributing to at least ask IV before ranting on people like me (who dont contribute) to support the cause...Supporting the cause is NOT equal to giving IV money. The republicans already tried something similar ..."If you are anti-war, you dont support the troops"..That was fallacious and so are all the personal attacks on the "freeloaders" (like myself ofcourse).
this reminds me of a true story of a 5 year old kid who asked his grandma, why are you pouring somuch money building a wall around the empty site when you could have built a nice house. For him to understand and appreciate the necessity to spend money on the wall, he needs to understand numerous things. What can you tell such a kid. You'd smile and leave it at that. Sure he has a valid point about putting the money to a better use.
The point you are making is also same. There is definitely truth in that but there is more around that. When you look at the big picture , you'd get it. Otherwise, when some one tries to explain it , it will sound like a rant.
this reminds me of a true story of a 5 year old kid who asked his grandma, why are you pouring somuch money building a wall around the empty site when you could have built a nice house. For him to understand and appreciate the necessity to spend money on the wall, he needs to understand numerous things. What can you tell such a kid. You'd smile and leave it at that. Sure he has a valid point about putting the money to a better use.
The point you are making is also same. There is definitely truth in that but there is more around that. When you look at the big picture , you'd get it. Otherwise, when some one tries to explain it , it will sound like a rant.
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Macaca
09-13 05:27 PM
Human beings can
alter their lives by
altering their
attitudes of mind
William James
alter their lives by
altering their
attitudes of mind
William James
more...
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coolfun
07-03 02:58 PM
According to him, we do. I'm slightly worried but not excessively so. I think we're gonna be ok. I'll call again in about an hour, so check back on here soon for my update.
Thanks BornConfused. Does this mean that we might get our GC approved between now and September 30, 2007 because the visa numbers have been allotted to us?
I will wait for your update. Thanks again.
Thanks BornConfused. Does this mean that we might get our GC approved between now and September 30, 2007 because the visa numbers have been allotted to us?
I will wait for your update. Thanks again.
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eb3_nepa
06-25 05:22 PM
Actually you are partly right. Only those who had paid the revised higher fee last year are eligible to get renewals for free. All those who had paid the regular fee (July filers) pay for renewal everytime
Yes and ALL July 2nd Filers HAVE to pay the EAD and AP fees over and over again. Coz everyone that benefitted from the July 2nd drama was not granted the multiple ead renewal free deal. I am VERY sure about that.
Yes and ALL July 2nd Filers HAVE to pay the EAD and AP fees over and over again. Coz everyone that benefitted from the July 2nd drama was not granted the multiple ead renewal free deal. I am VERY sure about that.
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pani_6
07-21 09:23 PM
Send a letter out to Gonzalez, Elaiane Choa and head of BEC's about your situation.....this is great injusticeI understand...
jchan
02-13 04:16 PM
I read through your reply, however, I found it extremely hard for me to accept your points. You've been probably on EAD too long to remember what a dire condition you came from as an H1B worker. Let's look at it:
As an AOS, you can:
- Work for any employer
- Not work at all
- Travel out of the country without worrying visa delay
- When you got laid off, no need to worry about being out of status or restarting GC
As an H1B worker:
- If you are laid off, everything, years of wait, thousands of dollars, down the drain, and the whole family becomes out of status immediately. And in this dire economy, this is a sword hanging on the head of every H1B worker.
- Worry about re-entry visa each time you travel
With such a huge different, I can hardly convience myself that EAD is 'useless' or 'waste'. True, you'll need to work for same or similar job, but compared to the benefit, it is not nearly as big a problem faced by H1B workers day by day.
Dear Administrator2\IV core,
Just getting the provision to file AOS when priority date is not current without the other provisions that are related to pre filing AOS like "removal of semilar\same job restriction when using EAD\AC21" is not good. Dont get me wrong I understand how much the guys who missed out on the july fiasco want to prefile AOS and get EAD but without the provision to remove the restriction of same\semilar job requirement in AC 21 it (EAD) is useless. By now everyone knows that USCIS is heavily issuing RFE or denial notices for h1b transfer and extension. It is just a matter of time before USCIS starts issuing RFE or denial notice on EAD\485 as well. The prime candidate for USCIS to kick out people using EAD\485 is the same or semilar job restriction while using EAD\AC21. If everyone gets to pre file AOS without PD restrictions then USCIS will make using EAD as difficult as using H1b. Please fight for the removal of "same\semilar job requirement in AC 21" along with prefiling AOS so that everybody gets true relief and it really becomes a win win situation, otherwise it is a waste and will speed up uscis making life miserable for EAD workers.
