razzy77
05-09 11:57 AM
I have a pending I-140 since July 2006. Today i lost my sponsor employer and don't know what to do. Can I switch my pending I-140 to another employer? What can i do NOT to lose status? I still have a valid H1B till Augist 2008 but I have travelled on my Advance Parole. Does that mean that my H1B is terminated? Please advise. Thank you.
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jayleno
07-02 02:34 PM
Thing is they not always predictable. My spose EAD was approved in June. The aprroved the EAD starts after the current one ends in Oct. I dont know how they were trained to handle this.
And the worst thing is they approve it from the date tey approve it to 1 year after..My EAD which was expiring on 2th Sep'2008 was approved until Jun 20th 2009. Basically I got a 9 months extension...What a plan...
And the worst thing is they approve it from the date tey approve it to 1 year after..My EAD which was expiring on 2th Sep'2008 was approved until Jun 20th 2009. Basically I got a 9 months extension...What a plan...
rick_rajvanshi
07-15 02:37 PM
I know the discussion is about how many visas are remaining and we are trying to estimate it based on approved labour petitions. While the PERM data may be more reliable I have my serious doubts about the pre-PERM data. My PD is Jul 2004 and my case does not even show up in the 2004 MDB file. I think the 905 number is a severe understatement.
It 'll not be in 2004 file ..check 2007 - when your Labor got approved.
It 'll not be in 2004 file ..check 2007 - when your Labor got approved.
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nixstor
03-22 10:12 AM
I am new to the site and have been reading these posts and I have very little knowledge regarding the greencard processing. But as far as I know, law is not clear in this matter and this results in different interpretations by different people. There is also little scope for any law suit as the State Dept is the ultimate decision maker in these issues. see section 202 of INA Act
"(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"
>> Good find. I havent noticed this. I will check this. This appears to be be granting immunity against law suits, if not, at least, weakens the claim of lawsuit <<
Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process
Initially my understanding was per country limits do not apply only in the final Quarter and PD trumps everything else. How ever, the snip from Nov05 VB says that AC21 modified this and unused visa numbers in any calendar Q can be assigned with out per country limits. You are exactly right. Some one in the line has to get out so that the line moves and people get ahead.
"(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"
>> Good find. I havent noticed this. I will check this. This appears to be be granting immunity against law suits, if not, at least, weakens the claim of lawsuit <<
Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process
Initially my understanding was per country limits do not apply only in the final Quarter and PD trumps everything else. How ever, the snip from Nov05 VB says that AC21 modified this and unused visa numbers in any calendar Q can be assigned with out per country limits. You are exactly right. Some one in the line has to get out so that the line moves and people get ahead.
more...
Macaca
09-11 11:34 AM
Minds are like parachutes --
they only function when open
Thomas Dewar
they only function when open
Thomas Dewar
MDix
02-25 11:15 AM
We need to start pushing this through AILA.
Thanks'
MDix
Thanks'
MDix
more...
mkelekar
07-19 11:30 PM
If I file my wife's 485 separately, lawyer is doing mine and is not willing to include both together. My 140 is approved.
can i just send my 140 approval notice with my wife's 485 and would that be enough? pl. help
can i just send my 140 approval notice with my wife's 485 and would that be enough? pl. help
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rameshk75
05-01 03:27 PM
All the registered members of IV should contribute to make it a big success...If the bills are passed, there will be huge relief and happiness for everyone...
Those who are watching the threads for some success, nothing will happen if we don't contribute and lobby the bills.
Hence please give a hand to IV by CONTRIBUTING for the SUCCESS...
Those who are contributing let's move forward.. I will contribute another $50 at 20K..
Those who are watching the threads for some success, nothing will happen if we don't contribute and lobby the bills.
Hence please give a hand to IV by CONTRIBUTING for the SUCCESS...
Those who are contributing let's move forward.. I will contribute another $50 at 20K..
more...
rklscp
05-25 11:50 PM
I think the issue of Economic Stimulus Package and H-4 dependents is losing the momentum. Where is everyone????
