franklin
09-27 01:46 PM
Speed of approval is not the problem. The NUMBERS are the problem. We saw that in June when so many ppl got approved.
To me "SKILLED & DIVERSITY" doesn�t make any sense. They should not go hand in hand.
That is actually not true. Approval will not become quicker if speed is not improved.
The ONLY reason there were a LOT of approvals in May through Sept was that there was a sudden jump in PDs that allowed a LOT of people whose applications had been approved pending visa availability could finally be assigned a number. USCIS didn't all of a sudden dramatically increase their productivity, there were just a lot of people waiting for that number.
Of course, Numbers matters too - but more numbers without extra speed will get us nowhere. If that were to happen, there would just be more visas wasted each year that we'd be asking for recapture
But I do agree that "skilled and diversity" makes no sense.
To me "SKILLED & DIVERSITY" doesn�t make any sense. They should not go hand in hand.
That is actually not true. Approval will not become quicker if speed is not improved.
The ONLY reason there were a LOT of approvals in May through Sept was that there was a sudden jump in PDs that allowed a LOT of people whose applications had been approved pending visa availability could finally be assigned a number. USCIS didn't all of a sudden dramatically increase their productivity, there were just a lot of people waiting for that number.
Of course, Numbers matters too - but more numbers without extra speed will get us nowhere. If that were to happen, there would just be more visas wasted each year that we'd be asking for recapture
But I do agree that "skilled and diversity" makes no sense.
/98-Fashion-Wallpaper-354.jpg "Home gt; Fashion gt; Wallpapers")
m306m
04-28 11:48 AM
I will contribute $50 for every $10000 collected.
So $50 for $10000, $50 for $20000, $50 for $30000, $50 for $40000 and $50 for $50000.
So $50 for $10000, $50 for $20000, $50 for $30000, $50 for $40000 and $50 for $50000.
mbartosik
09-25 11:23 AM
I have used Fragomen in two different situations...
1) Contracted by my employer. This was frustrating from my perspective. I felt a little like an object, mostly dealt with paralegals.
2) Contracted by me. This was much better, I could call the attorneys up anytime, and get an answer when I needed it. Had excellent relationship with paralegals.
These were two different departments.
I do think that I suffered from some less than optimal advice, filed EB3 when EB2 would have been better. That was in 2002 when EB3 EB2 EB1 for all was current. EB2 was a tougher sell to Dept Labor, but I think would have worked, attorney didn't want to risk, and wasn't sure if a downgrade would be offered if EB2 failed.
One thing was consistent.... expensive.
I all but begged them to send out an email to clients referencing DC rally.
I have raised the idea with core of adding a field(s) to profile giving attorneys name/address. If we have a lot of members with Fragomen, maybe we could write a group letter asking them to send out a mass email to other clients.
So please be civil in these public forums.
1) Contracted by my employer. This was frustrating from my perspective. I felt a little like an object, mostly dealt with paralegals.
2) Contracted by me. This was much better, I could call the attorneys up anytime, and get an answer when I needed it. Had excellent relationship with paralegals.
These were two different departments.
I do think that I suffered from some less than optimal advice, filed EB3 when EB2 would have been better. That was in 2002 when EB3 EB2 EB1 for all was current. EB2 was a tougher sell to Dept Labor, but I think would have worked, attorney didn't want to risk, and wasn't sure if a downgrade would be offered if EB2 failed.
One thing was consistent.... expensive.
I all but begged them to send out an email to clients referencing DC rally.
I have raised the idea with core of adding a field(s) to profile giving attorneys name/address. If we have a lot of members with Fragomen, maybe we could write a group letter asking them to send out a mass email to other clients.