As an AOS, you can:
- Work for any employer
- Not work at all
- Travel out of the country without worrying visa delay
- When you got laid off, no need to worry about being out of status or restarting GC
As an H1B worker:
- If you are laid off, everything, years of wait, thousands of dollars, down the drain, and the whole family becomes out of status immediately. And in this dire economy, this is a sword hanging on the head of every H1B worker.
- Worry about re-entry visa each time you travel
With such a huge different, I can hardly convience myself that EAD is 'useless' or 'waste'. True, you'll need to work for same or similar job, but compared to the benefit, it is not nearly as big a problem faced by H1B workers day by day.
Dear Administrator2\IV core,
Just getting the provision to file AOS when priority date is not current without the other provisions that are related to pre filing AOS like "removal of semilar\same job restriction when using EAD\AC21" is not good. Dont get me wrong I understand how much the guys who missed out on the july fiasco want to prefile AOS and get EAD but without the provision to remove the restriction of same\semilar job requirement in AC 21 it (EAD) is useless. By now everyone knows that USCIS is heavily issuing RFE or denial notices for h1b transfer and extension. It is just a matter of time before USCIS starts issuing RFE or denial notice on EAD\485 as well. The prime candidate for USCIS to kick out people using EAD\485 is the same or semilar job restriction while using EAD\AC21. If everyone gets to pre file AOS without PD restrictions then USCIS will make using EAD as difficult as using H1b. Please fight for the removal of "same\semilar job requirement in AC 21" along with prefiling AOS so that everybody gets true relief and it really becomes a win win situation, otherwise it is a waste and will speed up uscis making life miserable for EAD workers.
senthil1
07-09 04:22 PM
If we analyse immigration policy and history of USA the restrictions of immigration is based on two main factors. One is there is always cap so that they want annual immigration numbers in control. Other is to try to make sure that US citizen job is not taken away by other country persons. Unless they want to be flexible in those the issues are going to stay in near future. Or they need to redjust the numbers such that take away some from family based that is going to be tough.
Other countries did not have this restriction as still demand is low for immigration to those countries.
Alongwith permission for H4 to work, there are several other problems that legal immigrants face in USA. However, lets face it ... its always a small set of people who are fighting for their green cards. After a prolonged wait, once they get the GC, they move on with their life, forgetting their own ordeal in the past, and ignoring the future problems of fresh GC aspirants in the queue.
Even the fresh GC aspirants who come to USA on H1/L1 visa, do not understand the importance of staying on top of their GC application and start organizing themselves. Mostly they realize the gravity of situation couple of year after their arrival, and start venting their anger and frustation on immigration forum like this.
A majority of immigrants think that the immigration doors should shut down immediately after they get their GC's. This transformation takes place overnight. I have never heard that from such a large population of immigrants who are settled in USA, anyone ever raised their voice supporting the legal immigration.
Lets face it ... its an unjust world ... we have lots of problems as far as legal immigration is concerned. But how many of us who are boiling with frustation here, will ever work and spend our time and energy on immigration related issues once we get the green card/citizenship?
BTW, I am just throwing some light on the basic root cause of this problem... no war of words please ... just peace.
Other countries did not have this restriction as still demand is low for immigration to those countries.
Alongwith permission for H4 to work, there are several other problems that legal immigrants face in USA. However, lets face it ... its always a small set of people who are fighting for their green cards. After a prolonged wait, once they get the GC, they move on with their life, forgetting their own ordeal in the past, and ignoring the future problems of fresh GC aspirants in the queue.
Even the fresh GC aspirants who come to USA on H1/L1 visa, do not understand the importance of staying on top of their GC application and start organizing themselves. Mostly they realize the gravity of situation couple of year after their arrival, and start venting their anger and frustation on immigration forum like this.
A majority of immigrants think that the immigration doors should shut down immediately after they get their GC's. This transformation takes place overnight. I have never heard that from such a large population of immigrants who are settled in USA, anyone ever raised their voice supporting the legal immigration.
Lets face it ... its an unjust world ... we have lots of problems as far as legal immigration is concerned. But how many of us who are boiling with frustation here, will ever work and spend our time and energy on immigration related issues once we get the green card/citizenship?
BTW, I am just throwing some light on the basic root cause of this problem... no war of words please ... just peace.
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