nixstor
03-18 06:53 PM
Now for the rest of this year the EB2 queues for China and India are merged. Visa allocations will be solely based on Priority date. So for example if India has many priority dates that are before China's, India may end up getting more visa allocations. The same holds true if China has earlier priority dates than India does. That's how I inderstood it and I thought I would try to explain it to some who did not. Otherwise sorry for stating the obvious.
Read the Sec 202 a 5 I posted in 1st page and corresponding links. It clearly says that the left over visa numbers under each category in every Q can be assigned with out country limits. Is there any one who is reading it other wise (or) Is there any text in the bill I am possibly missing?
Read the Sec 202 a 5 I posted in 1st page and corresponding links. It clearly says that the left over visa numbers under each category in every Q can be assigned with out country limits. Is there any one who is reading it other wise (or) Is there any text in the bill I am possibly missing?
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dskhabra
03-17 09:46 AM
Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
That's true but when unused numbers are used for retrogressed countries then 7% cap is not followed. You can see more than 9800 approvals for India in the last three years. But still it's a looooonnnngggggg wait...........
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
That's true but when unused numbers are used for retrogressed countries then 7% cap is not followed. You can see more than 9800 approvals for India in the last three years. But still it's a looooonnnngggggg wait...........
anilsal
12-10 09:48 AM
A movement of 15 days in EB3-I is a good movement. Big movement in EB3 without law change is not possible.
You are correct. In fact, without some legislation or a bill for recapture getting passed, large movement in dates in not possible.
You are correct. In fact, without some legislation or a bill for recapture getting passed, large movement in dates in not possible.
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sanju
01-16 09:19 PM
I actually don't think this is the main concern of many people who have not contributed. I have talked with many friends who got stuck with their GC applications regarding IV and urged them to contribute. However, not many of them were very passionate about this. They just simply believed that they could not achieve their GCs faster with IV's effort than without. $20 per month is not a big deal for them. But without any confidence and hope, they did not even want to bother to register and contribute. Most of my friends are EB2 with PD 2004 or later. Some who have filed 485s see no sign for SKIL being passed and are fine with their APs and EADs. Those who have not filed their 485 truly believe that they could file their 485s in about 2 years and got used to this waiting.
So I think maybe we can let people know what IV has achieved in the past one year(not just how many members or how much money IV has achieved..., but things really matter to people) and inspire them.
waitingGC, Well said. Your assessment about this group of people may be correct. These are mostly apathy-stricken people with indifferent attitudes towards the events and surroundings around them. No change can be made with such an attitude. If it were for such lazy people, no revolution/change could have been organized and this world would still be be under imperialistic forces. Sloth is the biggest sin and an example to sloth is well demonstrated by the behavior of these people who refuse to participate.
What Results?
I joined IV recently and I visit IV website several times a day. Few days back I had the patience to search and read earlier forum discussions on IV and immigrationportal. I read the forum threads in which it was discussed how IV delivered all the amendments in the last year Senate bill. What more results do these people want? I admit that I don't understand all the amendments and all the provisions that IV got for us in the Senate bill. But isn't it a big deal to simply organize in the matter of few months and then get our provisions passed in the Senate. What more results should we expect to judge IV? The only other result is when IV will get all our amendments in the next immigration bill that will be passed by the congress. By then, it would be too late for these people, who refuse to participate at this time. And I don’t plan to wait for them. So I just signed up for $50/month monthly subscription. More importantly, my wife and I will request all our friends to sign-up for monthly subscription.
So I think maybe we can let people know what IV has achieved in the past one year(not just how many members or how much money IV has achieved..., but things really matter to people) and inspire them.
waitingGC, Well said. Your assessment about this group of people may be correct. These are mostly apathy-stricken people with indifferent attitudes towards the events and surroundings around them. No change can be made with such an attitude. If it were for such lazy people, no revolution/change could have been organized and this world would still be be under imperialistic forces. Sloth is the biggest sin and an example to sloth is well demonstrated by the behavior of these people who refuse to participate.
What Results?