So please be civil in these public forums.
sugaur
05-21 06:17 PM
Twenty minutes left...make your donations count for more!
more...
pappu
05-24 01:24 PM
DescriptionUnit priceQtyAmount
Donation to Support Immigration Voice (User: aruny5)
$100.00 USD1$100.00 USD
Insurance:$0.00 USD
Total: $100.00 USD
Receipt No: 5471-3470-1608-2798
Thank you aruny5
Donation to Support Immigration Voice (User: aruny5)
$100.00 USD1$100.00 USD
Insurance:$0.00 USD
Total: $100.00 USD
Receipt No: 5471-3470-1608-2798
Thank you aruny5
Macaca
09-12 02:56 PM
It's always
too early
to quit
Norman Vincent Peale
too early
to quit
Norman Vincent Peale
more...
rklscp
05-21 08:14 PM
Really an interesting issue to talk about. I came to this site via google search. I am in the same boat. I am living in country for 14 years (F1 and now H1) with SSN. My wife never worked here; so she has H4. We have a daughter born here with SSN. We could not get this "stimulus rebate" because we filed "married filing jointly". I understand from IRS site that if you filed "married filing separately" you would get the benefit and you can later on amend your filing as "married filing jointly" (04/14/08). This may be beneficial if you "itemize" your deductions. You will still qualify for excemptions. But, if you do not itemize your deductions, your standard deduction will be halved if you file "married filing separately".
We filed married filing joingly and received our tax returns and no stimulus rebate. Can we re-file our tax return by filing separately this year (i.e. extension/amendment within 3 months?) Has anyone done this? Please let me know.
I would love to a part of any legal battle to raise our concern. Please keep us posted. I plan to check this site regularly. Also, please keep us updated with getting SSN for H4 visa holders.
We filed married filing joingly and received our tax returns and no stimulus rebate. Can we re-file our tax return by filing separately this year (i.e. extension/amendment within 3 months?) Has anyone done this? Please let me know.
I would love to a part of any legal battle to raise our concern. Please keep us posted. I plan to check this site regularly. Also, please keep us updated with getting SSN for H4 visa holders.
walking_dude
10-14 10:18 AM
There was a Telecon held yesterday night ( 9:00 pm - 10:30 pm) on establishment of new state chapters. Some core members as well as some veteran State Chapter leaders participated along with us greenhorns (newbies). Me, Chintu25 and CagedCactus participated from Michigan. Regretfully since it was a last moment decision , more members couldn't be invited to participate.
I was active in the Telecon almost to the last (I hope). It was highly educative and informational to listen to the IV Core perspective on State Chapters. Veterans also pitched in with their experience in organizing their chapters (some super secret recipes were revealed :)). Some chapter leaders for new chapters also introduced some really great ideas. To the end, I started bombarding the core with lots of questions, and they were patient in answering all of those ( b/n 10-10:30 pm!).
Unfortunately these matters cannot be discussed in the public forum, here, as we are monitored by Anti-Immigrants. Ditto for E-mails and PMs, as we have no way of verifying the authenticity of the other person. So please don't feel offended if your PMs and E-mail inquiries remain unanswered!
ONLY way to get acquainted with the 'inside news' is to participate in the 10/20 meeting, details of which are published below. Be there if you wish to remain in the know.
I was active in the Telecon almost to the last (I hope). It was highly educative and informational to listen to the IV Core perspective on State Chapters. Veterans also pitched in with their experience in organizing their chapters (some super secret recipes were revealed :)). Some chapter leaders for new chapters also introduced some really great ideas. To the end, I started bombarding the core with lots of questions, and they were patient in answering all of those ( b/n 10-10:30 pm!).
Unfortunately these matters cannot be discussed in the public forum, here, as we are monitored by Anti-Immigrants. Ditto for E-mails and PMs, as we have no way of verifying the authenticity of the other person. So please don't feel offended if your PMs and E-mail inquiries remain unanswered!
ONLY way to get acquainted with the 'inside news' is to participate in the 10/20 meeting, details of which are published below. Be there if you wish to remain in the know.
more...
perm2gc
07-28 05:25 PM
It seems that more H4's want to work in the country which they have entered as dependents and many want to compare it with other countries but did you think what made you to bring to this country other than going to those countries.You want the immigration system to change according to you rather than you changing.If you are so frustated with the system and country better to pack the bags.This country Didn't invite you and promise you.!!!!!
