msyedy
01-12 06:57 PM
I understand this topic has been discussed ad nauseam, so I'm not raising this issue per se. I do not know where we stand on the likelihood of this provision getting passed by Feb 15th, but I do know that the Core group must be trying their best to get some provisions along these lines.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
Why are you making it more complicated. People here want to get things done faster and relief for everyone.
According to your statement .(New formulas). people with I-140 approved for x years can file I-485 and so on......
If we are fighting for something nice, why not fight and say that we need everyone to be able to file I-485 like it was earlier. Reducing jam in USCIS is not a simple issue.By decreasing the number of I-485 filing the amount of time cannot be accuratly estimated that would take it to clear a case. USCIS can increase filling fees which they are thinking of doing to handle the current log jam they have, so I think we stick to and follow IV core.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
Why are you making it more complicated. People here want to get things done faster and relief for everyone.
According to your statement .(New formulas). people with I-140 approved for x years can file I-485 and so on......
If we are fighting for something nice, why not fight and say that we need everyone to be able to file I-485 like it was earlier. Reducing jam in USCIS is not a simple issue.By decreasing the number of I-485 filing the amount of time cannot be accuratly estimated that would take it to clear a case. USCIS can increase filling fees which they are thinking of doing to handle the current log jam they have, so I think we stick to and follow IV core.
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jsb
12-15 10:08 AM
Thanks Chris for sharing this info
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
....
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
....
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
yabadaba
06-28 03:13 PM
^^^
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jnayar2006
03-27 05:40 PM
nsnriv,
The idea of the IV forums is to discuss our agenda, and activities.
Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.
Good luck,
Berkeleybee
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
The idea of the IV forums is to discuss our agenda, and activities.
Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.
Good luck,
Berkeleybee
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
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ups
01-04 01:43 PM
I think QA jobs are relaxing. I don't know about SAP job. And there are only few engineer QA in my company. All other are just with some other bachelor degree. I think company has very hard time finding expert QA and they hire anybody for that job and pay decent salary.
saran4
03-03 09:05 PM
Hi all,
consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?
what may be the reason? why they are concerned about the offshore salary?
consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?
what may be the reason? why they are concerned about the offshore salary?
more...
mhathi
11-09 01:58 PM
Have sceintific journal/grant proposal writing skills and am good at Powerpoint. Will be glad to help.
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WeShallOvercome
07-31 06:52 PM
My lawyer also did not file EAD/AP along with the AOS application. The USCIS FAQ 2 says that you can file without the I-485 receipt but you do need proof of delivery. Has the lawyer given you the FedEx / UPS delivery receipt?
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.
more...
TigerAmit
09-23 03:07 PM
Dear Guru's
I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".
However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.
It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.
based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.
Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.
I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.
I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.
Is there anyway I can talk to ombudsman office and get personal attention to my case.
Guru's please help me out with your experience and ideas.
I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".
However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.
It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.
based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.
Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.
I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.
I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.
Is there anyway I can talk to ombudsman office and get personal attention to my case.
Guru's please help me out with your experience and ideas.
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Alabaman
06-10 12:17 PM
plus sidlees english is even poor. I wonder how he has been keeping his job.
Sidbee,
thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.
I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.
Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).
You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.
I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.
J thomas
Sidbee,
thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.
I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.
Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).
You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.
I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.
J thomas
more...
vfwlkr
04-08 03:16 PM
PD: July 01 EB3 India
I-140 approved: 03/2004 (Not concurrent)
485 RD: March 05 (CSC)
Case transferred to NSC: 03/2006
I-140 approved: 03/2004 (Not concurrent)
485 RD: March 05 (CSC)
Case transferred to NSC: 03/2006
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hate_me
03-28 10:41 AM
Amount: $100
Receipt ID: 8XN17151GH219590E
This was yesterday and I had posted it in another thread
Receipt ID: 8XN17151GH219590E
This was yesterday and I had posted it in another thread
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smuggymba
09-14 02:38 PM
Is there a way to find all "active" members? If we're in the range 5000, then 10 per month for every user is good.
I saw many ppl in August who came in and posted that they got GC, not sure how many of them used IV and donated.
I saw many ppl in August who came in and posted that they got GC, not sure how many of them used IV and donated.
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thescadaman
09-28 04:42 PM
Q : Is USCIS prioritizing certain application(s) during the receipting process?
Yes. The Application to Adjust Status (I-485) will have first priority because USCIS needs to ensure that these applications are receipted in a timeframe that would allow processing of an application for an Employment Authorization Document (EAD) within 90 days of filing as mandated by law [8 CFR 247a.13(d)]. Our second priority will be to receipt the Application for Naturalization (N-400) so that we can minimize any delays in obtaining citizenship.
Yes. The Application to Adjust Status (I-485) will have first priority because USCIS needs to ensure that these applications are receipted in a timeframe that would allow processing of an application for an Employment Authorization Document (EAD) within 90 days of filing as mandated by law [8 CFR 247a.13(d)]. Our second priority will be to receipt the Application for Naturalization (N-400) so that we can minimize any delays in obtaining citizenship.
