angelfire76
02-24 05:41 PM
I am finding it difficult understanding what author meant here...
Can some one please help me understanding the text below from (paragraph 8)
http://www.ilw.com/articles/2009,0225-endelman.shtm
USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin. Rather, both State and CIS could post estimated "qualifying dates" on their websites so that, precisely as now happens in a consular case, USCIS would now allow pre-filing of adjustment applications so that applicants could begin to assemble the necessary documentation and send in their I-485 packages so that USCIS could conduct necessary checks and get the case ready for formal submission when the priority date is reached. Only at that point would CIS formally request an immigrant visa number from the State Department. Not until then would the adjustment of status be considered "filed". The beauty of this is that Congress need not lift a finger; all that need be done is for USCIS to modify the definition of filing contained in 8 CFR Sections 103.2 (a)(7) and 245.2(a)(2). If Congress wanted to ratify what the USCIS had done, it could certainly do so after the fact. Everything that we now consider to be the adjustment of status process could take place before the I-485 is "filed". Nothing could be simpler. The reason to seek Congressional modification of INA 245(a) is not because it is only way forward but because, by enshrining such a procedural benefit in the INA itself, it will be a much more secure right, one not subject to administrative whim or unilateral repeal. This process would not only afford the Visa Office a more accurate picture of adjustment demand but it holds out the potential of drastically slashing processing times. Far from granting adjustment applicants any special or unfair advantage, the use of qualifying dates as a way to define immediate visa availability would serve to harmonize the green card process in and out of the United States. Clearly, close and constant coordination between the Visa Office and USCIS would be required and integration of this procedural innovation with the Child Status Protection Act is transparently necessary. Given the obvious and not insignificant benefits, any transitional angst is surely worth the effort.
Does it mean pre filing can be done through executive power?
Thank you.
The suggestion here is that it is pre-filing without pre-filing (if that makes any sense) i.e. it will enable USCIS to "look ahead" into a candidate's eligibility for 485 approval without providing any of the benefits (EAD,AP) that comes with filing a 485. It is supposed to help USCIS drastically cut 485 processing times with minimal upheaval, not give us any benefits.
Can some one please help me understanding the text below from (paragraph 8)
http://www.ilw.com/articles/2009,0225-endelman.shtm
USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin. Rather, both State and CIS could post estimated "qualifying dates" on their websites so that, precisely as now happens in a consular case, USCIS would now allow pre-filing of adjustment applications so that applicants could begin to assemble the necessary documentation and send in their I-485 packages so that USCIS could conduct necessary checks and get the case ready for formal submission when the priority date is reached. Only at that point would CIS formally request an immigrant visa number from the State Department. Not until then would the adjustment of status be considered "filed". The beauty of this is that Congress need not lift a finger; all that need be done is for USCIS to modify the definition of filing contained in 8 CFR Sections 103.2 (a)(7) and 245.2(a)(2). If Congress wanted to ratify what the USCIS had done, it could certainly do so after the fact. Everything that we now consider to be the adjustment of status process could take place before the I-485 is "filed". Nothing could be simpler. The reason to seek Congressional modification of INA 245(a) is not because it is only way forward but because, by enshrining such a procedural benefit in the INA itself, it will be a much more secure right, one not subject to administrative whim or unilateral repeal. This process would not only afford the Visa Office a more accurate picture of adjustment demand but it holds out the potential of drastically slashing processing times. Far from granting adjustment applicants any special or unfair advantage, the use of qualifying dates as a way to define immediate visa availability would serve to harmonize the green card process in and out of the United States. Clearly, close and constant coordination between the Visa Office and USCIS would be required and integration of this procedural innovation with the Child Status Protection Act is transparently necessary. Given the obvious and not insignificant benefits, any transitional angst is surely worth the effort.
Does it mean pre filing can be done through executive power?
Thank you.
The suggestion here is that it is pre-filing without pre-filing (if that makes any sense) i.e. it will enable USCIS to "look ahead" into a candidate's eligibility for 485 approval without providing any of the benefits (EAD,AP) that comes with filing a 485. It is supposed to help USCIS drastically cut 485 processing times with minimal upheaval, not give us any benefits.
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brb2
09-27 12:35 AM
I think it is important to maintain diversity in the overall immigration. However the immigration law has never resulted in achieving diversity. In the period 1900-1910, immigrants came from Italy (22%), Austria (20%) and Russia (18%). In the 1950-1960 period Germany provided 20% of immigrants. In the 1991-2000 period Mexico provided almost 22% of immigrants. In the FY 2005, Mexico provided around 161,000 immigrants (around 17%) of immigrants. It is easy to fix a quota for those immigration categories where visa numbers are limited such as for employment. However spouses and minor children of naturalized citizens have no waiting period. So it will be very hard to control the immigration percentages based on country of origin unless there is a quota for US citizen spouses, and children of US citizens wantin to immigrate!