No Hard Feelings..Its Reality...
No Hard Feelings..Its Reality...
Robert Kumar
03-28 06:41 AM
Yeah me too, in 2005 a company wanted to apply for me in EB3, though I was qualified for EB2. I didn't feel it was right to apply in EB3, unless you were a fresher.
I quit and joined an Wall street company in 2007, who finally applied in the right category
.
I can understand waiting for a year or 2. So you probably missed the July 2007 bus.
What can we all do to get out of this mess. We need some mass campaign addressing specific issues and an agile process where things happen every month. We need action.
I quit and joined an Wall street company in 2007, who finally applied in the right category
.
I can understand waiting for a year or 2. So you probably missed the July 2007 bus.
What can we all do to get out of this mess. We need some mass campaign addressing specific issues and an agile process where things happen every month. We need action.
more...
H4_losing_hope
02-29 02:52 PM
Thank you to the people who are still sending their letters in today, they all count and we all appreciate your efforts. Let's do this IV, pull as many as you can today!
GO IV!
GO IV!
satyasaich
02-12 10:29 PM
I don't know what the hell you are up to or you are expecting from IV? Remember they are just like you and me, feeling the pain of broken system. BUT, there is a difference
They stood up bravely to spread the word about all of us. Earlier no one in the capital hill spread the word for persons like you and me.
simple political equation why we (means IV) should also change the strategy. Need to work with someone much closer to Dem. Party and inner circles. I hope you are well educated enough to understand these kind of things. If not atleast do the following favour.
Send a PM to me and we WILL talk.
I'm not a core member,but a member though.
Hence i feel i also have responsibility to CLEAR some of your concerns and will do my best.
I'm a proud supporter of IV and will be.Kindly don't ever make bold statements. Your life is yours, but IV deserve some respect.
-------------------------------
Contributed so far more than $500
Signed up for recurring contribution of $50/Month
Introduced atleast 14 members so far.
ok, i am beginning to lose confidence now... first no i-485 relief and now wait till CIR>.....last year, CIR turned out to be a big circus....i hope this time something productive happens....
why are we changing lobbying firm? what do you mean it is a strategic decision?
are we dissatisfied with our lobbying firm? pm me if you can post on public forum..
but we need answers....this leadership is going nowhere now......
They stood up bravely to spread the word about all of us. Earlier no one in the capital hill spread the word for persons like you and me.
simple political equation why we (means IV) should also change the strategy. Need to work with someone much closer to Dem. Party and inner circles. I hope you are well educated enough to understand these kind of things. If not atleast do the following favour.
Send a PM to me and we WILL talk.
I'm not a core member,but a member though.
Hence i feel i also have responsibility to CLEAR some of your concerns and will do my best.
I'm a proud supporter of IV and will be.Kindly don't ever make bold statements. Your life is yours, but IV deserve some respect.
-------------------------------
Contributed so far more than $500
Signed up for recurring contribution of $50/Month
Introduced atleast 14 members so far.
ok, i am beginning to lose confidence now... first no i-485 relief and now wait till CIR>.....last year, CIR turned out to be a big circus....i hope this time something productive happens....
why are we changing lobbying firm? what do you mean it is a strategic decision?
are we dissatisfied with our lobbying firm? pm me if you can post on public forum..
but we need answers....this leadership is going nowhere now......
more...
eyeswe
06-14 09:36 AM
I am not on AF payroll, so please don't use your choicest abuse on me if it seems like I may be defending their actions a bit here. What I really want to do is give my experience with AI and the facts that comes sout of it and see if you would agree something similar could have happend with our fellow citizens on AF.
