morpheus
07-24 10:21 AM
I believe you are overlooking three very important facts.
1. The USCIS main priority at the moment is to reduce backlogs. Unfortunately retrogression works in their favor because it reduces the processing they have to do. Your proposal would increase the processing by forcing them to accept 485 filings and building up a backlog.
2. The USCIS administrator would not be allowed to make a decision like this without input from Congress. It's radically different from concurrent processing, which is a minor administrative change. With AC21, filing 485 without a visa number would allow people to change jobs etc, so it is in the realm of political decisions, not administrative.
3. The USCIS can't even manage to get premium I140 processing (planned since 2002), multi-year EAD's (overdue for years now) or issue regulations on AC21 (due since 2000). Even Congress can barely get them to act!
1. The USCIS main priority at the moment is to reduce backlogs. Unfortunately retrogression works in their favor because it reduces the processing they have to do. Your proposal would increase the processing by forcing them to accept 485 filings and building up a backlog.
2. The USCIS administrator would not be allowed to make a decision like this without input from Congress. It's radically different from concurrent processing, which is a minor administrative change. With AC21, filing 485 without a visa number would allow people to change jobs etc, so it is in the realm of political decisions, not administrative.
3. The USCIS can't even manage to get premium I140 processing (planned since 2002), multi-year EAD's (overdue for years now) or issue regulations on AC21 (due since 2000). Even Congress can barely get them to act!
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jamesbond007
02-19 03:06 PM
Instead of opposing it for fear of application deluge, why not ask for a clause that says applications should be adjudicated within a certain timeframe?
And do not under estimate USCIS. They are capable of approving 45K GCs in a week. (July 2007??). They may not want to do it for various reasons - rake in perpetual fees on renewals, numerical limitations each month/quarter/year etc. I think they have the capability; but not the willingness.
May be getting 10 millions latinos in the AOS queue is what is needed to improve the USCIS' processing. With them, the latinos also bring their strong lobbying efforts too.
There has to be some movement towards bettering the immigration process in this country. If you will only accept a "perfect" fix, no reform will ever make it. Any change towards improving the immigration process should be encouraged.
It is really sad to see opposition to this proposal just because it did not include every one.
And do not under estimate USCIS. They are capable of approving 45K GCs in a week. (July 2007??). They may not want to do it for various reasons - rake in perpetual fees on renewals, numerical limitations each month/quarter/year etc. I think they have the capability; but not the willingness.
May be getting 10 millions latinos in the AOS queue is what is needed to improve the USCIS' processing. With them, the latinos also bring their strong lobbying efforts too.
There has to be some movement towards bettering the immigration process in this country. If you will only accept a "perfect" fix, no reform will ever make it. Any change towards improving the immigration process should be encouraged.
It is really sad to see opposition to this proposal just because it did not include every one.
McGuffin
02-14 07:15 PM
I'm in.
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ambrishmisra
04-10 02:05 PM
My wife is in US since Aug, 2006 on H4.
We missed the H1-B filing last year and it doesn't look good this year too (although her petition got submitted on the first day).
Her last four years job profile (as of now):
- 2.5 years for 'Company A' (one of the top 3 Indian s/w company)
- 10 months for 'Company B'
- 8 months on H4 (in US) - NO work
Can she apply through 'Company A' for an L1 (as she has worked more than a year continuously in the last three years)?
OR its only for an company you are working for currently?
Any help will be greatly appreciated.
We missed the H1-B filing last year and it doesn't look good this year too (although her petition got submitted on the first day).
Her last four years job profile (as of now):
- 2.5 years for 'Company A' (one of the top 3 Indian s/w company)
- 10 months for 'Company B'
- 8 months on H4 (in US) - NO work
Can she apply through 'Company A' for an L1 (as she has worked more than a year continuously in the last three years)?
OR its only for an company you are working for currently?
Any help will be greatly appreciated.
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boreal
07-13 01:56 PM
I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.
