bigboy007
06-04 11:59 AM
why not ? 140 and 485 can be filed at same time if dates become current.
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addsf345
11-12 02:07 PM
Found some interesting explanation about New interpretations on section 245(k). This has 180 days tolerance even if you continue work without legal status when in confusion, like the one you asked for.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
k2006
06-01 04:46 PM
I have a question here. If this bill becomes law in its current form what happens to those I-140 filed on May 15, 2007 itself. Can they saty in old system or they have to go to the new system ? I looked into AILA interpretation but its not clear about those are filed on May 15, 2007 itself.
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CADude
07-04 03:18 PM
Contact your Senator regarding unprecedented move by the Department of State.
If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.
Dear Senator :
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.
Dear Senator :
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
more...
MeraNaamJoker
09-27 09:51 AM
I am waiting for 14 yrs.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
You should be able to switch from EB3 to EB2.
Put pressure on employer or get some other company (reputed one) to take a AC21 and start processing EB2.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
You should be able to switch from EB3 to EB2.
Put pressure on employer or get some other company (reputed one) to take a AC21 and start processing EB2.
GCapplicant
07-16 08:52 AM
The address to mail the checks to is:
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
This can also be obtained at:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=76&Itemid=65
Mailed check directly to the above address.
$ 25 -Done- by PNC bank.
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
This can also be obtained at:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=76&Itemid=65
Mailed check directly to the above address.
$ 25 -Done- by PNC bank.
more...
sandy_anand
06-26 04:59 PM
Congrats skillet! Really great news!
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dhesha
02-25 05:14 PM
Yes and then they should process in LIFO order so people like you can get their GCs :p :rolleyes:
What do you mean they should???? Are they not already doing so?
What do you mean they should???? Are they not already doing so?
more...
bobzibub
06-26 07:46 PM
nothing if people leave!! and similarly it gains a little bit if people stay and continue.
which raises a good point for the author (who started the thread) ... earlier it was a unwritten rule that a person gets GC in max 5 years ..but as times changed immigration rule did not change and hence we have long wait lines nowadays ..
how much US loses ..a study will have to be done ..but I remember reading a story about a UN study ..which said immigration helps all countries as long as it is controlled (study may have included little bit of uncontrolled too) ..so it said even India gains from illegal bangladeshi's ..because they do lot of work which many Indians don't do. and ofcourse in today's world background check is a must.
how it helps ..most of us know ..immigrant stays at his job for a long time..to keep the status ..whereas natives keep hopping. hence lot of expense in training (this applies from a restaurant to a hi fi IT company).
the point is at what point the person in line will break (and go elsewhere) ..maybe a study has to be done (no one would do it though).
some reports did say that lot of Indians and Chinese went back to their countries (not necessarily for immi ..but I won't be surprised if USCIS was a key factor ..some of my friends (atleast 10 -15) left and now work from India ...and are training more people out there, pay taxes there, all services (from grocery to tourism taxes, education etc etc etc there) ...
The illegal immigrants working in the Swift meat packing plant when ICE raided cost Swift almost $100k per individual, if I recall. Consider what skilled immigrants cost the economy. I've worked in my company for four years now. They could replace me, but there is a lot of knowledge lost if I walk or have to leave.
For people to claim that employees can be replaced with little or no cost, especially skilled employees, they betray their lack of knowledge of economics.
which raises a good point for the author (who started the thread) ... earlier it was a unwritten rule that a person gets GC in max 5 years ..but as times changed immigration rule did not change and hence we have long wait lines nowadays ..
how much US loses ..a study will have to be done ..but I remember reading a story about a UN study ..which said immigration helps all countries as long as it is controlled (study may have included little bit of uncontrolled too) ..so it said even India gains from illegal bangladeshi's ..because they do lot of work which many Indians don't do. and ofcourse in today's world background check is a must.
how it helps ..most of us know ..immigrant stays at his job for a long time..to keep the status ..whereas natives keep hopping. hence lot of expense in training (this applies from a restaurant to a hi fi IT company).
the point is at what point the person in line will break (and go elsewhere) ..maybe a study has to be done (no one would do it though).
some reports did say that lot of Indians and Chinese went back to their countries (not necessarily for immi ..but I won't be surprised if USCIS was a key factor ..some of my friends (atleast 10 -15) left and now work from India ...and are training more people out there, pay taxes there, all services (from grocery to tourism taxes, education etc etc etc there) ...