I was travelling on AI ORD-MUM via FKFT. Similar to what happend at CDG airport, just minutes before my plane was about to land at FKFT, the right engine shut off and at FKFT airport, it was reported that a mechanic from London etc will have to fix it. After 3 hrs it was reported that it cannot be fixed and a new plane from somewhere in Europe will have to come and carry us to Mumbai. In the meantime they gave us coffee and fruits. Old and people who were less able got some blankets etc to lay down, but in general, mist of them were just loitering inthe airport. AFter 5 hrs or so, all US passport holders (and of course EU) were told, they could go out and stay at a hotel and come back next morning, which would be the earliest the plane would take off. All the Indian passport holders were told,we could not go out due to visa restrictions. But AI started negotioations with the Polecie of Germany to see if we could get some type of temp visa. 12 hours after the start of the ordeal AI was able to obtain a group visa for us at midnight from the German Policei. Note that most of the admisnistartive work to get the visa was really managed by the Indian passengers themselves. Ther was probably 1 AI personnel to do/direct some of the things, but after a while the polecie started talking surectly to us on next steps.. All through this we went to have 3 scerurity checks at different points in the airport. We were put in the same hotel ( as swanky Marriott in heart of FKFT) as the US/WU citizens. We spend the next 36 hrs(yea, there was no plane from Europe to carry us) in the hotel before we got a plane from Mumbai to take us back.
So putting all this in context, I was happy that AI did help us when the situation was dire.with hotels and food etc. But they cannot help you with the Visa situation. I am assuming that it was the same predicament for AF. I agree not treating the pasengers well in terms of politeness, food , temporary lounge etc is not an excuse, esp at CDG which is AF's home.
I was travelling on AI ORD-MUM via FKFT. Similar to what happend at CDG airport, just minutes before my plane was about to land at FKFT, the right engine shut off and at FKFT airport, it was reported that a mechanic from London etc will have to fix it. After 3 hrs it was reported that it cannot be fixed and a new plane from somewhere in Europe will have to come and carry us to Mumbai. In the meantime they gave us coffee and fruits. Old and people who were less able got some blankets etc to lay down, but in general, mist of them were just loitering inthe airport. AFter 5 hrs or so, all US passport holders (and of course EU) were told, they could go out and stay at a hotel and come back next morning, which would be the earliest the plane would take off. All the Indian passport holders were told,we could not go out due to visa restrictions. But AI started negotioations with the Polecie of Germany to see if we could get some type of temp visa. 12 hours after the start of the ordeal AI was able to obtain a group visa for us at midnight from the German Policei. Note that most of the admisnistartive work to get the visa was really managed by the Indian passengers themselves. Ther was probably 1 AI personnel to do/direct some of the things, but after a while the polecie started talking surectly to us on next steps.. All through this we went to have 3 scerurity checks at different points in the airport. We were put in the same hotel ( as swanky Marriott in heart of FKFT) as the US/WU citizens. We spend the next 36 hrs(yea, there was no plane from Europe to carry us) in the hotel before we got a plane from Mumbai to take us back.
So putting all this in context, I was happy that AI did help us when the situation was dire.with hotels and food etc. But they cannot help you with the Visa situation. I am assuming that it was the same predicament for AF. I agree not treating the pasengers well in terms of politeness, food , temporary lounge etc is not an excuse, esp at CDG which is AF's home.
snakesrocks
05-14 08:38 AM
I just found out that I will not be getting the stimulus as my wife is cannot get a SSN. In addition, we will not be getting stimulus amount for our American born daughter.
We have been here for a year and a half and while there are some benefits to being in America, my wife and I are trying hard to understand why we moved here from Canada (saving taxes is no benefit when compared to having to deal with ignorance all around). My being here is benefiting an American company (which did not have the expertise that I brought to them and this country) and thereby this country.
If I were to leave the company, a number of people would lose their jobs and I would take my expertise somewhere else.....
Is it true that almost everything done in America is poorly planned and lacks foresight and common sense? Our experience here to date is giving us this impression.....
I would be interested in joining with others against the IDIOTS who don't understand who is benefitting this country.
I totally agree with you. I came from Canada too and my wife went to college here, got her nursing degree and RN. Not able to file for GC because of the mess. She is working in an industry which has high demand and lack of people. Health care will be worst for those American baby boomers. Waiting for my kids to go to college ( 4 more years ) and move back to Canada.