I joined IV recently and I visit IV website several times a day. Few days back I had the patience to search and read earlier forum discussions on IV and immigrationportal. I read the forum threads in which it was discussed how IV delivered all the amendments in the last year Senate bill. What more results do these people want? I admit that I don't understand all the amendments and all the provisions that IV got for us in the Senate bill. But isn't it a big deal to simply organize in the matter of few months and then get our provisions passed in the Senate. What more results should we expect to judge IV? The only other result is when IV will get all our amendments in the next immigration bill that will be passed by the congress. By then, it would be too late for these people, who refuse to participate at this time. And I don’t plan to wait for them. So I just signed up for $50/month monthly subscription. More importantly, my wife and I will request all our friends to sign-up for monthly subscription.
more...
nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
inthehole
07-18 12:12 PM
hi tapukakababa, can you please provide me with a number for USCIS nebraska SC. I would like to talk to them as well.
Phone Number: 1-800-375-5283
Options 1, 2, 2, 6, 2, 2, 1 (For english)
Phone Number: 1-800-375-5283
Options 1, 2, 2, 6, 2, 2, 1 (For english)
more...
Green.Tech
03-03 04:43 PM
That is option # 2
No, it's not!
I know guys who are going to buy a houses shortly and are not worried about EAD/GC/any of the GC related stuff, and their PD's are in 2006, 2007.
No, it's not!
I know guys who are going to buy a houses shortly and are not worried about EAD/GC/any of the GC related stuff, and their PD's are in 2006, 2007.
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amitjoey
01-18 10:59 AM
I have been visiting this forum for a while now. I appreciate all the efforts being done by the Core team. I just signed for $20/- recurring contribution through paypal.
MP70
Thanks MP70. Please continue to educate your friends and urge everybody to contribute atleast $20/month.
MP70
Thanks MP70. Please continue to educate your friends and urge everybody to contribute atleast $20/month.
more...
Dhundhun
07-12 08:06 PM
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash
I think so.
Unless USCIS took all the pains to compile all EB2 qualified doculements and then to find out on what day China and India EB2 numbers become equal.
It is hard to comprehend.
I think so.
Unless USCIS took all the pains to compile all EB2 qualified doculements and then to find out on what day China and India EB2 numbers become equal.
It is hard to comprehend.
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Sakthisagar
06-11 10:46 AM
Thank You for doing this, Great work.
Sent two times yesterday and today after the change in the content.
May GOD Bless
Sent two times yesterday and today after the change in the content.
May GOD Bless
more...
Munna Bhai
12-26 06:50 PM
:confused:
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Lasantha
03-07 10:26 AM
Is it true that in some cases after you file for AC21, CIS would send a RFE for the financial details of the new company (to stablish that the new company can pay you - company tax details).
I think I heard this on the last IV attorney conference call with Attorney Prashanti. So if that's is true, what if the company does not want to send this kind of confidential information to a third party attorney (your attorney)?
Or if the company is a big one they may not want to help you with these details at all. You know, they may not want to be bothered with that sort of hassle.
Have any of you heard of a case where CIS asked for ability to pay supporting information for AC21?
I think I heard this on the last IV attorney conference call with Attorney Prashanti. So if that's is true, what if the company does not want to send this kind of confidential information to a third party attorney (your attorney)?
Or if the company is a big one they may not want to help you with these details at all. You know, they may not want to be bothered with that sort of hassle.
Have any of you heard of a case where CIS asked for ability to pay supporting information for AC21?
more...
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jetflyer
08-10 12:28 PM
http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm
see table 6 in that link
Thanks VDLRAO.
I looked at 2008 data from same source and surprised to see 70046 approvals for 2008-EB2.
Does that means there are not many old cases in line ahead of us?
Source link: DHS | Yearbook of Immigration Statistics: 2008 (http://www.dhs.gov/files/statistics/publications/LPR08.shtm)
check for table 6
see table 6 in that link
Thanks VDLRAO.
I looked at 2008 data from same source and surprised to see 70046 approvals for 2008-EB2.
Does that means there are not many old cases in line ahead of us?
Source link: DHS | Yearbook of Immigration Statistics: 2008 (http://www.dhs.gov/files/statistics/publications/LPR08.shtm)
check for table 6
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GCKaIntezar
02-09 07:36 PM
optimist578 optimist578 is offline
Member
Join Date: Oct 2006
Posts: 43
optimist578 is on a distinguished road
Default Want to join
I want to join the effort. I live in Union City (near Hoboken) but donot drive. Do you have any events planned in New York City or near Journal Sq or any place accessible by train?
email kamla345@yahoo.com
Varsha,
Please can you add Optimist to the list and send him/her email for the telecon?