I agree. Infact my application hasnt even been touched once (July 2, RD), no soft LUD either, even after FP .. makes me believe that there might be other applications out there too that have never been touched so far..so we cant assume that all the cases prior to July 2007 have already been pre-adjudicated, just because the processing-dates at NSC say July 2007. I think the processing dates reflect only those cases whose PD was current when the processing-dates timeframe came out. We will know more accurately when the processing-dates are updated next month. If the processing-dates, even after next month's update remain at July, 2007, then we can probably assume that our cases have already been pre-adjudicated. (still makes me wonder how that can happen without any soft LUDs at all, but anything is possible). I will keep my fingers crossed and hope for the best.
However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.
I agree. Infact my application hasnt even been touched once (July 2, RD), no soft LUD either, even after FP .. makes me believe that there might be other applications out there too that have never been touched so far..so we cant assume that all the cases prior to July 2007 have already been pre-adjudicated, just because the processing-dates at NSC say July 2007. I think the processing dates reflect only those cases whose PD was current when the processing-dates timeframe came out. We will know more accurately when the processing-dates are updated next month. If the processing-dates, even after next month's update remain at July, 2007, then we can probably assume that our cases have already been pre-adjudicated. (still makes me wonder how that can happen without any soft LUDs at all, but anything is possible). I will keep my fingers crossed and hope for the best.
vin13
02-10 10:59 AM
No disrespect meant but what's this? Faux News? As per the law, there is no quota of 2802 green cards for EB3 India. Its a ceiling not a quota. The difference is with ceiling of 7% USCIS can allocate lower number than 7% of 28.6% of 140,000 to EB3 India. If it would be 7% quota, then it would be fair to ask for our "right" for another 580 more green cards. That's why this is not real information, its Faux news.
desi3933 has correctly mentioned the relevant stats. Just in case you missed it:
This is the reason I do not find that immigration business shop credible any more.
I believed we get atleast 7% (cap) + any unused numbers. As there is a possiblilty of getting more than 7%, it is not considered a quota.
I did not know of getting less than 7% when there is high demand. :confused:
desi3933 has correctly mentioned the relevant stats. Just in case you missed it:
This is the reason I do not find that immigration business shop credible any more.
I believed we get atleast 7% (cap) + any unused numbers. As there is a possiblilty of getting more than 7%, it is not considered a quota.
I did not know of getting less than 7% when there is high demand. :confused:
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axp817
05-26 07:12 PM
Entire state of NH is within 100 miles of Canada.
No it isn't. :p
http://maps.google.com/maps?f=q&source=s_q&hl=en&q=keene,+nh+to+colebrook,+nh&sll=44.531759,-71.30127&sspn=1.969612,4.921875&ie=UTF8&ll=43.893934,-71.806641&spn=1.991056,4.921875&z=8&saddr=keene,+nh&daddr=colebrook,+nh
The White mountain area probably is within a 100 miles of Canada though.
Jokes aside,
I read a similar rant on IV a few years ago, that was when I learned about this rule/law/requirement (immigrants required to carry immigration documents on them).
These days, I don't ever leave home without my EAD card, if I am going anywhere within driving distance of where I live. If I fly, I usually carry my passport as well (not sure if that is any good since I am on AOS exclusively, but I do).
No it isn't. :p
http://maps.google.com/maps?f=q&source=s_q&hl=en&q=keene,+nh+to+colebrook,+nh&sll=44.531759,-71.30127&sspn=1.969612,4.921875&ie=UTF8&ll=43.893934,-71.806641&spn=1.991056,4.921875&z=8&saddr=keene,+nh&daddr=colebrook,+nh
The White mountain area probably is within a 100 miles of Canada though.
Jokes aside,
I read a similar rant on IV a few years ago, that was when I learned about this rule/law/requirement (immigrants required to carry immigration documents on them).
These days, I don't ever leave home without my EAD card, if I am going anywhere within driving distance of where I live. If I fly, I usually carry my passport as well (not sure if that is any good since I am on AOS exclusively, but I do).
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makemygc
07-05 12:29 PM
I just contributed my first $100.00. Go IV!
Thanks map_boiler.
Today, two of my firends who were stuck in BEC joined IV and contributed. At last I was able to convince them that IV is for all who are suffering due to immigration.