Came to USA only for kids higher education.
Anyone interested in joining the group to get SSN for the ITIN holders?
We have been here for a year and a half and while there are some benefits to being in America, my wife and I are trying hard to understand why we moved here from Canada (saving taxes is no benefit when compared to having to deal with ignorance all around). My being here is benefiting an American company (which did not have the expertise that I brought to them and this country) and thereby this country.
If I were to leave the company, a number of people would lose their jobs and I would take my expertise somewhere else.....
Is it true that almost everything done in America is poorly planned and lacks foresight and common sense? Our experience here to date is giving us this impression.....
I would be interested in joining with others against the IDIOTS who don't understand who is benefitting this country.
I totally agree with you. I came from Canada too and my wife went to college here, got her nursing degree and RN. Not able to file for GC because of the mess. She is working in an industry which has high demand and lack of people. Health care will be worst for those American baby boomers. Waiting for my kids to go to college ( 4 more years ) and move back to Canada.
Came to USA only for kids higher education.
Anyone interested in joining the group to get SSN for the ITIN holders?
more...
chantu
06-28 06:08 PM
For I-485 pending you must give A#.
But I am going to write in Q.15..current immi status as H1-B for me and AOS for my wife. I can understand writing A# for my wife. But for me also is it A# or it should be I94#?
But I am going to write in Q.15..current immi status as H1-B for me and AOS for my wife. I can understand writing A# for my wife. But for me also is it A# or it should be I94#?
krishmunn
05-21 09:56 AM
Sorry I will be out of country on those dates but here is my support for this --
$100
Receipt ID: 0024-6091-9262-6521
$100
Receipt ID: 0024-6091-9262-6521
more...
bestin
10-15 07:02 PM
Guys,
We also need to make the public aware what we contribute to the society.Not only our jobs,but also how we contribute to ssn,work without unemployment benefits (when compared to citizens),how much taxes we pay,etcs tatus of h4 dependents without driving licence and with all these stress we also do our job with a smile isnt?WE DEFINITELY NEED TO OVERCOME THE PUBLIC OPINION THAT WE ARE JUST HERE TO TAKEAWAY JOBS.
Rather than mentioning it as our right,we need to make people aware of how we contribute and why we deserve a green card.;)
My 2 cents.
BTB,nice taking to u over phone WD.
We also need to make the public aware what we contribute to the society.Not only our jobs,but also how we contribute to ssn,work without unemployment benefits (when compared to citizens),how much taxes we pay,etcs tatus of h4 dependents without driving licence and with all these stress we also do our job with a smile isnt?WE DEFINITELY NEED TO OVERCOME THE PUBLIC OPINION THAT WE ARE JUST HERE TO TAKEAWAY JOBS.
Rather than mentioning it as our right,we need to make people aware of how we contribute and why we deserve a green card.;)
My 2 cents.
BTB,nice taking to u over phone WD.
lonedesi
06-13 01:06 PM
But will the duration he was with company B while the petiton was pending with USCIS be considered as out-of-status if he returns to company A now? Also his H1b for company A expired while he was away at company B. Will his petition now be considered a transfer back to company A or will it be considered as a new H1 as it had expired few months back?
sunny1000
09-21 11:14 PM
I didn't attended because recently I had a new boss and he was monitoring my daily schedule and being in H1b and coming so close to filing I-485, I was just waiting for my EAD or I-485 cheques to get encashed. On 21st Sep, they got encashed. Now I am bold enough to take a day or two as vacation and attend rally if organized in eastern part.
I did paid 50% travel cost to one of our member from CA.
Sorry for not attending this time, will do it next time.
hello all, could not attend due to work schedule and a baby due any minute!! but am contibuting monthly and sponsored a student from houston. way to go iv amazing effort!!!
I was 100% determined in the beginning to attend the rally, but could not for the following reasons.
