Ramba
02-25 04:22 PM
The concept of pre-approval/pre-adjudication have been practiced by USCIS since 2005. Though, it is not in their law or SOP or regulations, they are practicing now and before for ease of operation in processing the 485s. As per their current official rule, if a visa number is not immediatly available, the 485 shoul be kept in abayance (not to be processed) till VN again available. But practically it is not possible for them to follow. For example, suddenly, if DOS releases 60,000 visas in a month (like july 07 fiasco), they can not process and approve 60,000 485s in a month, if they keep those files in abayance. I think, they are still processing and pre-approving the 485s during retrogression. The concept of pre-approval in a silent internal procedure. They may pre-approve all the cases. However, they always has a right to check the applicant's eligibility for the approval of 485 at the date of approval of 485. One can not expect them not to send RFE/NOID after it is pre-approved. Unless the law changes drasticlly, it is not a easily achaivable benefit to introduce new immigrat status "pre-approved adjustment cases"for long waiting 485 folks. They clearly argue that benefit of AC21,EAD and AP itseltf a great benefit for 485 folks. There are only 3 immigrant catagory in the law. 1. Non-immingarts 2. Immigrants and 3. Pending to adjust status. Pending to adjust status it self a fluid temporary status as the stay in this status is autorized by attorney genreral. It is not a visa status like H1B or green card. In order to bring a new catagory in this status, I think they need to change the INA.
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enthu999
04-13 02:33 AM
Hi
We don't want to create more divisions based on how they got in to queue for GC. As a matter of fact, my company filed I-140 based on a old labor, where the skills were matching exactly and the previous person left the company. The company that I work in has 8500 employees, I was not even aware that they filed premium for I-140. I did not have to pay dime for all the process.
Pls remember filing substitution labor was legal back then.
However, USCIS removed this provision in 2007 and the discussion ends there.
When you compare all other issues that are the root causes for the retrogression, we are spending the time and energy on some thing that would not help any one.
Thanks,
We don't want to create more divisions based on how they got in to queue for GC. As a matter of fact, my company filed I-140 based on a old labor, where the skills were matching exactly and the previous person left the company. The company that I work in has 8500 employees, I was not even aware that they filed premium for I-140. I did not have to pay dime for all the process.
Pls remember filing substitution labor was legal back then.
However, USCIS removed this provision in 2007 and the discussion ends there.
When you compare all other issues that are the root causes for the retrogression, we are spending the time and energy on some thing that would not help any one.
Thanks,
walking_dude
11-28 03:10 PM
Major legislative and executive actions lie ahead. (http://immigrationvoice.org/forum/showthread.php?t=15745)
IV needs funds to run these campaigns. Be a regular monthly contributor like me ( $50 per month). Or contribute $100 one-time for the IV cause.
If you cannot contribute $100, you can still contribute. Send your contributions to IV through PayPal by using e-mail id - donations AT immigrationvoice.org
IV needs funds to run these campaigns. Be a regular monthly contributor like me ( $50 per month). Or contribute $100 one-time for the IV cause.
If you cannot contribute $100, you can still contribute. Send your contributions to IV through PayPal by using e-mail id - donations AT immigrationvoice.org
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rajuseattle
04-11 07:02 PM
USCIS do have some checks and balances for the subst labor cases, so its not a staright approvals for the lab subst cases. their might be a possibility few lucky ones get off the hook, but overall USCIS can weed out the dubious/fraudulent employer petitions.
Sub labor is not the only reason guys, its just the country cap which is limiting india EB-3 and EB-2. Most of the H1Bs like us coming to us ends up applying for GC, now look at the number of H1Bs coming each year from india and the total number of GCs available for india. Their is a huge gap in these numbers, so unless they remove the country cap or recaptured unused VISA numbers from the past years, we dont see any relief.
Please donate to IV and help lobbying for the admin fixes or the laws which going to help us in the long run.
Sub labor is not the only reason guys, its just the country cap which is limiting india EB-3 and EB-2. Most of the H1Bs like us coming to us ends up applying for GC, now look at the number of H1Bs coming each year from india and the total number of GCs available for india. Their is a huge gap in these numbers, so unless they remove the country cap or recaptured unused VISA numbers from the past years, we dont see any relief.