I agree ---- I think the momentum is slowing down...
at least can we not take any legal action for issuing out a rule (you can file MFS and get the stimuls and then amend MFJ) on 04/14/2008??? what about people who filed a long time ago as MFJ?? Because once you filed MFJ, the action is irrevocable!?! In my honest opinion, this stupidity of issuing out a clause the day before filing deadline deserves some "stir"!!
I agree ---- I think the momentum is slowing down...
at least can we not take any legal action for issuing out a rule (you can file MFS and get the stimuls and then amend MFJ) on 04/14/2008??? what about people who filed a long time ago as MFJ?? Because once you filed MFJ, the action is irrevocable!?! In my honest opinion, this stupidity of issuing out a clause the day before filing deadline deserves some "stir"!!
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JEESEE
06-01 11:14 AM
Isnt this Ironic that Air France Flight went missing on coast of Brazil.
I think someone up in the sky has whipped at Air France.
I think someone up in the sky has whipped at Air France.
more...
kak1978
09-13 11:34 AM
hang in there buddy, as others have already suggested just wait for the notice and file MTR. tough 10-15 days but after all this is over you will forget about it. I was in a similar state when I got a RFE on 140.
Hey guys
Just received email from CRIS regarding I-485 denial notice for both me and my wife.
I used AC21 after 9 months of filing I-485. My I-140 was approved before even filing I-485 in July fiasco.
My attorney promptly sent AC-21 and G-28 and i did see LUD on my and my wife's I-485 after that.
My previous company informed me sometime ago that they are going to revoke I-140 and probably they did and i am assuming that's what triggered this.
This is certainly a big damm mistake they did even after sending AC-21 docs and G-28.
Hey guys
Just received email from CRIS regarding I-485 denial notice for both me and my wife.
I used AC21 after 9 months of filing I-485. My I-140 was approved before even filing I-485 in July fiasco.
My attorney promptly sent AC-21 and G-28 and i did see LUD on my and my wife's I-485 after that.
My previous company informed me sometime ago that they are going to revoke I-140 and probably they did and i am assuming that's what triggered this.
This is certainly a big damm mistake they did even after sending AC-21 docs and G-28.
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pitha
07-05 11:10 AM
absolutely correct. One of the reasons these USCIS crooks did this 485 fiasco is to
1. increase the fee
2. sadistic nature compels them to not give us EAD
Now, you trust these crooks to do the right thing. If they had good intentions they would not have perpetrated the 485 fiasco in the first place.
There will be new VB in Oct and many people will get returned 485 at that time.
Dont dream that USCIS will take all July applications.
1. increase the fee
2. sadistic nature compels them to not give us EAD
Now, you trust these crooks to do the right thing. If they had good intentions they would not have perpetrated the 485 fiasco in the first place.
There will be new VB in Oct and many people will get returned 485 at that time.
Dont dream that USCIS will take all July applications.
more...
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Pineapple
04-25 11:33 PM
Just contributed $ 200. Receipt ID: 00M756271K0810455
Frankly, with a priority date of May 2003, India, EB 3, I've given up on my own green card. I've contributed over $ 1000 so far to IV, excluding the $ 200 contribution I just made. (Making my cont. over $ 1200 so far)
At this point, if Anyone at all, ROW or whatever, gets Any benefit, its money well spent. I don't care anymore whether I get the GC or not... I'm getting older by the day, and the whole thing is looking more and more stupid... even surreal to me. The whole thing is piece of crock now, a Kafkaesque joke.
Frankly, with a priority date of May 2003, India, EB 3, I've given up on my own green card. I've contributed over $ 1000 so far to IV, excluding the $ 200 contribution I just made. (Making my cont. over $ 1200 so far)
At this point, if Anyone at all, ROW or whatever, gets Any benefit, its money well spent. I don't care anymore whether I get the GC or not... I'm getting older by the day, and the whole thing is looking more and more stupid... even surreal to me. The whole thing is piece of crock now, a Kafkaesque joke.