Thanks map_boiler.
Today, two of my firends who were stuck in BEC joined IV and contributed. At last I was able to convince them that IV is for all who are suffering due to immigration.
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himu73
07-02 07:34 AM
Hope you understand this is not the only issue we are concerned. If you feel this organization is not for you , why are you browsing here. Keep away. This is not the time we need negative energy like you.
i can say only one thing..IV willl not be able to do anythingin this regard.USCIS can do anything whatever the way hat want to do.
i can say only one thing..IV willl not be able to do anythingin this regard.USCIS can do anything whatever the way hat want to do.
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alterego
07-13 09:28 AM
I don't agree. It will stay same or forward in small increments with new fiscal yr numbers available. I am saying so because EB2 I stayed for such long at 04/07 and everyone knows fewer LCs were filed/approved between 04 and 05.
Keep in mind two things. Many, quite possibly most of the July VB fiasco filed 485s have not been processed yet, Eb2 or EB3 India. There have been more recently (in the past couple of months) but still not most. A good number of those filers had earlier PDs.
The quarterly statutory quota for EB2 I or C is so puny (something like 700 visas) that any movement would almost entirely be dependent on the Eb1 and EB2ROW overflow. That is why I feel, once this next two months pass, we will see dates back in 2004 for EB2. Maybe not quite back in April, but sometime in the middle to later 2004. However we could see PDs move at a healthy clip for EB2 I and C next year. It will take most of next years overflow to clear up the EB2 backlog in my view.
Keep in mind two things. Many, quite possibly most of the July VB fiasco filed 485s have not been processed yet, Eb2 or EB3 India. There have been more recently (in the past couple of months) but still not most. A good number of those filers had earlier PDs.
The quarterly statutory quota for EB2 I or C is so puny (something like 700 visas) that any movement would almost entirely be dependent on the Eb1 and EB2ROW overflow. That is why I feel, once this next two months pass, we will see dates back in 2004 for EB2. Maybe not quite back in April, but sometime in the middle to later 2004. However we could see PDs move at a healthy clip for EB2 I and C next year. It will take most of next years overflow to clear up the EB2 backlog in my view.
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cps060
01-31 04:27 PM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
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sushilup
07-11 12:49 PM
issue one year EAD and milk more money
source: www.immigration-law.com
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
source: www.immigration-law.com
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
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nojoke
09-17 10:06 PM
it seems like that ...actually if things get worse and many of us indeed lose jobs ..then I guess the mighty GC will finally become just a silly card.
here is a link which explains why it is not yet over ..I was talking to a friend and he told me that credit card companies, auto loans , commercial loans are in big trouble and could be the next shoe to drop. as for housing ..there was a small light at the end of tunnel ..but it seems that it was big bang collapse of wall street ..
------------
http://finance.yahoo.com/banking-budgeting/article/105782/How-We-Got-Here-It-Is-Housing-Stupid
It will probably cause inflation. Eventually they hope that house prices will catch up with the inflation. But a small problem though. The salary is not going to rise to match the housing price. The great benefits of global economy.:)
here is a link which explains why it is not yet over ..I was talking to a friend and he told me that credit card companies, auto loans , commercial loans are in big trouble and could be the next shoe to drop. as for housing ..there was a small light at the end of tunnel ..but it seems that it was big bang collapse of wall street ..
------------
http://finance.yahoo.com/banking-budgeting/article/105782/How-We-Got-Here-It-Is-Housing-Stupid
It will probably cause inflation. Eventually they hope that house prices will catch up with the inflation. But a small problem though. The salary is not going to rise to match the housing price. The great benefits of global economy.:)
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somegchuh
12-27 03:28 PM
I think the bottomline is not having a GC causes you so much general grief in life that even if you were in a perfect job on H1 and your spouse had a perfect job on H1, you would still want GC just to circumvent these issues with transit and financial institutions.