The illegal immigrants working in the Swift meat packing plant when ICE raided cost Swift almost $100k per individual, if I recall. Consider what skilled immigrants cost the economy. I've worked in my company for four years now. They could replace me, but there is a lot of knowledge lost if I walk or have to leave.
For people to claim that employees can be replaced with little or no cost, especially skilled employees, they betray their lack of knowledge of economics.
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nareshg
09-17 01:08 AM
All the info here is great !!
Pardon my ingnorance, but if I wanted to start a small time business where I do website development and designing either myself or by a company outside US, do I need to file as an LLC or can I register as a small business. Can someone tell me where I might get details for registering a company (Or is that same as LLC).
I was thinking I will not get EAD earlier than 6 months and I got it in less than 6 weeks....so now am doing some basic ground work and would appreciate any guidance !!
Thanks in advance.
Pardon my ingnorance, but if I wanted to start a small time business where I do website development and designing either myself or by a company outside US, do I need to file as an LLC or can I register as a small business. Can someone tell me where I might get details for registering a company (Or is that same as LLC).
I was thinking I will not get EAD earlier than 6 months and I got it in less than 6 weeks....so now am doing some basic ground work and would appreciate any guidance !!
Thanks in advance.
more...
dval_dpal
12-11 08:03 PM
i have seen so many people got approved from wells fargo on 485 pending stage???
i'm in same problem if somebody can light on this.....
Is 485 application notice and Ead plus I 140 will be enought for Refinance from well fargo?
i have current mortgage with well fargo and i'm trying to do refinance after 4 years with good credit history with no payment missed in last 4 years.
any help would be really helpful to talk with wells fargo
thank you
i'm in same problem if somebody can light on this.....
Is 485 application notice and Ead plus I 140 will be enought for Refinance from well fargo?
i have current mortgage with well fargo and i'm trying to do refinance after 4 years with good credit history with no payment missed in last 4 years.
any help would be really helpful to talk with wells fargo
thank you
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lskreddy
04-30 02:54 PM
Other than boasting how excellent USCIS is doing their job, there was nothing new or helpful to the actual bill. It was actually counter to the task at hand. That was Aytes...
Now, a State dept person is talking about how efficient they are..
Now, a State dept person is talking about how efficient they are..
more...
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fuzzy logic
07-18 03:32 PM
Hi everyone!
I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.
USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.
Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.
I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.
Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!
I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.
USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.
Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.
I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.
Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!
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dewdrop
07-19 02:09 AM
Somehow i still think PD will be important.People are wondering how they are gonna pull out earlier pd's from the thousands that will pour in.Well,while entering the file into the system,they have to enter all this data right,in order to issue receipts.Surely they have a way of sorting the whole file by PD,becoz they know that after the retrogression,as and when visa numbers become available,they can just haul out the files by PD and see if security checks and fp are done!!In this case RD's are useless,except for EAD's and AP's or maybe to sort out the apps among the current dates itself!!!!If so,they can allot a number and we see the green!!!I'm sure i am missing out some key plot point here...but i wish the processing was as simple as the above!!!
more...
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pd_recapturing
10-17 10:17 AM
As I said before, I am willing to spend time (and of course money) to go and talk to anyone who can help us in this regard. Though, I am not in this situation but who knows. Guys, pls come forward and participate in this very very imp campaign.
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freedom_fighter
07-05 04:15 PM
Are you insane ? Just because we don't see what IV core/other members contribute behind the scenes, doesn't mean that we should change the IV core. I was a quite member for a while and saw, what IV was able to accomplish during the July 2007 fiasco.
Yeah , i can understand the frustration, we have not seen anything beyond the July 2007 filing. How many of you've taken out on the streets, went to your senator and congress.
We are such a minority in eyes of congress/senate, that they dont care about us.
If you've any better means to do something effective, by all means create some other organization. I don't necessarily agree with what IV pushes for all the time, but so what , they are doing something atleast.
Still, if you think you've an idea or something that can cause a real impact, share it here and i'm sure IV will accommodate you. I would be happy to see the end of this legal immigration red-tape and see the end of IV for a good cause. IV core are ppl just like us, if you want to devote more time, by all means ask IV and they will include you.