Please donate to IV and help lobbying for the admin fixes or the laws which going to help us in the long run.
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Redeye
07-10 10:37 PM
I know I will get red dots for this since you are super moderator, but again IV is a free speech based org, I am a Masters (advanced education) from a very prestigious US university with full scholarship with 4.0 GPA and in EB3 employment category. Eduation and EB catergory are two different things, one would think that would be clear by now.
it goes deeper than that. first let me point out that this is philosophical- you argument is not about law, it's about a point of view.
so if i ask you why EB2 filers should spend extra years getting educated and never getting this all important magic "PD" and then get in line behind someone who got a job the day they entered the country- and got a PD soon enough- what would you say?
ask me. it took me 11 years to get a PD. why? for 7 of those years i was getting my advanced education. so why should i suffer behind the 3 year Indian degree person (against my 7 years there as well) who came in 5 years after me and filed right away?
there are reasons why the EB priorities were set up. by simply extending your logic EB1 should also wait for a turn and not have priority. what's good for the goose....
having said that, it is absolutely insane to ask people to wait indefinitely and we must do something about it.
today the EB3 folks (and I have nothing against them, their waits are insane- and it's absolutely not right) are porting to EB2 with those bachelors degrees and 5 years experience. and just because they could APPLY for a GC earlier and all their years get counted in the PD, they keep lining up ahead of me. why do all my years count for NOTHING?
please spare us "fortunate" EB2s a thought too. think of when in life our careers are finally freed from waiting for a GC.
and now please concentrate on ways to end retrogression and stop the EB2 vs EB3 crap. we all have our problems.
it goes deeper than that. first let me point out that this is philosophical- you argument is not about law, it's about a point of view.
so if i ask you why EB2 filers should spend extra years getting educated and never getting this all important magic "PD" and then get in line behind someone who got a job the day they entered the country- and got a PD soon enough- what would you say?
ask me. it took me 11 years to get a PD. why? for 7 of those years i was getting my advanced education. so why should i suffer behind the 3 year Indian degree person (against my 7 years there as well) who came in 5 years after me and filed right away?
there are reasons why the EB priorities were set up. by simply extending your logic EB1 should also wait for a turn and not have priority. what's good for the goose....
having said that, it is absolutely insane to ask people to wait indefinitely and we must do something about it.
today the EB3 folks (and I have nothing against them, their waits are insane- and it's absolutely not right) are porting to EB2 with those bachelors degrees and 5 years experience. and just because they could APPLY for a GC earlier and all their years get counted in the PD, they keep lining up ahead of me. why do all my years count for NOTHING?
please spare us "fortunate" EB2s a thought too. think of when in life our careers are finally freed from waiting for a GC.
and now please concentrate on ways to end retrogression and stop the EB2 vs EB3 crap. we all have our problems.
pritesh80
05-16 11:04 AM
Received receipt notice on 30/04/2007 which mentioned RFE mailed on 30/04/2007, however till date the lawyers have received nothing, does it take that long for the RFE to reach the lawyers??? its already been 13 days...Please respond...
I am having a similar issue. They have mentioned that RFE mailed on 05/04/2007 (4th May). I still havent recieved any letter from them. Anyone else in my shoes?
I am having a similar issue. They have mentioned that RFE mailed on 05/04/2007 (4th May). I still havent recieved any letter from them. Anyone else in my shoes?
more...
dudes2006
10-06 04:37 PM
Here is my situation:
My daughter doesn't have last name in her passport. As I understand last name can be added to her passport at Indian consultate. Now how can we change her name in all USCIS documents - 485, AP,H4 visa. Do we need to have US court order for changing name with USCIS as mentioned by someone ?
Please share your experiences if someone have changed name with USCIS and how would that process work ? Does it need to be done by attorney or can we do it ourselves ?
Thanks,
My daughter doesn't have last name in her passport. As I understand last name can be added to her passport at Indian consultate. Now how can we change her name in all USCIS documents - 485, AP,H4 visa. Do we need to have US court order for changing name with USCIS as mentioned by someone ?