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HV000
03-20 03:44 PM
USCIS must first teach its officers on how to interpret the procedures, bulletins, etc. We will then make a logical inference/interpretation after studing the trend :o
more...
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justice4all
07-21 09:04 PM
Hi All,
Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.
Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?
I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.
I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.
One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?
So please let us start acting now: The list of next possible steps (in no particular order) are:
- Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
- Get the support of IV core team for this
- If no other alternatives are available then consider filing a case. Consult an attorney for this
- Raise more awareness about this and get allt he support we can
- Raise some money towards this cause
So please please provide more inputs so that we could start making some real progress. Thanks!!
Hello Risker,
After going through all postings, it is wise to consider the following actions in order:
1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
2. In the meantime, Get the details of peoples whose case are still in backlog centre.
3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)
P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.
Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.
Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?
I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.
I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.
One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?
So please let us start acting now: The list of next possible steps (in no particular order) are:
- Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
- Get the support of IV core team for this
- If no other alternatives are available then consider filing a case. Consult an attorney for this
- Raise more awareness about this and get allt he support we can
- Raise some money towards this cause
So please please provide more inputs so that we could start making some real progress. Thanks!!
Hello Risker,
After going through all postings, it is wise to consider the following actions in order:
1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
2. In the meantime, Get the details of peoples whose case are still in backlog centre.
3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)
P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.
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walking_dude
10-05 11:14 AM
You are most welcome to join us. Try to get a friend or two along with you.
We can do it together
I am from Auburn Hills, Date: 10/20; Location: Troy Recreation Center; Time: 10.00 am; ok to me.
Count me in...
We can do it together
I am from Auburn Hills, Date: 10/20; Location: Troy Recreation Center; Time: 10.00 am; ok to me.
Count me in...
more...
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starscream
06-20 10:58 AM
Even if big companies r ready to pay that kind of money for H1B employees - almost all the big companies - not just the tech ones - almost all depend on the body shops to provide contract labor- just think of it - banks, insurance companies, telecom, IT, utilities - take the example of just new York city - half of Wall street depend on these bodyshops for software labor - if majority of the body shops close down - this labor supply will be stifled and that will pinch the users of this labor supply - so extreme restrictions will not help the industry as a whole..eventually I think these Sanders/Durbin restrictions will be watered down - in case the bill passes the whole COngress
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sc3
09-14 11:38 AM
Oh...Comm'On you seems completely sold onto typical propaganda now.
Lets just keep the Rep and Dem propaganda lines aside. You and me are non-citizens without a vote so we can afford to be on the sideline and have an impartial opinion. Now with that attitude think about the two contenders. I liked some aspects in both, McCain seemed like a great guy with a great story (POW et al) I liked the way he initially backed CIR even though most of his party men opposed it; I liked the way he started supporting Bush when everyone else in the world is hating him and gave the support for troop increase. But of late his campaign has become sleaziest...all lies. They took one vote of Obama out of context and say that his only contribution to education is sex education in KG. They showed Obama as the reason for increasing gas prices etc. Even I can see how idiotic these claims are and McCain is still supporting them. Then his whole equation with Bush - he is using his connections for fund raising and accepting his support but publicly acts as if he is running against Bush. This whole republican propaganda machine projecting Palin as next best thing in US politics is laughable. She does not have any experience and whatever little experience she has - she seems to have abused it. Well she does look good and seems to have fired up their cadre - that is good enough for them. Of all McCain's shortcomings - his choice of VP is most horrible - its a purely political choice. Nobody is complaining about women voting her (actually none of women's organizations vote her as her extreme right wing opinions) - the problem is republicans wants people to stop thinking about ISSUES and think who is reposible for this state and think about who is better to solve them - they just want people to think about pigs, lipstick, moose, sex, kindergarten, etc and vote enmasse to Palin (note they gave up on McCain already that is why this sensationalism on a VP).