Ultimately, we all care about getting the job done. End to this insane wait and red-tape.
my 2 cents
Yeah , i can understand the frustration, we have not seen anything beyond the July 2007 filing. How many of you've taken out on the streets, went to your senator and congress.
We are such a minority in eyes of congress/senate, that they dont care about us.
If you've any better means to do something effective, by all means create some other organization. I don't necessarily agree with what IV pushes for all the time, but so what , they are doing something atleast.
Still, if you think you've an idea or something that can cause a real impact, share it here and i'm sure IV will accommodate you. I would be happy to see the end of this legal immigration red-tape and see the end of IV for a good cause. IV core are ppl just like us, if you want to devote more time, by all means ask IV and they will include you.
Ultimately, we all care about getting the job done. End to this insane wait and red-tape.
my 2 cents
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mayhemt
06-24 08:47 PM
Actually there are 2 sides to these questions.. (Of course I am also one of the EB3 aspirants.)
1. What is America losing because of our prolonged wait for Green Cards?
America would be losing on intellectual grounds. Most of the people waiting in the never-ending GC queue are ready to give up their spot, if they get good opportunities elsewhere, eg: UK, Canada, Australia, However it is not going to put a dent overall intellectual pool.
America would be gaining in terms of revenue & employment creation:
Filing fees, Attorney fees are the visible ones. The non-tangible ones being social security fund & medicare fund, Income tax, employer's insurance premiums. Most likely, the silent immigrant going back to his home country or another country is not going to ask for social security benefits/Medicare. Social Security in particular which is in desperate need of repairs greatly appreciates the immigrant going back.
The wait creates lot of employment in terms of immigration personnel, attorneys, USCIS systems' maintenance. Consider this: A credit card processing bank does more checks on an individual/card while processing an authorization. What if the whole immigration system has been automated (instead of today's almost fully paper-based immigration processing)? Even with automated systems in place (eg PIMS), there are massive delays. But the complete reform would hit a huge employment soft spot. How much would it take to hook up a terminal in an overseas consulate, thru which the consulate officer can check the petition validity then & there itself, accessing it from a Centralized database? Heck they should learn it from Yahoo or Google, to access systems from anywhere in the world.
2. How people who have green cards are contributing to the country as a whole ?
By contributing to income tax. A person with green card is more likely to get more opportunities than a person on H1. H1 holder is constantly nagged with endless paperwork, dependencies, expiration dates. A green card holder can switch to different companies or start his/her own business, thereby earning for himself & paying more on income tax & possible his/her business tax.
A permanent resident has already gone thru ton of checks/regulations eg: Criminal checks, medical tests. If the same tests were put thru for Americans, how many are really going to pass? Green card holders (or even H1 worker) stick to all rules, regulations, pay their bills without being a threat to American society.
On the other hand, green card holders/H1s need not sign up for defense service selection (above the age of 24). Lost American jobs is whole different ball game.
3. What if the whole green card process takes less than 3 years ?
If it takes less than 3yrs, it will certainly make lot of IVians & happy, including me. But we are not in Utopian world.
On the other hand, there will be huge influx of immigrant applications. Slowly immigration population would become large chunk in administrative areas, they may even reach Washington.
1. What is America losing because of our prolonged wait for Green Cards?
America would be losing on intellectual grounds. Most of the people waiting in the never-ending GC queue are ready to give up their spot, if they get good opportunities elsewhere, eg: UK, Canada, Australia, However it is not going to put a dent overall intellectual pool.
America would be gaining in terms of revenue & employment creation:
Filing fees, Attorney fees are the visible ones. The non-tangible ones being social security fund & medicare fund, Income tax, employer's insurance premiums. Most likely, the silent immigrant going back to his home country or another country is not going to ask for social security benefits/Medicare. Social Security in particular which is in desperate need of repairs greatly appreciates the immigrant going back.
The wait creates lot of employment in terms of immigration personnel, attorneys, USCIS systems' maintenance. Consider this: A credit card processing bank does more checks on an individual/card while processing an authorization. What if the whole immigration system has been automated (instead of today's almost fully paper-based immigration processing)? Even with automated systems in place (eg PIMS), there are massive delays. But the complete reform would hit a huge employment soft spot. How much would it take to hook up a terminal in an overseas consulate, thru which the consulate officer can check the petition validity then & there itself, accessing it from a Centralized database? Heck they should learn it from Yahoo or Google, to access systems from anywhere in the world.
