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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franklin
09-18 08:07 AM
so i understand how the whole 7% thing works now in relation to the total visa's available....
but what i dont get it the fact that EB3 ROW was at Aug 02 in april this year,
then in May it moved to AUG 03, so people were clearly getting through the system....
then in June it moved to June 05 so again in that month people where getting processed, and moving through the system....
then the July fiaco, i guess because they were running tight for visa numbers...ok water under the bridge.....
But now the Oct bullitin which is the start of the new fiscal year puts us back to AUG 02 again........how does that work??? i dont get it. how can they suddenly be dealing with people from 02 when even in May it was up to AUG 03???
I would have thought that with the start of a new fisacl year there would be a full fresh batch of numbers, and people would get through a bit quicker for a least a couple of months...you would have thought that it would be current for the first month on the new allotment....wouldnt you???
i dont get it.???
There is much info ont this board that explains why this happened? It has been posted and debated in much much detail. It boilds down to, visa numbers are allocated to each quarter. The visa quota year ends in September, so the run up to this was the last quarter of the year. Under mounting pressure a combination of the Department of State and the USCIS didn't want to be accused of wasting visa numbers again, so they pushed dates REALLY far forward to make sure they wouldn't.
That drama is now over and we return to the normal state of affairs.
Just because you are a Brit born and bred, don't think you'll get your visa any faster. IF your occupation does qualify you for an EB3 (Bachelors degree or experience equivalency) and you aren't in the states now on any kind of temprorary visa. What I don't understand is, if you aren't in the US now - what employer would sponsor someone for a greencard that won't arrive for about 6 years?
but what i dont get it the fact that EB3 ROW was at Aug 02 in april this year,
then in May it moved to AUG 03, so people were clearly getting through the system....
then in June it moved to June 05 so again in that month people where getting processed, and moving through the system....
then the July fiaco, i guess because they were running tight for visa numbers...ok water under the bridge.....
But now the Oct bullitin which is the start of the new fiscal year puts us back to AUG 02 again........how does that work??? i dont get it. how can they suddenly be dealing with people from 02 when even in May it was up to AUG 03???
I would have thought that with the start of a new fisacl year there would be a full fresh batch of numbers, and people would get through a bit quicker for a least a couple of months...you would have thought that it would be current for the first month on the new allotment....wouldnt you???
i dont get it.???
There is much info ont this board that explains why this happened? It has been posted and debated in much much detail. It boilds down to, visa numbers are allocated to each quarter. The visa quota year ends in September, so the run up to this was the last quarter of the year. Under mounting pressure a combination of the Department of State and the USCIS didn't want to be accused of wasting visa numbers again, so they pushed dates REALLY far forward to make sure they wouldn't.
That drama is now over and we return to the normal state of affairs.
Just because you are a Brit born and bred, don't think you'll get your visa any faster. IF your occupation does qualify you for an EB3 (Bachelors degree or experience equivalency) and you aren't in the states now on any kind of temprorary visa. What I don't understand is, if you aren't in the US now - what employer would sponsor someone for a greencard that won't arrive for about 6 years?
logiclife
07-05 11:00 AM
Guys, temper your expectations. Cust Service Rep at USCIS are not trained to answer the questions that pertain to things like visa bulletin's effective date and whether or not they will accept the ones or reject the ones on July 2.
Cust Service Rep is for general information for those who cant or wont use the USCIS website and other sources of information on the internet. Or for those who dont speak English.
Cust Service is not intended to provide complex answers. Last I heard, even the Vermont service center folks didnt know about bulletin revision and they were turning down 3-year extension requests for H1 visas thinking that the bulletin is current until confronted by lawyers who said that bulletin is unavailable and now there is reason to give out 3 year extensions instead of 1 year extensions.
If Vermont service center was unaware of visa bulletin revision, then what do you expect from a Cust Service Rep who is trained to answer questions that cover information that can be fit in 20 pages ??????
Cust Service Rep is for general information for those who cant or wont use the USCIS website and other sources of information on the internet. Or for those who dont speak English.
Cust Service is not intended to provide complex answers. Last I heard, even the Vermont service center folks didnt know about bulletin revision and they were turning down 3-year extension requests for H1 visas thinking that the bulletin is current until confronted by lawyers who said that bulletin is unavailable and now there is reason to give out 3 year extensions instead of 1 year extensions.
If Vermont service center was unaware of visa bulletin revision, then what do you expect from a Cust Service Rep who is trained to answer questions that cover information that can be fit in 20 pages ??????
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snathan
08-20 08:09 PM
you can inform to branch manager or supervisor.
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siravi
10-04 09:20 PM
See if you can post a flyer in the Ann Arbor Indian foods store (Foods of India) near the medical capus. The one in Canton (forgot the name-- the one where they sell bhel) is also a hot spot for folks working around Ann-Arbor/Detroit areas. There is one more Indian store on Packard further up north (in Ann Arbor) Owner is a VERY FRIENDLY guy and very well connected (his connections helped in selling my car, find a subletter...!). He's alway open to flyers and such.