Obama side - yes he is inexperienced (and infact I liked Hillary during primaries) but atleast he is running a very honorable campaign and convention. He is atleast talking about issues. The notion that journalists are light on him so .... over ... and so primary time theme. If there is a Palin like issue on him (say he is involved in firing someone; or exaggerating facts about her opposition to bridge to nowhere; or even about family with a teen-aged pregnant daughter) the press would have been on fire just like when Rev.Wright was an issue. So dont say that press is light on him. About the race - you may not see everything open in our offices but yes his race is a main reason why he is still backward in polls if Obama with same policies and same charisma and same experience level and background is a white guy he would have run away with this election already. Whether we like it or not race is a factor and it works both ways. The thing that I dont like about Obama is the fact that dems are still didnt close this thing - the state of economy, an illogical war, an all-time low popularity of incumbent president who belong to other party - still thing is not closed. I truly think that it would have been different if Hillary is the nominee.
About whether community organization is a reason enough to become president - on the same token we can ask - whether crashing your plane in a war is reason enough to become president. Ofcourse not - both of them have enough strengths to came to this point than being onetime organizer or onetime POW. As someone in the sidelines - I like them to see to run this campaign in a honoroble way and discuss real issues rather than rake up silly/idiotic/dumb/fake issues. Both initially seemed promise in running campaigns in that way but of late McCain/palin went off the line and its slowly becoming a mug-slinging match. In that respect I started liking Obama more.
On immigration related issues - especially EB related issues - I think none of them can make a difference. We need something to be done in congress and personally I think that probability of something happening next year is very low (that is why HR5882 is so important for us - its right time and if we miss it we have to wait for another couple years maybe).
I was Dem leaning too, and I liked Hillary. But Obama has in no way been running the honorable campaign. He is using others to do his dirty job, if you think otherwise, you too have been sold on the propaganda of the left.
when obama made a sexist remark, what did the press do? Nothing. Let us see what happens if his opposition makes a even a hint of racist remark. I am sure then that the republican campaign will be pounded by every media outlet in the country.
Again, not to say I like republican ideology, I am very left leaning in my thoughts and actions. However at this time, I see that majority of the left is leaning towards Obama just for the sake of leaning towards left, and not on the merits of candidacy. And such thing is bad for everyone concerned (even the world, because like it on not, what happens in USA doesn't just stay in USA) -- Obama has already demonstrated that he is nothing but a political opportunist. His comments on Israel (I liked his statement, but not his intention) and the eventual recanting, and among many other examples, shows that he is just unqualified to be the President.
And for the records, McCain in not running for the job just based on the fact that he was shot down. He has considerable amount of experience working in the Senate and knowledge of world issues, and American issues too.
Lets just keep the Rep and Dem propaganda lines aside. You and me are non-citizens without a vote so we can afford to be on the sideline and have an impartial opinion. Now with that attitude think about the two contenders. I liked some aspects in both, McCain seemed like a great guy with a great story (POW et al) I liked the way he initially backed CIR even though most of his party men opposed it; I liked the way he started supporting Bush when everyone else in the world is hating him and gave the support for troop increase. But of late his campaign has become sleaziest...all lies. They took one vote of Obama out of context and say that his only contribution to education is sex education in KG. They showed Obama as the reason for increasing gas prices etc. Even I can see how idiotic these claims are and McCain is still supporting them. Then his whole equation with Bush - he is using his connections for fund raising and accepting his support but publicly acts as if he is running against Bush. This whole republican propaganda machine projecting Palin as next best thing in US politics is laughable. She does not have any experience and whatever little experience she has - she seems to have abused it. Well she does look good and seems to have fired up their cadre - that is good enough for them. Of all McCain's shortcomings - his choice of VP is most horrible - its a purely political choice. Nobody is complaining about women voting her (actually none of women's organizations vote her as her extreme right wing opinions) - the problem is republicans wants people to stop thinking about ISSUES and think who is reposible for this state and think about who is better to solve them - they just want people to think about pigs, lipstick, moose, sex, kindergarten, etc and vote enmasse to Palin (note they gave up on McCain already that is why this sensationalism on a VP).