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kaisersose
07-11 06:16 PM
I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,
If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?
Pls. help, your reply will be highly appreciable?
The Yates memorandum is very clear on this. It is not necessary for CIS to issue an Ability to pay RFE for the new employer. However, if they suspect fraud or some other problem, then they can always investigate. Having only 32 employees is obviously not a reason to start an investigation.
Short answer - No potential problems.
If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?
Pls. help, your reply will be highly appreciable?
The Yates memorandum is very clear on this. It is not necessary for CIS to issue an Ability to pay RFE for the new employer. However, if they suspect fraud or some other problem, then they can always investigate. Having only 32 employees is obviously not a reason to start an investigation.
Short answer - No potential problems.
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KKtexas
05-05 11:32 AM
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MAEB2TR
09-04 10:42 AM
I heard that too. If your attorney feels confident, then proceed with the filing.
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tinamatthew
07-20 09:37 PM
Hi,
I am planning to change my residence after 2 months. By that time my AOS would be applied. Will it be a problem if I change my residence (different city but same state) after AOS is applied?
:confused:
Signed up for 50$ recurring
Of course you can move, just make sure you send in AR-11within 10 days of moving. The lawyer has a good point though. I changed my address using AR-11 (because lawyer put wrong town and zip!!!) informed USCIS, they wrote back to say it had been done and kept sending receipts to the wrong address, which was none existent!! Check out the link below
"all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address"
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9d686c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
I am planning to change my residence after 2 months. By that time my AOS would be applied. Will it be a problem if I change my residence (different city but same state) after AOS is applied?
:confused:
Signed up for 50$ recurring
Of course you can move, just make sure you send in AR-11within 10 days of moving. The lawyer has a good point though. I changed my address using AR-11 (because lawyer put wrong town and zip!!!) informed USCIS, they wrote back to say it had been done and kept sending receipts to the wrong address, which was none existent!! Check out the link below
"all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address"
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9d686c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
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freefly
May 1st, 2005, 12:58 PM
I think you already know the answer to this...don�t change a thing. They look very professional to me...PIN sharp, well composed and the speed is just right. By freezing the action, I think it gives the impression of an explosion of speed rather than enhancing the movement. Nice one!
P.s. Perfect use of aperture to lose the background too!
P.p.s.That has to be an "L" Lens?
Nick
http://www.all-things-photography.com (http://www.all-things-photography.com/)
http://www.panphotography.com (http://www.panphotography.com/)
P.s. Perfect use of aperture to lose the background too!
P.p.s.That has to be an "L" Lens?
Nick
http://www.all-things-photography.com (http://www.all-things-photography.com/)
http://www.panphotography.com (http://www.panphotography.com/)
singhsa3
07-12 02:29 PM
Hi Man,
That thread is is informative but does not directly answers the question, as it covers variety of items. Personally, I just want know if any one who filled in July got rejected , if yes, what are the details. If folks are willing to stick to responding only if their 485 in July got rejected, with details. I would recommend to keep this thread.
http://immigrationvoice.org/forum/showthread.php?t=6319
In this thread people are discussing mostly for the July 485 cases, so the name is not exactly the "485 rejection", but similar situations are discussed here.
Thanks
That thread is is informative but does not directly answers the question, as it covers variety of items. Personally, I just want know if any one who filled in July got rejected , if yes, what are the details. If folks are willing to stick to responding only if their 485 in July got rejected, with details. I would recommend to keep this thread.
http://immigrationvoice.org/forum/showthread.php?t=6319
In this thread people are discussing mostly for the July 485 cases, so the name is not exactly the "485 rejection", but similar situations are discussed here.
Thanks
qualified_trash
06-09 10:34 AM
I agree that capitalism is the first american value..... and IMHO it is the only one that works........ Look at France and the old European countries vs the new EU countries that were part of the Warsaw pact who adopted complete capitalism instead of the hybrid capitalism/socialism........
The only exception to the above rule would be China......... and we need to see where it goes over the next 50 years.
I can bet that if USCIS came up with a plan where they would adjudicate labor, I140 and 485 in one month guaranteed for a premium fee of say 50k, most employers would come up with a way to pay the same and recoup part of it from the employee. Those on an H1 working for consulting companies where they pretty much work for a percentage of the billing would take a loan, max their cards out and do it.
I know I would............... As President Calvin Coolidge said in 1925, "The business of America, is business."
The only exception to the above rule would be China......... and we need to see where it goes over the next 50 years.
I can bet that if USCIS came up with a plan where they would adjudicate labor, I140 and 485 in one month guaranteed for a premium fee of say 50k, most employers would come up with a way to pay the same and recoup part of it from the employee. Those on an H1 working for consulting companies where they pretty much work for a percentage of the billing would take a loan, max their cards out and do it.
I know I would............... As President Calvin Coolidge said in 1925, "The business of America, is business."
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