I have spread the word to some I know in MI, hopefully they'll respond. Good luck!
-An ex-Wolverine!
I have spread the word to some I know in MI, hopefully they'll respond. Good luck!
-An ex-Wolverine!
axp817
05-19 01:43 PM
Thank you. Right after I'm done typing this, I am clicking on the contribution button to contribute towards this initiative.
This will be in addition to the $200 I just pledged to help (airfare, hotel) members travelling to DC, and the recurring contribution that I'm signed up for since 2006.
I am not wealthy, I don't have a ton of disposable cash lying around. I just want my green card, and I want it now. Actually no, I wanted it yesterday.
If a few thousand dollars in advocacy contributions help me get my green card faster, and helps other qualified, deserving candidates in the years to come, I'll gladly invest in that karma.
Everyone, please do this, and help your own selves.
This will be in addition to the $200 I just pledged to help (airfare, hotel) members travelling to DC, and the recurring contribution that I'm signed up for since 2006.
I am not wealthy, I don't have a ton of disposable cash lying around. I just want my green card, and I want it now. Actually no, I wanted it yesterday.
If a few thousand dollars in advocacy contributions help me get my green card faster, and helps other qualified, deserving candidates in the years to come, I'll gladly invest in that karma.
Everyone, please do this, and help your own selves.
more...
arunmurthy
10-01 05:18 PM
Arunmurthy,
You also need to grow up. Making derogatory remark on UP/Bihar, you showed it.
These days, people blame UP/Bihar for anything... Hyprocate like you are not belong to any state or nation. At least psaxena showing how is proud of IV being donor. We as freeloader should appreciate and not to take it as donor vs freeloader. Its his choice to be donor and its your and mine not to be donor. If you are too proud of your english, then be proud of it. Atleast he can write hindi (national language). Do you?
Dude,
Either write in Hindi or English because your sentences dont make any sense at all atleast
grammatically.
It is hypocrite and not hypocrate.
I can speak Hindi, Urdu, Tamil and Telgu besides English.
Can you?
You also need to grow up. Making derogatory remark on UP/Bihar, you showed it.
These days, people blame UP/Bihar for anything... Hyprocate like you are not belong to any state or nation. At least psaxena showing how is proud of IV being donor. We as freeloader should appreciate and not to take it as donor vs freeloader. Its his choice to be donor and its your and mine not to be donor. If you are too proud of your english, then be proud of it. Atleast he can write hindi (national language). Do you?
Dude,
Either write in Hindi or English because your sentences dont make any sense at all atleast
grammatically.
It is hypocrite and not hypocrate.
I can speak Hindi, Urdu, Tamil and Telgu besides English.
Can you?
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needhelp!
02-13 11:24 AM
I know I know.. difficult to convince strangers. You are doing a great job that will benefit all of us!
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psaxena
06-01 04:52 PM
Seems to me , either you are paid by AF to defend them here or you are one of those who like pizza than roti. The moment these things happen to you , you will be shouting on top of your lungs but when it happens with your fellow countrymen you can't empathize.. are you so insensitive or just like to be French.
The 2 things I like about france is a french kiss and having a french kiss with a french chick
I find your quote to be insulting to a large group of persons, some of whom could be potential members of IV. If anyone had made such a comment about Telgu-speakers or Punjabi-speakers, there would be outrage.
Last I checked, this was not supposed to be desi-centric forum.
The 2 things I like about france is a french kiss and having a french kiss with a french chick
I find your quote to be insulting to a large group of persons, some of whom could be potential members of IV. If anyone had made such a comment about Telgu-speakers or Punjabi-speakers, there would be outrage.
Last I checked, this was not supposed to be desi-centric forum.
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gcharry
09-30 09:47 AM
Only Kanjusi people travel by AEROFLOT (Cheaper tickets).
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needhelp!
02-10 12:28 AM
abhijitp & h4_hoping :)
I am also hoping for some tomorrow at a class.
Will update the letter counts on Monday. Buzz has it that IV has received ~1700 letters in the P O Box.
I am also hoping for some tomorrow at a class.
Will update the letter counts on Monday. Buzz has it that IV has received ~1700 letters in the P O Box.
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santb1975
04-30 12:32 AM
Thanks to all the contributors and to the leaders of this drive
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senthil1
05-31 05:24 PM
It is better not to consider instead of coming and failing so that another chance to pass with modification
That's why there is a saying that you should never watch sausages and laws being made.
The Cantwell amendment and Lieberman amendment will fail to pass the vote. It doesnt matter whether its ordered to lie on table or whether its ordered to take a nap on the table or have some lemonade on the table. And it doesnt matter what any of those "Motion to... " means.