Thanks!
Member
Join Date: Oct 2006
Posts: 43
optimist578 is on a distinguished road
Default Want to join
I want to join the effort. I live in Union City (near Hoboken) but donot drive. Do you have any events planned in New York City or near Journal Sq or any place accessible by train?
email kamla345@yahoo.com
Varsha,
Please can you add Optimist to the list and send him/her email for the telecon?
Thanks!
more...
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thirdworldman
02-16 07:13 PM
Eilsoe, nice render! :worried:
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akred
01-28 11:23 AM
If the country cap was supposed to increase diversity, lets have a country cap based on the person's race. Or lets have a single country cap for the EU. The fact that political integration in Europe has lagged behind China and India is being used by the restrictionists to limit immigration from the 3rd world.
Anyway, point is the immigration system overall is broken. IV should seriously consider making common cause with the lobby for undocumented immigrants. The way I see it, my H4 wife is an illegal immigrant now since she volunteered at some place in exchange for reduced fees.
Anyway, point is the immigration system overall is broken. IV should seriously consider making common cause with the lobby for undocumented immigrants. The way I see it, my H4 wife is an illegal immigrant now since she volunteered at some place in exchange for reduced fees.
more...
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Jbpvisa
07-12 11:01 PM
http://www.murthy.com/chertoff_murthy.html
July 12, 2007
VIA FEDERAL EXPRESS
Michael Chertoff, Esq.
Secretary
Department of Homeland Security
RE: USCIS Decision to Reject I-485 Filings
Dear Mr. Chertoff:
It was a pleasure and an honor to meet with you and to share my views during your panel discussion at the Harvard Worldwide Congress June 15, 2007 in Washington, D.C. I understand and appreciate that the responsibility vested in you as the Secretary of the U.S. Department of Homeland Security is no simple task. We applaud your service to our nation. After meeting with you personally and speaking with you, I am more convinced than ever that you will do the right thing for our country and for the people you serve, both in terms of securing our nation and in being the leader of the DHS, with over 20 federal agencies reporting to you, including the USCIS.
Purpose of this Letter
I am writing to you at this time to address recent actions by the USCIS to refuse to accept I-485 adjustment of status filing during July 2007 that are having significant impact upon the reliability of the legal immigration system in this country, as well as impacting legal foreign nationals and the many U.S. businesses that rely upon the work they perform.
USCIS Decision Contradicts its Long Standing Procedure
In contradiction of its own long standing policy and procedure, we understand that the USCIS, through its Director Gonzalez, contacted the U.S. Department of State (DOS) and requested or required the DOS to issue a �revised� Visa Bulletin on July 2, 2007. The USCIS then used the revised Bulletin to refuse to accept I-485 filings. This decision deprives thousands of foreign nationals, and their families, of the rights and privileges that are attendant to the I-485 filing.
These Highly Skilled Professionals Followed All the Rules and Believe in the American Dream
These professionals and their employers have played by our established immigration laws and rules. The vast majority of these thousands of potential applicants has a U.S. employer corporation, university or other business as a sponsor for permanent resident status. The exceptions from an employer are for those who are considered of �extraordinary ability� or whose work is in our �national interest.� Many of these applicants have completed their Bachelor�s, Master�s and/or PhD programs from U.S. universities. They believe in the opportunities of this great nation and strive to achieve the American Dream by following all the rules, working hard, paying taxes, and striving to do the right thing. They believe in this country, and rely upon our systems, our government, and our processes. Unfortunately, on July 2, 2007, we let them down. The USCIS abandoned its own system and long standing practices. This happened through manipulation of the use of visa numbers, insisting upon the issuance of a "revised visa bulletin," and instituting the USCIS policy of rejecting every employment-based I-485 that could have been filed during the month of July 2007.
USCIS Decision Denies Substantive and Procedural Rights to Highly Skilled Workers and Their Employers - Many of Whom Have Already Suffered and Will Suffer Further Harm/ Injury
Not only does the USCIS' action harm the individuals and employers involved, it undermines the reliability of our entire employment-based immigration system. The unexpected decision of the USCIS to refuse to accept any I-485 filings denies both substantive and procedural due process rights to would be applicants across the U.S. All of these applicants are employment based (EB) applicants who are primarily highly skilled professionals or experienced workers, that the U.S. seeks in high demand areas, including: science, technology, medicine, research, business, academia, and education.