The problem here is that we don't have a country quota for foreign students and H1Bs. Thus when these people try to become permanent residents then the quota's are applied and that is the core problem. My take is that country quota should not be applied for employment based immigration. Employers should not be forced in to an affirmative action plan but rather hire the right person for the job.
Source for my above data, if you like to do some weekend reading:
http://fpc.state.gov/documents/organization/92948.pdf
The problem here is that we don't have a country quota for foreign students and H1Bs. Thus when these people try to become permanent residents then the quota's are applied and that is the core problem. My take is that country quota should not be applied for employment based immigration. Employers should not be forced in to an affirmative action plan but rather hire the right person for the job.
Source for my above data, if you like to do some weekend reading:
http://fpc.state.gov/documents/organization/92948.pdf
PD073102VA
03-18 08:21 PM
After reading Section 406 (immigrant visas for advanced degree holders of STEM) of senator Frist's proposal, I have come to the following conclusion. Please feel free to disagree with me.
Visas for Advanced Degree Holders:
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
- MS and PhD holders in STEM can apply for I-140 & I-485 after three years of employment.
- They do not need to get labor certification and there is no country limit for this category.
- No need for employer sponsorship and no need to stick with the same employer after applying for I-140 & I-485.
- One can even apply for I-140 & I-485, get EAD and start working in a non-related field or open a non-tech related business.
This is my take on it. Opinions please!
Visas for Advanced Degree Holders:
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
- MS and PhD holders in STEM can apply for I-140 & I-485 after three years of employment.
- They do not need to get labor certification and there is no country limit for this category.
- No need for employer sponsorship and no need to stick with the same employer after applying for I-140 & I-485.
- One can even apply for I-140 & I-485, get EAD and start working in a non-related field or open a non-tech related business.
This is my take on it. Opinions please!
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chantu
07-15 09:58 AM
Do you mean to say i am EB-3 if Wage Level is II.? My 140 approval says different though.
Even I have the same concern?
Even I have the same concern?
more...
Dakota Newfie
03-21 08:50 AM
It does make sense that the overflow numbers are given to higher preference categories in single state oversubscribed countries. When you think about it, will that not be the most beneficial to United States? Who would you prefer .... and Unskilled professional from a ROW category or a skilled worker from an Oversubscribed country. I would gather it would make more sense to give the opportunity to the higher skilled since the benefit to US will be higher
The more I read this form, the more I become disgruntled with this community! To say that someone from a lower class of visa and not from an "Oversubscribed country" (and I am assuming you mean India) is less skilled and less deserving than someone from a higher class and oversubscribed country is ludicrous to say the least. Each and everyone of us (and I mean "legal immigrants") have our own skill sets and contribute equally to the American society. As long as we are competent at what we do, then we are all SKILLED in our own way. The only real defining difference among the visa classes is the level of education not skill. To suggest one is better based on education alone is arrogance and nothing else!
The U.S. immigration system is not without its flaws and despite the delays and frustrations, it is FAIR! The per country limit is to ensure that citizens of ALL nations have an equal opportunity to immigrate to the U.S. and not just a select few. The only thing that I have found unfair as far as immigration in this country is concerned is the politicians' focused efforts to do something for the "illegal" immigrants at the expense of the "legal" immigrants.
We are all in this together and the insults and innuendos that dominate this forum divide us so let's stop them and focus on the real issues!
The more I read this form, the more I become disgruntled with this community! To say that someone from a lower class of visa and not from an "Oversubscribed country" (and I am assuming you mean India) is less skilled and less deserving than someone from a higher class and oversubscribed country is ludicrous to say the least. Each and everyone of us (and I mean "legal immigrants") have our own skill sets and contribute equally to the American society. As long as we are competent at what we do, then we are all SKILLED in our own way. The only real defining difference among the visa classes is the level of education not skill. To suggest one is better based on education alone is arrogance and nothing else!
The U.S. immigration system is not without its flaws and despite the delays and frustrations, it is FAIR! The per country limit is to ensure that citizens of ALL nations have an equal opportunity to immigrate to the U.S. and not just a select few. The only thing that I have found unfair as far as immigration in this country is concerned is the politicians' focused efforts to do something for the "illegal" immigrants at the expense of the "legal" immigrants.
We are all in this together and the insults and innuendos that dominate this forum divide us so let's stop them and focus on the real issues!
purgan
02-13 08:45 AM
IV core needs to develop a thick skin, and not be affected by barking dogs like these.
I'm all for IV!! This is the only organization fighting on behalf of those stuck in GC retrogression. There are some anti-immigrants who come to this website, sign up under Indian identities, and try their darnest best to bog down the efforts....