Both of those amendments, if debated, will fail. It will take 10 seconds for Bernie Sanders, Ted Kennedy and Dick Durbin to scream on top of their lungs and kill it. And the reason is very simple. There is a massive H1B exemption ON TOP OF 180,000 QUOTA. People who have been so successful this year so far in restricting H1 and employment based GCs are not going to miss that nice little H1 exemption at the bottom of both these amendments. So stop scratching your heads over what the "lying on table" means, because whatever is lying on table is unpassable if it somehow awakes from the table and starts dancing in the well of the senate floor.
That's why there is a saying that you should never watch sausages and laws being made.
The Cantwell amendment and Lieberman amendment will fail to pass the vote. It doesnt matter whether its ordered to lie on table or whether its ordered to take a nap on the table or have some lemonade on the table. And it doesnt matter what any of those "Motion to... " means.
Both of those amendments, if debated, will fail. It will take 10 seconds for Bernie Sanders, Ted Kennedy and Dick Durbin to scream on top of their lungs and kill it. And the reason is very simple. There is a massive H1B exemption ON TOP OF 180,000 QUOTA. People who have been so successful this year so far in restricting H1 and employment based GCs are not going to miss that nice little H1 exemption at the bottom of both these amendments. So stop scratching your heads over what the "lying on table" means, because whatever is lying on table is unpassable if it somehow awakes from the table and starts dancing in the well of the senate floor.
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Legal
07-18 03:08 PM
http://www.shusterman.com/pdf/ca708.pdf
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nonimmi
03-14 11:31 AM
Sure there may still be 2002 files waiting but it is definately not a GREAT number. Here are three logical bullets to conslude that.
- Many people with 2000/1/2 dates have already left USA - Tired: Could not
take the delay:Found good oppertunity back home or elsewhere
- Black labor market played a part to shift a considerable load either to EB2 or
PD date from 1999/2000 and thus many people preferred that path either
stuck in EB2 or have already got their GC
The only thing we can be unsure about stuck in NC with those early PDs.
Having said this, it is ofcourse impossible to predict perfect chain of future flow, I see hope for EB3-I in this year, particularly last quarter at least for the people having 2004-Mid and before PDs.
I very much appreciate your analysis. But I dont understand why EB3 does not even move to 2002 and stuck in 2001 for so long!!
I know many people swiched to EB2 during 2003-2004. But then someone pointed out indian companies bring people here - L1 also filed under EB3. What about those cases?
- Many people with 2000/1/2 dates have already left USA - Tired: Could not
take the delay:Found good oppertunity back home or elsewhere
- Black labor market played a part to shift a considerable load either to EB2 or
PD date from 1999/2000 and thus many people preferred that path either
stuck in EB2 or have already got their GC
The only thing we can be unsure about stuck in NC with those early PDs.
Having said this, it is ofcourse impossible to predict perfect chain of future flow, I see hope for EB3-I in this year, particularly last quarter at least for the people having 2004-Mid and before PDs.
I very much appreciate your analysis. But I dont understand why EB3 does not even move to 2002 and stuck in 2001 for so long!!
I know many people swiched to EB2 during 2003-2004. But then someone pointed out indian companies bring people here - L1 also filed under EB3. What about those cases?
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natrajs
02-27 10:33 PM
I have sent 15 letters today, and will send another 25 + before this weekend
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awenger
08-21 06:28 PM
I am not sure if it is only me.....but many times I see strangers wishing me or each other morning, evening...."how u doing" ,,,etc....
but Indians (I am also an Indian -:) are a little reserved....I do not see a greeting from fellow Indians that easily.....again I am not saying Indians are bad (cause I too am one -;)
maybe it is a culture thing for us not to greet strangers ?
PS - I have had my share of experience where non-Indians are also sometime rude me to me .....
This is from Justin Webb -- BBC's long-time Washington Bureau Chief:
Now back in the UK I find myself utterly at sea - I say hello to people I pass in the street. They lunge on, muttering insults. We'll get used to it.
url: BBC - Justin Webb's America: Time to say goodbye (http://www.bbc.co.uk/blogs/thereporters/justinwebb/2009/08/time_to_say_goodbye.html)
but Indians (I am also an Indian -:) are a little reserved....I do not see a greeting from fellow Indians that easily.....again I am not saying Indians are bad (cause I too am one -;)
maybe it is a culture thing for us not to greet strangers ?
PS - I have had my share of experience where non-Indians are also sometime rude me to me .....
This is from Justin Webb -- BBC's long-time Washington Bureau Chief:
Now back in the UK I find myself utterly at sea - I say hello to people I pass in the street. They lunge on, muttering insults. We'll get used to it.
url: BBC - Justin Webb's America: Time to say goodbye (http://www.bbc.co.uk/blogs/thereporters/justinwebb/2009/08/time_to_say_goodbye.html)
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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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gc genie
06-13 07:40 PM
Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
tinamatthew
07-20 09:51 AM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)
santb1975
02-08 03:10 PM
We care about ourselves and we need to participate and encourage everyone else to participate. I got 5 more friends from my Grad school to come forward and send letters.They said they will do it by Monday. With the new deadline I can approach more people. I am volunteering at a temple next weekend and I will take some templates there for signatures
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