Obama side - yes he is inexperienced (and infact I liked Hillary during primaries) but atleast he is running a very honorable campaign and convention. He is atleast talking about issues. The notion that journalists are light on him so .... over ... and so primary time theme. If there is a Palin like issue on him (say he is involved in firing someone; or exaggerating facts about her opposition to bridge to nowhere; or even about family with a teen-aged pregnant daughter) the press would have been on fire just like when Rev.Wright was an issue. So dont say that press is light on him. About the race - you may not see everything open in our offices but yes his race is a main reason why he is still backward in polls if Obama with same policies and same charisma and same experience level and background is a white guy he would have run away with this election already. Whether we like it or not race is a factor and it works both ways. The thing that I dont like about Obama is the fact that dems are still didnt close this thing - the state of economy, an illogical war, an all-time low popularity of incumbent president who belong to other party - still thing is not closed. I truly think that it would have been different if Hillary is the nominee.
About whether community organization is a reason enough to become president - on the same token we can ask - whether crashing your plane in a war is reason enough to become president. Ofcourse not - both of them have enough strengths to came to this point than being onetime organizer or onetime POW. As someone in the sidelines - I like them to see to run this campaign in a honoroble way and discuss real issues rather than rake up silly/idiotic/dumb/fake issues. Both initially seemed promise in running campaigns in that way but of late McCain/palin went off the line and its slowly becoming a mug-slinging match. In that respect I started liking Obama more.
On immigration related issues - especially EB related issues - I think none of them can make a difference. We need something to be done in congress and personally I think that probability of something happening next year is very low (that is why HR5882 is so important for us - its right time and if we miss it we have to wait for another couple years maybe).
I was Dem leaning too, and I liked Hillary. But Obama has in no way been running the honorable campaign. He is using others to do his dirty job, if you think otherwise, you too have been sold on the propaganda of the left.
when obama made a sexist remark, what did the press do? Nothing. Let us see what happens if his opposition makes a even a hint of racist remark. I am sure then that the republican campaign will be pounded by every media outlet in the country.
Again, not to say I like republican ideology, I am very left leaning in my thoughts and actions. However at this time, I see that majority of the left is leaning towards Obama just for the sake of leaning towards left, and not on the merits of candidacy. And such thing is bad for everyone concerned (even the world, because like it on not, what happens in USA doesn't just stay in USA) -- Obama has already demonstrated that he is nothing but a political opportunist. His comments on Israel (I liked his statement, but not his intention) and the eventual recanting, and among many other examples, shows that he is just unqualified to be the President.
And for the records, McCain in not running for the job just based on the fact that he was shot down. He has considerable amount of experience working in the Senate and knowledge of world issues, and American issues too.
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Gravitation
03-13 09:03 PM
PD is not lost if you crossed I-140 stage (got an approval) on the older application.
... and if you have a copy of that beautiful I-140.
... and if you have a copy of that beautiful I-140.
mirage
03-06 12:47 PM
I may not need to tell you this but you are dealing with most greedy, money making machine in US govt. System. This organization churned out 200K EAD last year in 1 week, just so that they don't have to issue 2 years EADs. This org. is rejecting I-485 to get $1000 MTR fees, they will not spare any chance to take money from your pocket. I would say Instead of asking them for the fee waiver and wait 3 months for their 'NO', just give them the 5K and move on...
Requesting a Fee Waiver
To qualify for a fee waiver, a requester must demonstrate that disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. Your fee waiver request should include a detailed justification to support your claim of public interest. Your justification must also include how the information will be provided and distributed to the public.
http://www.dhs.gov/xfoia/editorial_0316.shtm
Requesting a Fee Waiver
To qualify for a fee waiver, a requester must demonstrate that disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. Your fee waiver request should include a detailed justification to support your claim of public interest. Your justification must also include how the information will be provided and distributed to the public.
http://www.dhs.gov/xfoia/editorial_0316.shtm
needhelp!