The harm in not accepting the filings in July 2007 goes beyond mere delay. In reliance upon the July Visa Bulletin, starting in mid-June 2007, these applicants took the steps necessary to prepare their filings and made decisions in reliance upon the USCIS accepting their filings during July 2007. In order to be present in the U.S., as required for these filings, many applicants and their families canceled travel plans abroad or arranged to return to the U.S. on short notice missing family weddings and other important life events. They undertook medical examinations and paid for the required tests which must accompany the I-485 filings. (The USCIS had refused to waive this requirement even temporarily.) They hired lawyers to process their paperwork; they arranged to obtain documents from abroad on an expedited basis, involving foreign lawyers and foreign governments, all at a significant cost. They made employment and other strategic immigration related decisions to be able to process their I-485s for them and their families. Some canceled visa appointments at the consulates, or withdrew other immigration filings, all in reliance upon the USCIS accepting I-485 filings during July 2007.
The applicants and their employers lose the rights and privileges that accompany the filing of the I-485. These include eligibility for the Employment Authorization Document (EAD) and Advanced Parole (AP), thus eliminating the need for the individuals and their employers to make the filings necessary to maintain a non-immigrant, temporary status. These same ancillary benefits also apply to dependant family members. Most importantly, those that have not filed I-485s are not eligible for "portability" benefits under the �American Competitiveness in the Twenty First Century Act� of Oct. 2000 or �AC21� as it is sometimes referred to. This ineligibility for AC21 portability forces career stagnation. This is to the detriment of the individual as well as their sponsoring employer. Under AC21 portability, employers can promote and/or relocate employees to positions that are the same or similar job classifications as the positions for which they were initially sponsored. Individuals can utilize these provisions for career advancement, and for entrepreneurship. Given that the green card process often spans many years, AC21 portability allows the necessary flexibility to permit the case to continue, to accommodate changes in the sponsoring employer's needs as well as opportunities that are specific to the beneficiary.
The list of stories of individuals and families harmed by the USCIS decision is endless. We have for example, many spouses who will now be separated potentially for years on end, as one received a green card during the USCIS' June "rush," while the other is now ineligible to file.
The USCIS decision also created a burden on U.S. employers. Further delays in the green card process mean that, at best, U.S. employers have to continue to file temporary petitions to keep their workforce in the U.S. legally; at worst, it jeopardizes the availability of this needed highly educated and skilled workforce.
USCIS Motive is to Collect Millions of Additional Filing Fees
Many are baffled by the USCIS decision to reject I-485 filings in July, and its use of the �revised� Visa Bulletin as an excuse. The suspected motive is the collection of the substantially higher filing fees that will be generated after July 27, 2007. This entire incident sends the wrong message about our government, our policies and our legal system reeking of greed and inconsistency. Even the appearance of such impropriety undermines our system.
.................
continue
July 12, 2007
VIA FEDERAL EXPRESS
Michael Chertoff, Esq.
Secretary
Department of Homeland Security
RE: USCIS Decision to Reject I-485 Filings
Dear Mr. Chertoff:
It was a pleasure and an honor to meet with you and to share my views during your panel discussion at the Harvard Worldwide Congress June 15, 2007 in Washington, D.C. I understand and appreciate that the responsibility vested in you as the Secretary of the U.S. Department of Homeland Security is no simple task. We applaud your service to our nation. After meeting with you personally and speaking with you, I am more convinced than ever that you will do the right thing for our country and for the people you serve, both in terms of securing our nation and in being the leader of the DHS, with over 20 federal agencies reporting to you, including the USCIS.
Purpose of this Letter
I am writing to you at this time to address recent actions by the USCIS to refuse to accept I-485 adjustment of status filing during July 2007 that are having significant impact upon the reliability of the legal immigration system in this country, as well as impacting legal foreign nationals and the many U.S. businesses that rely upon the work they perform.