I know every time my wife or I fly anywhere, we are concerned about transit visas. Anytime you try to open an account, you are concerned. Different state DMV's act differently. Heck, even people in same DMV office in same city interpret rules differently when it comes to H1. I know ppl who have had trouble in CA getting a license because their H1 extension pending and I know ppl whose licenses were mailed to them with validity for another 5 years!
I know every time my wife or I fly anywhere, we are concerned about transit visas. Anytime you try to open an account, you are concerned. Different state DMV's act differently. Heck, even people in same DMV office in same city interpret rules differently when it comes to H1. I know ppl who have had trouble in CA getting a license because their H1 extension pending and I know ppl whose licenses were mailed to them with validity for another 5 years!
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japan21
03-10 08:42 PM
To be able to use the AC21, should the I-140 be already approved for 180 days or more?
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VIKAS1866
03-19 02:13 PM
Hi,
Any new development on FBI name check process? How can one address this issue?
Any new development on FBI name check process? How can one address this issue?
more...
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belmontboy
02-19 04:11 AM
1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.
How exactly are illegals going to prove that they have been here for more than 5 years?
How exactly are illegals going to prove that they have been here for more than 5 years?
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Suva
06-11 11:29 AM
Sent to NJ lawmakers.
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Almond
07-05 12:18 PM
So many more places to go to on the internet and get free info and free forums to post on that making this one a paid members only forum would ensure you and a handful of others like you will be best friends posting and viewing on here by yourselves. At least it'll last for a couple of years, you know, longer than a western marriage because you're bound to be waiting considering the USCIS snail work pace. This forum should stay free so everyone can have access to it and be able to communicate with others in similar situations. If one feels like they can/want to contribute for whatever reason, it should be of their own choosing. I just joined so I don't have that sense of gratefulness that longer term posters have but I can see how that could change after being here for a while.
GCVivek
03-21 02:50 PM
Consultants end up being cheaper for companies. Much cheaper! No labor tax, no payroll tax, no health insurance (over $500), no any insurance, no contributions to 401K and many more expenses. Plus $12K and then what? You will leave the firm in 6 months. Plus you cannot say that ONLY they got their worth from your services. They paid you what you are worth too! Right?
Green card processing costs only $12000 max..Its not a big deal for such big companies.They just dont want to do the favor.
getting green card itself takes min 10 years. so you r going to stick on to this company until that time. is that not a gaurantee. working for 10 years with same company.
you know y consulting companies file green card immediately. they do that becos the employee will stay with the company for a while.American companies do not realize this.
one of my friend came back to compny as a consultant. now they are paying two times more than what they were oaying him as full time employee. is that not an expense to the company...why they r paying him that much now , instead they should have filed his green card.
Green card processing costs only $12000 max..Its not a big deal for such big companies.They just dont want to do the favor.
getting green card itself takes min 10 years. so you r going to stick on to this company until that time. is that not a gaurantee. working for 10 years with same company.
you know y consulting companies file green card immediately. they do that becos the employee will stay with the company for a while.American companies do not realize this.
one of my friend came back to compny as a consultant. now they are paying two times more than what they were oaying him as full time employee. is that not an expense to the company...why they r paying him that much now , instead they should have filed his green card.
vin
06-12 03:02 PM
http://www.latimes.com/news/nationworld/nation/la-na-immig13jun13,1,432583.story?coll=la-headlines-nation
There are splits within the Republican and Democratic parties over the issue, but both sides say they think they can muster 60 votes -- the number needed to overcome a filibuster -- if they can resolve their procedural issues.
McConnell said he thought it was unlikely the president's visit would sway many Republicans. "I think most senators have pretty well made up their minds where they are on this, and I think there are a reasonable number of Republicans who in the end are likely to help get us get it through," McConnell said in a conference call with reporters.
There are splits within the Republican and Democratic parties over the issue, but both sides say they think they can muster 60 votes -- the number needed to overcome a filibuster -- if they can resolve their procedural issues.
McConnell said he thought it was unlikely the president's visit would sway many Republicans. "I think most senators have pretty well made up their minds where they are on this, and I think there are a reasonable number of Republicans who in the end are likely to help get us get it through," McConnell said in a conference call with reporters.
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