02-12 04:09 PM
This is essentially what we got in July07, and this can be a great pain relief. Since it was done in July07, there is already a precedent for it?? Would it be an administrative fix then? Just a note , IV already has this as one of the things we are working to change in law, but I was wondering if it could be admin only fix.
I initially posted below text to reply another thread, but the title is not much relavant. So I decided to create a new thread here:
As a background, the pre-application of AOS (file 485 without PD being current) is mentioned in a DHS newsletter here (credit goes to kate123 for finding it).
http://www.dhs.gov/ynews/releases/pr_1233353528835.shtm
Here is the text:
Legal Immigration Benefit Backlogs. What progress has been made in reducing the significant backlogs that had developed in the adjudication of naturalization petitions and adjustment of status (green card) applications? Which regional offices still lag behind in making progress toward target processing times, and what specific steps are recommended for providing priority resources to those offices?
Please provide an assessment of information-sharing with the Department of State’s Bureau of Consular Affairs on projected adjustment caseloads, to be used by that Bureau in setting each month’s cutoff dates on waiting lists for immigration categories that are limited by a yearly quota. What steps have been taken and what further steps are recommended to make sure that the full quota of permanent immigration spaces is used each fiscal year? What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
This is a great finding I've read that page, but never noticed the Secretary of DHS specifically mentioned Pre-Application of AOS. Now that they do have this in their mind, can we start working on that? I'd love to share a few thoughts I have on it:
From the lessons we learnt from the past, the most important thing for this admin fix to fly is compromise: there must be kind of restriction for the pre-application AOS. A few examples I could think of are:
- The person has been in the country LEGALLY for more than a number of years, OR
- The PD are more than a certain number years old, OR
- I-140 has been approved, OR
- Must have MS or higher for a US college (just for argument's sake, please don't flame me).
The key is to not allow everyone to file pre-application or it'll be drown in a media storm and draw backfires. Yet it gives you a certain promise that you'll be able to file pre-application once you are here for a certain period of time, so everyone has hope and those who has suffered more would have an almost certain chance to do so.
IV core, should we work on this? This is the first time we see pre-application of AOS appears in official file and I believe it's a great opportunity.
I initially posted below text to reply another thread, but the title is not much relavant. So I decided to create a new thread here:
As a background, the pre-application of AOS (file 485 without PD being current) is mentioned in a DHS newsletter here (credit goes to kate123 for finding it).
http://www.dhs.gov/ynews/releases/pr_1233353528835.shtm
Here is the text:
Legal Immigration Benefit Backlogs. What progress has been made in reducing the significant backlogs that had developed in the adjudication of naturalization petitions and adjustment of status (green card) applications? Which regional offices still lag behind in making progress toward target processing times, and what specific steps are recommended for providing priority resources to those offices?
Please provide an assessment of information-sharing with the Department of State’s Bureau of Consular Affairs on projected adjustment caseloads, to be used by that Bureau in setting each month’s cutoff dates on waiting lists for immigration categories that are limited by a yearly quota. What steps have been taken and what further steps are recommended to make sure that the full quota of permanent immigration spaces is used each fiscal year? What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
This is a great finding I've read that page, but never noticed the Secretary of DHS specifically mentioned Pre-Application of AOS. Now that they do have this in their mind, can we start working on that? I'd love to share a few thoughts I have on it:
From the lessons we learnt from the past, the most important thing for this admin fix to fly is compromise: there must be kind of restriction for the pre-application AOS. A few examples I could think of are:
- The person has been in the country LEGALLY for more than a number of years, OR
- The PD are more than a certain number years old, OR
- I-140 has been approved, OR
- Must have MS or higher for a US college (just for argument's sake, please don't flame me).
The key is to not allow everyone to file pre-application or it'll be drown in a media storm and draw backfires. Yet it gives you a certain promise that you'll be able to file pre-application once you are here for a certain period of time, so everyone has hope and those who has suffered more would have an almost certain chance to do so.
IV core, should we work on this? This is the first time we see pre-application of AOS appears in official file and I believe it's a great opportunity.
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