I'm all for IV!! This is the only organization fighting on behalf of those stuck in GC retrogression. There are some anti-immigrants who come to this website, sign up under Indian identities, and try their darnest best to bog down the efforts....
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ArunAntonio
09-04 11:34 PM
Everybody! Have you been thinking? Making up your mind? Let us help you, the decision is YES! Now, just make your reservations and come to Washington! We will help you with anything you need! Just PM us!
Please think about the amount of effort that is going on to plan for this rally.
- The mental effort required to plan the logistics of such a huge event
- The physical energy required to make all this a possibility
- The amount of time the members working on this are sacrificing.. time that they could have spent with family or other gainful things
- The financial impact this is causing on the invloved members
and all not for themselves but for all of US.
What is your contribution to this effort. Please show up.
Think .. I am sure you can DO IT.
Please think about the amount of effort that is going on to plan for this rally.
- The mental effort required to plan the logistics of such a huge event
- The physical energy required to make all this a possibility
- The amount of time the members working on this are sacrificing.. time that they could have spent with family or other gainful things
- The financial impact this is causing on the invloved members
and all not for themselves but for all of US.
What is your contribution to this effort. Please show up.
Think .. I am sure you can DO IT.
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mannan74
09-25 06:01 PM
As someone said 1% of 1000 cases does not qualify as a bad law firm, nobody is perfect, My experiences with Fragomen has been great. They were very responsive, took initiative to give me best possible advice and worked with my management to file my AOS on time and under correct category.
If you have a problem with them then write to them and ask for explanation, I am sure they will respond.
Mannan
If you have a problem with them then write to them and ask for explanation, I am sure they will respond.
Mannan
more...
mmk123
05-17 09:27 PM
Sent message and 10 of my other friends who are not IV members and are stuck in the backlog.
Thanks for setting this up. When I used to see this tool on other sites like numbersusa, I was wondering how IV can use similar technology tools. Luckily, technology makes the same set of tools available to all the parties working on the issue and allows them to play on the same playing field.
Unfortunately I cannot attend DC effort due to earlier commitments but I will contact my key state senators (newly elected moderate republican key for this effort) in summer and is contributing monetarily to IV for DC effort and can help anyone for tickets/housing for DC effort.
Kudos to IV for setting this up. Great job!
Thanks!
Thanks for setting this up. When I used to see this tool on other sites like numbersusa, I was wondering how IV can use similar technology tools. Luckily, technology makes the same set of tools available to all the parties working on the issue and allows them to play on the same playing field.
Unfortunately I cannot attend DC effort due to earlier commitments but I will contact my key state senators (newly elected moderate republican key for this effort) in summer and is contributing monetarily to IV for DC effort and can help anyone for tickets/housing for DC effort.
Kudos to IV for setting this up. Great job!
Thanks!
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Openarms
03-05 11:02 AM
Not so fast buddy. We are not on forums 24/7
The thread was posted last night and how can you expect instant reply.:D
In future if someone wants to reach us if you have any question, it is better to directly contact us rather than posting on the forum as we do not read every post.
A couple of people who got the letters have already emailed us and let us all review the letter to see if we are getting what we need from this request. Let us all agree if we want to pursue this and contribute towards this. Once we have enough people, we can go forward.
This is one of the positive steps that we have taken here and glad that we got the response from CIS. So now IV needs to get expose this letter as public as possible to get the USCIS tactics out (senate, congress, president, dhs head and all in the world). And if need be that we all need to contribute to the money they are asking. This is the good one.
The thread was posted last night and how can you expect instant reply.:D
In future if someone wants to reach us if you have any question, it is better to directly contact us rather than posting on the forum as we do not read every post.
A couple of people who got the letters have already emailed us and let us all review the letter to see if we are getting what we need from this request. Let us all agree if we want to pursue this and contribute towards this. Once we have enough people, we can go forward.
This is one of the positive steps that we have taken here and glad that we got the response from CIS. So now IV needs to get expose this letter as public as possible to get the USCIS tactics out (senate, congress, president, dhs head and all in the world). And if need be that we all need to contribute to the money they are asking. This is the good one.
more...
mittal_a
06-27 09:24 AM
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santb1975
04-28 09:01 AM
We have long ways to go.
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bsbawa10
11-24 06:08 PM
I am wondering if it is a "revenge" that USCIS has taken because it could not have its way in June/July 2007 in blocking us from filing 485.
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bugmenot
05-31 03:34 PM
when is/if the cantwell amendment expected to be introduced n the senate?