USCIS Decision Contradicts its Long Standing Procedure
In contradiction of its own long standing policy and procedure, we understand that the USCIS, through its Director Gonzalez, contacted the U.S. Department of State (DOS) and requested or required the DOS to issue a �revised� Visa Bulletin on July 2, 2007. The USCIS then used the revised Bulletin to refuse to accept I-485 filings. This decision deprives thousands of foreign nationals, and their families, of the rights and privileges that are attendant to the I-485 filing.
These Highly Skilled Professionals Followed All the Rules and Believe in the American Dream
These professionals and their employers have played by our established immigration laws and rules. The vast majority of these thousands of potential applicants has a U.S. employer corporation, university or other business as a sponsor for permanent resident status. The exceptions from an employer are for those who are considered of �extraordinary ability� or whose work is in our �national interest.� Many of these applicants have completed their Bachelor�s, Master�s and/or PhD programs from U.S. universities. They believe in the opportunities of this great nation and strive to achieve the American Dream by following all the rules, working hard, paying taxes, and striving to do the right thing. They believe in this country, and rely upon our systems, our government, and our processes. Unfortunately, on July 2, 2007, we let them down. The USCIS abandoned its own system and long standing practices. This happened through manipulation of the use of visa numbers, insisting upon the issuance of a "revised visa bulletin," and instituting the USCIS policy of rejecting every employment-based I-485 that could have been filed during the month of July 2007.
USCIS Decision Denies Substantive and Procedural Rights to Highly Skilled Workers and Their Employers - Many of Whom Have Already Suffered and Will Suffer Further Harm/ Injury
Not only does the USCIS' action harm the individuals and employers involved, it undermines the reliability of our entire employment-based immigration system. The unexpected decision of the USCIS to refuse to accept any I-485 filings denies both substantive and procedural due process rights to would be applicants across the U.S. All of these applicants are employment based (EB) applicants who are primarily highly skilled professionals or experienced workers, that the U.S. seeks in high demand areas, including: science, technology, medicine, research, business, academia, and education.
The harm in not accepting the filings in July 2007 goes beyond mere delay. In reliance upon the July Visa Bulletin, starting in mid-June 2007, these applicants took the steps necessary to prepare their filings and made decisions in reliance upon the USCIS accepting their filings during July 2007. In order to be present in the U.S., as required for these filings, many applicants and their families canceled travel plans abroad or arranged to return to the U.S. on short notice missing family weddings and other important life events. They undertook medical examinations and paid for the required tests which must accompany the I-485 filings. (The USCIS had refused to waive this requirement even temporarily.) They hired lawyers to process their paperwork; they arranged to obtain documents from abroad on an expedited basis, involving foreign lawyers and foreign governments, all at a significant cost. They made employment and other strategic immigration related decisions to be able to process their I-485s for them and their families. Some canceled visa appointments at the consulates, or withdrew other immigration filings, all in reliance upon the USCIS accepting I-485 filings during July 2007.
The applicants and their employers lose the rights and privileges that accompany the filing of the I-485. These include eligibility for the Employment Authorization Document (EAD) and Advanced Parole (AP), thus eliminating the need for the individuals and their employers to make the filings necessary to maintain a non-immigrant, temporary status. These same ancillary benefits also apply to dependant family members. Most importantly, those that have not filed I-485s are not eligible for "portability" benefits under the �American Competitiveness in the Twenty First Century Act� of Oct. 2000 or �AC21� as it is sometimes referred to. This ineligibility for AC21 portability forces career stagnation. This is to the detriment of the individual as well as their sponsoring employer. Under AC21 portability, employers can promote and/or relocate employees to positions that are the same or similar job classifications as the positions for which they were initially sponsored. Individuals can utilize these provisions for career advancement, and for entrepreneurship. Given that the green card process often spans many years, AC21 portability allows the necessary flexibility to permit the case to continue, to accommodate changes in the sponsoring employer's needs as well as opportunities that are specific to the beneficiary.
The list of stories of individuals and families harmed by the USCIS decision is endless. We have for example, many spouses who will now be separated potentially for years on end, as one received a green card during the USCIS' June "rush," while the other is now ineligible to file.
The USCIS decision also created a burden on U.S. employers. Further delays in the green card process mean that, at best, U.S. employers have to continue to file temporary petitions to keep their workforce in the U.S. legally; at worst, it jeopardizes the availability of this needed highly educated and skilled workforce.