2. How people who have green cards are contributing to the country as a whole ?
By contributing to income tax. A person with green card is more likely to get more opportunities than a person on H1. H1 holder is constantly nagged with endless paperwork, dependencies, expiration dates. A green card holder can switch to different companies or start his/her own business, thereby earning for himself & paying more on income tax & possible his/her business tax.
A permanent resident has already gone thru ton of checks/regulations eg: Criminal checks, medical tests. If the same tests were put thru for Americans, how many are really going to pass? Green card holders (or even H1 worker) stick to all rules, regulations, pay their bills without being a threat to American society.
On the other hand, green card holders/H1s need not sign up for defense service selection (above the age of 24). Lost American jobs is whole different ball game.
3. What if the whole green card process takes less than 3 years ?
If it takes less than 3yrs, it will certainly make lot of IVians & happy, including me. But we are not in Utopian world.
On the other hand, there will be huge influx of immigrant applications. Slowly immigration population would become large chunk in administrative areas, they may even reach Washington.
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gc_maine2
08-10 12:39 PM
I hope it is this coming monday.:)
Which Monday are we going to get these receipts. About 3 Mondays have come and gone and a 4th one coming up :)
Which Monday are we going to get these receipts. About 3 Mondays have come and gone and a 4th one coming up :)
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vinabath
07-20 12:44 PM
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 - Schedule A applicant)
I think you can start another job with the same job description. EAD is not tied to the employer. It is tied to you. AC21 is a blessing for us in this regard.
After 180 days, you are free and you almost got virtual GC except that you need to work in the same job description and maintain character.
I think you can start another job with the same job description. EAD is not tied to the employer. It is tied to you. AC21 is a blessing for us in this regard.
After 180 days, you are free and you almost got virtual GC except that you need to work in the same job description and maintain character.
Sri_1975
07-14 02:20 PM
Done.
WeShallOvercome
07-05 01:52 PM
Good job pcs !!
I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!
I met the local office of my Congressman with the following documents to make it easy & simple..
A copy of the Congresswoman Lofgren's letter written to USCIS etc ( download it from IV homepage )
A copy of Today ( July 5th ) Wall Street Journal . This issue has story about this fiasco.
Downloaded news flash from Murthy.com regarding Visa bulletins of 13th June & the screwup bulletin on 2nd July
Above was good enough to convince them regarding the mess & they promised action on their part..
IMPORTANT... I clarified that IT IS A PROCEDURAL ISSUE WITH USCIS
NOT AN IMMIGRATION ISSUE WHERE CONGRESS HAS TO TAKE ACTION
This really made them very comfortable as she said, we keep writing to concerned offices about procedural matters.
I told them that they should ask USCIS to " RECEIVE" aour applications to minimize our finanacial loss and other headache of refiling at a later date
Please note, it is real easy to meet the Congressman as they have local offices may be one mile away from your office or home.
Small towns like mine are great for this effort as compared to big towns. I encourage all of you particularly living in small towns to make this small move, which I am sure can resolve our issue & we will save all the $$$ in refiling & avoid further agony
Since your butt is on fire like mine.... I do not think I need to convince you to act on this
Best wishes
I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!
I met the local office of my Congressman with the following documents to make it easy & simple..
A copy of the Congresswoman Lofgren's letter written to USCIS etc ( download it from IV homepage )
A copy of Today ( July 5th ) Wall Street Journal . This issue has story about this fiasco.
Downloaded news flash from Murthy.com regarding Visa bulletins of 13th June & the screwup bulletin on 2nd July
Above was good enough to convince them regarding the mess & they promised action on their part..
IMPORTANT... I clarified that IT IS A PROCEDURAL ISSUE WITH USCIS
NOT AN IMMIGRATION ISSUE WHERE CONGRESS HAS TO TAKE ACTION
This really made them very comfortable as she said, we keep writing to concerned offices about procedural matters.
I told them that they should ask USCIS to " RECEIVE" aour applications to minimize our finanacial loss and other headache of refiling at a later date
Please note, it is real easy to meet the Congressman as they have local offices may be one mile away from your office or home.
Small towns like mine are great for this effort as compared to big towns. I encourage all of you particularly living in small towns to make this small move, which I am sure can resolve our issue & we will save all the $$$ in refiling & avoid further agony
Since your butt is on fire like mine.... I do not think I need to convince you to act on this
Best wishes
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