1> I was in Dallas and family in SoCal for last 9 months(from Dec 2006 to be precise). I used to meet my family every other weekend. Was trying very hard to find a project in Socal, and finally I got one where joining date was Spet 13th. I could not dare to ask for leave in the very first week. To tell you the truth it took so long b'cos of H1 status, everybody wants me to transfer my H1 or they are looking only for GC/EAD holders. Hoping to get EAD soon.
2> My husband was planning to attend but somewhere in Aug last week we got FP notices and date is Sept 18th. The FP letter clearly mentioned that postponing might cause delays so we decided that he also has to drop the idea.
Of course we contributed towards the rally.
I am very proud to be part of such excellent grass root organization and now since I am in Irvine I can be active in Socal chapter.
Also we are eager to join in the next rally and have total faith in IV leadership
IN WHATEVER YOU DO DO IT WITH YOUR HEART - FOLLOW YOUR HEART
ANYTHING THAT IS DONE FROM THE HEART WILL PRODUCE RESULTS.
ONE MEMBER I KNOW FROM NY CHAPTER IS IN PATHETIC SITUATION - JUST GOT LAYED OFF, HIS COMPANY REVOKED HIS i 140 AND HE IS BACK TO SQUARE 1 ON GC PROCESS AFTER 5 YEARS, HE HAS BEEN LOOKING FOR JOBS ON A WAR FOOTING BASIS AND AT THE SAME TIME CAME TO ALL NY CHAPTER MEETINGS AND DISTRIBUTED FLYERS, ALSO HOPPED ONTO THE BUS AND ATTENDED THE RALLY. HE IS A REAL HERO AND I AM SURE SOMETHING EXCELLENT WILL HAPPEN TO HIM
NONE OF THE EXCUSES HERE SEEM GENUINE EXCEPT THOSE IN WEST COAST WHERE IT IS DIFFICULT TO TRAVEL
Above excuses seem perfectly genuine to me. I had a court hearing myself. I applaud your friend's sincerity in attending the rally and I also applaud everyone who attended for that matter. But, IMHO, you were too quick to judge/question other people's genuineness.
I did paid 50% travel cost to one of our member from CA.
Sorry for not attending this time, will do it next time.
hello all, could not attend due to work schedule and a baby due any minute!! but am contibuting monthly and sponsored a student from houston. way to go iv amazing effort!!!
I was 100% determined in the beginning to attend the rally, but could not for the following reasons.
1> I was in Dallas and family in SoCal for last 9 months(from Dec 2006 to be precise). I used to meet my family every other weekend. Was trying very hard to find a project in Socal, and finally I got one where joining date was Spet 13th. I could not dare to ask for leave in the very first week. To tell you the truth it took so long b'cos of H1 status, everybody wants me to transfer my H1 or they are looking only for GC/EAD holders. Hoping to get EAD soon.
2> My husband was planning to attend but somewhere in Aug last week we got FP notices and date is Sept 18th. The FP letter clearly mentioned that postponing might cause delays so we decided that he also has to drop the idea.
Of course we contributed towards the rally.
I am very proud to be part of such excellent grass root organization and now since I am in Irvine I can be active in Socal chapter.
Also we are eager to join in the next rally and have total faith in IV leadership
IN WHATEVER YOU DO DO IT WITH YOUR HEART - FOLLOW YOUR HEART
ANYTHING THAT IS DONE FROM THE HEART WILL PRODUCE RESULTS.
ONE MEMBER I KNOW FROM NY CHAPTER IS IN PATHETIC SITUATION - JUST GOT LAYED OFF, HIS COMPANY REVOKED HIS i 140 AND HE IS BACK TO SQUARE 1 ON GC PROCESS AFTER 5 YEARS, HE HAS BEEN LOOKING FOR JOBS ON A WAR FOOTING BASIS AND AT THE SAME TIME CAME TO ALL NY CHAPTER MEETINGS AND DISTRIBUTED FLYERS, ALSO HOPPED ONTO THE BUS AND ATTENDED THE RALLY. HE IS A REAL HERO AND I AM SURE SOMETHING EXCELLENT WILL HAPPEN TO HIM
NONE OF THE EXCUSES HERE SEEM GENUINE EXCEPT THOSE IN WEST COAST WHERE IT IS DIFFICULT TO TRAVEL
Above excuses seem perfectly genuine to me. I had a court hearing myself. I applaud your friend's sincerity in attending the rally and I also applaud everyone who attended for that matter. But, IMHO, you were too quick to judge/question other people's genuineness.
kate123
02-25 01:53 PM
desi3933,
I completely agree what you said and what is interpreted in the law.