Please share your experiences if someone have changed name with USCIS and how would that process work ? Does it need to be done by attorney or can we do it ourselves ?
Thanks,
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santb1975
11-28 07:52 PM
Thankyou so much
contributed $100...
thanx
contributed $100...
thanx
more...
vphope
03-08 02:24 PM
Please provide the link please..
Just curious, within how much time is the FOIA info expected? :)
Just curious, within how much time is the FOIA info expected? :)
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masala dosa
04-12 05:19 PM
Can the members get a sanitized version of the highy skilled IV members stories?
?
Cheers
?
Cheers
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ganguteli
02-25 11:33 AM
Is IV only for those who have filed I485?
I gave my opinion and people gave me lot of reds. There is a majority here who already have EAD and have filed I485. You people do not care for those who are less fortunate and struggling in the early stages of the process. If July 07 had not happened, all of you would be asking for I485 filing option today.
By giving reds to people who disagree you will drive people away and make IV only for those who have filed I485 and not for the entire EB immigration people.
I gave my opinion and people gave me lot of reds. There is a majority here who already have EAD and have filed I485. You people do not care for those who are less fortunate and struggling in the early stages of the process. If July 07 had not happened, all of you would be asking for I485 filing option today.
By giving reds to people who disagree you will drive people away and make IV only for those who have filed I485 and not for the entire EB immigration people.
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copsmart
11-12 09:47 PM
Thunderbolt,
I am glad you finally did the right thing for you and your beloved baby.
I hope you get out of the case with less or no damage to your immigrant status.
Sorry, I was so harsh on my other message, in insbaby�s own words: �threatening�.
Take care and good luck.
I am glad you finally did the right thing for you and your beloved baby.
I hope you get out of the case with less or no damage to your immigrant status.
Sorry, I was so harsh on my other message, in insbaby�s own words: �threatening�.
Take care and good luck.
more...
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Caliber
06-07 02:06 PM
Thanks for the update Pappu. I am ashamed of missing this big and important event.
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senthil1
08-12 08:06 PM
That is the way green card processing works if they follow rules. The perm process is to test any candidates are available for the position. If they find a qualified person then that position will not be available. But still the company can process GC for another position if they are willing. Most companies used try to reject all the candidates to get a green card for a H1b person. But recession made the things worse. To change the situation either economy need to improve or Change the green card process. One of the option is change to point system with increase of Annual cap. That will take away the control from employers and chance of explotation is less. But point system got a negative response from Lawyers and employers.
Hydeboy is right.
My american employer rejected to file PERM after ads are posted. They were supposed to befiling in EB3 and they said they found candidates so they are not going to file green card...I am totally depressed..This is the true picture in almost all american companies. BEWARE of green card.
Hydeboy is right.
My american employer rejected to file PERM after ads are posted. They were supposed to befiling in EB3 and they said they found candidates so they are not going to file green card...I am totally depressed..This is the true picture in almost all american companies. BEWARE of green card.
more...
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qvadis
02-04 11:26 PM
Hi longq,
Not sure why you are still fighting this. I am sure law-makers are aware of the way USCIS implements the law and they don't seem to have any objections.
From the 2006 "CRS Report for Congress" on "U.S. Immigration Policy on Permanent Admissions"
Prior to FY2001, employment-based preference immigrants were also held to percountry ceilings. The American Competitiveness in the Twenty-First Century Act of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based immigrants to be surpassed for individual countries that are oversubscribed as long as visas are available within the worldwide limit for employment-based preferences.
It might actually be counterproductive as you might inflect negative sentiments against increasing overall EB-immigration level demanding improportional increase for 'top immigrant-sending countries'.
As the State Department describes, the per-country level �is not an entitlement but a barrier against monopolization.�
Please try to read law carefully. The law will not have simple terms as you think. They have to draft the law in the language of the act. Any way the meaning is same.
The law explicitly say that the 7% country limit does not apply to the EB1, EB2, EB3, EB4, EB5 catagories, if excess visas available in those catagories.
Exactly, but because EB3 is oversubscribed, no 'excess visas' are available for oversubscribed countries. (But we had this discussion before, though).