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sweet23guyin
06-23 06:25 PM
Folks,
Don't worry about what to talk with some unknown government employee /staff!...she is dam cool to talk; guess what? even before I started my speach, she told what bills i am calling for, and what her BOSS has to do...do your self a favor and talk to this nice women :D
Don't worry about what to talk with some unknown government employee /staff!...she is dam cool to talk; guess what? even before I started my speach, she told what bills i am calling for, and what her BOSS has to do...do your self a favor and talk to this nice women :D
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niklshah
05-13 01:00 PM
My AP expires in October 18 th Before how many months it can be renewed??
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ivvm
03-22 10:09 PM
I would not agree with your interpretation. You are insinuating that a majority of the EB based green cards sponsored by employers are similar to family sponsored green card and also that people are favoured for their nationality.....how did you arrive at this conclusion?
Possibly your exposure may be limited to mom and pop shops and that may be the basis of your analysis....!!
Working in a "regular" company and having the authority to hire people in my department, "nationality" thoughts have never crossed my mind....!!!
I agree; the law definitively leaves no room for error. If all the visas are held back until fourth quarter then there is a significant chance that visas will go unused.
At a high level; country quotas in EB do not make a whole lot of sense. I have tried to figure out why they are there; how companies and candidates use EB greencards. Conclusion, I came up with is that in a lot of ways EB is a way to circumvent family base immigration. Many peoples parents have greencards, brothers, sisters, friends, etc; and they realize that it takes too long to get greencard through family base and the fastest way is to come through h-1b and go through EB route. Also; companies; company owners will favor their own people in filing h-1b's and greencards and then you have a situation where certain people are favored due to their nationality or connection. I firmly believe that uscis and the regulatory authorities understand this and hence the reason why there is country quotas.
Possibly your exposure may be limited to mom and pop shops and that may be the basis of your analysis....!!
Working in a "regular" company and having the authority to hire people in my department, "nationality" thoughts have never crossed my mind....!!!
I agree; the law definitively leaves no room for error. If all the visas are held back until fourth quarter then there is a significant chance that visas will go unused.
At a high level; country quotas in EB do not make a whole lot of sense. I have tried to figure out why they are there; how companies and candidates use EB greencards. Conclusion, I came up with is that in a lot of ways EB is a way to circumvent family base immigration. Many peoples parents have greencards, brothers, sisters, friends, etc; and they realize that it takes too long to get greencard through family base and the fastest way is to come through h-1b and go through EB route. Also; companies; company owners will favor their own people in filing h-1b's and greencards and then you have a situation where certain people are favored due to their nationality or connection. I firmly believe that uscis and the regulatory authorities understand this and hence the reason why there is country quotas.
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BECsufferer
03-20 07:39 PM
you never worked for X and has been working w/o break with #2 ... u said, I believe.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
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jungalee43
11-08 03:47 PM
Dems winning the house is definitely a good news. Senate was always favorable to us. It was "majority of the majority" in the house that was totally against any kind of relief barring something for nurses. Most of the IV members know the retrogression story SR1932 onwards. But six months before that senate had approved relief for all EB categories under Tsunami Relief Act And the republican lobby in the house restricted it to nurses only. That was HR1268 of April 2005. You can refer to Murthy chat session of May 9, 2005 to read some info on this.
The presidential elections were just over then and primaries were not on the horizon for this congressional election. In short house republicans would have blocked any immigration relief; elections or not.
With Sensenbrenner and Hastret gone, at least now we have new people to deal with and we know they are more towards the center. We can now hope that our prayers would be answered.
The presidential elections were just over then and primaries were not on the horizon for this congressional election. In short house republicans would have blocked any immigration relief; elections or not.
With Sensenbrenner and Hastret gone, at least now we have new people to deal with and we know they are more towards the center. We can now hope that our prayers would be answered.
needhelp!
06-23 03:06 PM
That is great and is exactly what the doctor prescribed. Lets try and get the Congressman to make a positive decision. Every call counts!
I just called and spoke to a staff member at Lamar Smith's office. Apparently a lot of calls are being made :D. She knew why I was calling before I could tell her. I was told that the Rep. has not made a public stand on these bills yet. I told her that I would like the Representative to support these bills if and when they come to the floor.
Keep calling, guys!.
I just called and spoke to a staff member at Lamar Smith's office. Apparently a lot of calls are being made :D. She knew why I was calling before I could tell her. I was told that the Rep. has not made a public stand on these bills yet. I told her that I would like the Representative to support these bills if and when they come to the floor.
Keep calling, guys!.
arunmohan
03-15 02:48 AM
Group:
We need to do something for sure. I know that most of EB3 folks are stuck for GC more than 7-8 years. I don't see any good progress for EB3 in the future.
I would request from everyone to wake up and take a proactive step. I am ready to give any kind of support.
We need to do something for sure. I know that most of EB3 folks are stuck for GC more than 7-8 years. I don't see any good progress for EB3 in the future.
I would request from everyone to wake up and take a proactive step. I am ready to give any kind of support.
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