BUT if they really go by law , JULY 2007 fiasco SHOULD never happen.
If you see my earlier post, author has clearly mentioned that "USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin."
Please refer paragraph 8 from:
http://www.ilw.com/articles/2009,0225-endelman.shtm
Well, again its up to CIS how they interpret the law... Atleast if we request them to allow pre filing they might go easy on this and allow us to file for AOS.
Thanks a lot
-Kiran :)
Read again
(3) an immigrant visa is immediately available to him at the time his application is filed.
Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).
If you still have doubt, talk to your attorney and post here what he/she told you.
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
I completely agree what you said and what is interpreted in the law.
BUT if they really go by law , JULY 2007 fiasco SHOULD never happen.
If you see my earlier post, author has clearly mentioned that "USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin."
Please refer paragraph 8 from:
http://www.ilw.com/articles/2009,0225-endelman.shtm
Well, again its up to CIS how they interpret the law... Atleast if we request them to allow pre filing they might go easy on this and allow us to file for AOS.
Thanks a lot
-Kiran :)
Read again
(3) an immigrant visa is immediately available to him at the time his application is filed.
Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).
If you still have doubt, talk to your attorney and post here what he/she told you.
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
ujjwal_p
02-15 02:14 AM
USCIS does not work for you or me but sure you can go and ask them for prefiling AOS but not to issue RFE for same job requirement condition and other haressing rfe. how can you say we cannot ask USCIS not to raise RFE for irrelevant stuff,I guess you are ok with all the RFE that are being issued by USCIS on h1 holders currently.
Hydboy I agree with your earlier statement about AC21 issues. However you have not shared any data. Also like I mentioned that it's always the ones who've had negative experience who'll be more vocal. I think Kiran has provided an excellent set of advantages, foremost being the ability to use AC21. It's also interesting to see you say the following :
You and all the people who missed out on July fiasco obviously want to file AOS and get EAD at any cost (i understand and support that ) but what about us who have been here for 5 to 10 years and took us multiple years of wait to file AOS and get EAD. "
This dilutes your arguments in my opinion. Anyway, let me provide you with a counter point. Assume for a moment that an administrative fix does come through for pre-applying AOS. This will cause an increase in 485 applications again and correspondingly more people using AC21. I believe that if there is a definite USCIS pattern to wrongly denying AC21 then with a large volume of people being disaffected by it, there will also be a bigger chance that it will fixed. So in the end this should be helpful to everyone and not just people who missed July 07. Please note though that this is a if, since we haven't seen any solid data yet to corroborate this.
Hydboy I agree with your earlier statement about AC21 issues. However you have not shared any data. Also like I mentioned that it's always the ones who've had negative experience who'll be more vocal. I think Kiran has provided an excellent set of advantages, foremost being the ability to use AC21. It's also interesting to see you say the following :
You and all the people who missed out on July fiasco obviously want to file AOS and get EAD at any cost (i understand and support that ) but what about us who have been here for 5 to 10 years and took us multiple years of wait to file AOS and get EAD. "
This dilutes your arguments in my opinion. Anyway, let me provide you with a counter point. Assume for a moment that an administrative fix does come through for pre-applying AOS. This will cause an increase in 485 applications again and correspondingly more people using AC21. I believe that if there is a definite USCIS pattern to wrongly denying AC21 then with a large volume of people being disaffected by it, there will also be a bigger chance that it will fixed. So in the end this should be helpful to everyone and not just people who missed July 07. Please note though that this is a if, since we haven't seen any solid data yet to corroborate this.
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