Not sure why you are still fighting this. I am sure law-makers are aware of the way USCIS implements the law and they don't seem to have any objections.
From the 2006 "CRS Report for Congress" on "U.S. Immigration Policy on Permanent Admissions"
Prior to FY2001, employment-based preference immigrants were also held to percountry ceilings. The American Competitiveness in the Twenty-First Century Act of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based immigrants to be surpassed for individual countries that are oversubscribed as long as visas are available within the worldwide limit for employment-based preferences.
It might actually be counterproductive as you might inflect negative sentiments against increasing overall EB-immigration level demanding improportional increase for 'top immigrant-sending countries'.
As the State Department describes, the per-country level �is not an entitlement but a barrier against monopolization.�
Please try to read law carefully. The law will not have simple terms as you think. They have to draft the law in the language of the act. Any way the meaning is same.
The law explicitly say that the 7% country limit does not apply to the EB1, EB2, EB3, EB4, EB5 catagories, if excess visas available in those catagories.
Exactly, but because EB3 is oversubscribed, no 'excess visas' are available for oversubscribed countries. (But we had this discussion before, though).
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zoooom
08-14 02:01 PM
Application received on july 2nd (8 AM)...Still nothing yet. :(
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pappu
11-16 08:13 AM
through paypal
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Thanks
Receipt ID: 62014441XL478203T
Thanks
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milind70
07-20 10:44 PM
Friends,
What I need to do now? My I-94 has wrong expiration date (I entered in US on 03/07/2007 and I got I-94 with expiration date as 01/10/2007). My attorney told me that it can be explained later. So, I've already file my 485 with a bad I-94.
Please let me know if anything can be done or still I can do something to correct this issue.
Thanks,
hi_mkg
I have answered this for you in another thread
What I need to do now? My I-94 has wrong expiration date (I entered in US on 03/07/2007 and I got I-94 with expiration date as 01/10/2007). My attorney told me that it can be explained later. So, I've already file my 485 with a bad I-94.
Please let me know if anything can be done or still I can do something to correct this issue.
Thanks,
hi_mkg
I have answered this for you in another thread
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gsc999
11-20 12:24 PM
Guys n Gals,
We can't donate to the Presidential candidates because we are not citizens but you have an option to make donations to IV.
With your support we can make a difference, a big difference!
Let your voice be heard.
We can't donate to the Presidential candidates because we are not citizens but you have an option to make donations to IV.
With your support we can make a difference, a big difference!
Let your voice be heard.
srr_2007
04-06 11:42 PM
If the authorities were really clever they should have accepted the 65000 with highest salaries instead of doing something random like a lottery. This in turn would have forced employers to raise wages to have a meaningful shot at getting a visa.
employer can very well get a new LCA with lower wage later and pay less to the employee.
employer can very well get a new LCA with lower wage later and pay less to the employee.
softwareguy
07-06 04:50 PM
Deliver on:
Tuesday
Jul. 10, 2007
Delivery by:
FedEx�, DHL� or UPS�
Deliver to: Emilio Gonzalez
Business
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, DC 20529
US
202-272-1330
Occasion: Sympathy
Gift Message and Signature: Thank you so much for giving us Hope for a few days till July 1st and snatching it away for years. We wish you best of Luck for future visa bulletins.
Regards - A LEGAL HIGH SKILLED NON-IMMIGRANT.
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More details on FTD.COM's delivery policies
Tuesday
Jul. 10, 2007
Delivery by:
FedEx�, DHL� or UPS�
Deliver to: Emilio Gonzalez
Business
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, DC 20529
US
202-272-1330
Occasion: Sympathy
Gift Message and Signature: Thank you so much for giving us Hope for a few days till July 1st and snatching it away for years. We wish you best of Luck for future visa bulletins.
Regards - A LEGAL HIGH SKILLED NON-IMMIGRANT.
Sweetheart Mixed Rose Bouquet
- F488 $ 24.99
$ (15.00)
Service Charges $ 13.99
Taxes $ 0.00
Subtotal $ 23.98
More details on FTD.COM's delivery policies
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