USCIS Motive is to Collect Millions of Additional Filing Fees
Many are baffled by the USCIS decision to reject I-485 filings in July, and its use of the �revised� Visa Bulletin as an excuse. The suspected motive is the collection of the substantially higher filing fees that will be generated after July 27, 2007. This entire incident sends the wrong message about our government, our policies and our legal system reeking of greed and inconsistency. Even the appearance of such impropriety undermines our system.
.................
continue
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.soulty
02-21 07:24 PM
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prioritydate
12-20 08:52 PM
No worries for you, if you were inadmissible they would not let you back into the country.
I think so. I went in an out of country 4 times. 2 Indian trips and 2 Canadian trips.
I think so. I went in an out of country 4 times. 2 Indian trips and 2 Canadian trips.
JazzByTheBay
01-16 10:42 PM
Well, the funny thing (or perhaps not so funny thing) is that there's plenty of talent out there stuck up in some immigration-related issue or other, many a times for no fault of theirs.
Particularly the folks who came in around 1999/2000 and weathered the downturn.
OK, so you thought positive, and set your roots, bought a house investing all your savings or at least a good chunk earned during the most productive periods of your life, and poof - it's gone, thanks to the real estate mess.
Yes, you can't live your whole life being over-cautious, but knowing you're not permanent in this country until you have permanent residence (GC), and trying to set your roots by buying a house is being overly optimistic, imho.
(Of course, those who lucked out in the real-estate boom and actually made some $$, good for you guys - I envy you... :) - but I don't know many of us who did. Do you??)
For those who didn't buy a house, be glad your life's savings are not wiped out in this downturn. Most likely, you may also have sufficient cash reserves to survive the downturn. And looking forward - times like these are the best to get new skills or add more breadth/depth to existing ones.
Hopefully President Obama and the new administration will reward the audacity of hope displayed by us legal immigrants, yearning to break free of this immigration quagmire!
(If not - your country really isn't that bad - many folks back home are more than surviving! In fact, many of your friends back home probably did too well for themselves and are probably living a better lifestyle than poor you with all your accompanying immigration frustrations and insecurities... ).
Best to all - let's keep plugging at it by supporting our collective efforts through IV.
jazz
I am assuming that by this you mean "long term plans without having a GC". While it might be difficult to imagine setting roots in this country without a GC, it also means that for some reason you think that the GC will be denied and so you don't want to set roots in this country.
If you don't think your GC will be denied, I don't see any problem in making long term plans and setting roots here while waiting for the GC. It is going to happen - it is just a matter of time.
Particularly the folks who came in around 1999/2000 and weathered the downturn.
OK, so you thought positive, and set your roots, bought a house investing all your savings or at least a good chunk earned during the most productive periods of your life, and poof - it's gone, thanks to the real estate mess.
Yes, you can't live your whole life being over-cautious, but knowing you're not permanent in this country until you have permanent residence (GC), and trying to set your roots by buying a house is being overly optimistic, imho.
(Of course, those who lucked out in the real-estate boom and actually made some $$, good for you guys - I envy you... :) - but I don't know many of us who did. Do you??)
For those who didn't buy a house, be glad your life's savings are not wiped out in this downturn. Most likely, you may also have sufficient cash reserves to survive the downturn. And looking forward - times like these are the best to get new skills or add more breadth/depth to existing ones.
Hopefully President Obama and the new administration will reward the audacity of hope displayed by us legal immigrants, yearning to break free of this immigration quagmire!
(If not - your country really isn't that bad - many folks back home are more than surviving! In fact, many of your friends back home probably did too well for themselves and are probably living a better lifestyle than poor you with all your accompanying immigration frustrations and insecurities... ).
Best to all - let's keep plugging at it by supporting our collective efforts through IV.
jazz
I am assuming that by this you mean "long term plans without having a GC". While it might be difficult to imagine setting roots in this country without a GC, it also means that for some reason you think that the GC will be denied and so you don't want to set roots in this country.
If you don't think your GC will be denied, I don't see any problem in making long term plans and setting roots here while waiting for the GC. It is going to happen - it is just a matter of time.
lazycis
01-18 11:58 AM
US Code, Title 8 � 1304. Forms for registration and fingerprinting
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
So at least make a copy of your I-94/approval notice/GC and keep it in your wallet.
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
So at least make a copy of your I-94/approval notice/GC and keep it in your wallet.
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