piyushpan
03-22 11:42 PM
Hi stucklabor,
That was a good analysis.
So to summarize what you are saying is the following(as per Frist's bill)
1 People who have advanced degrees and are presently working can apply for adjustment of status(I-485) even if they don;t have a labor or a pending I-140 but they will be subject to quota to get the final approval.
2Secondly for people who are presently studying and doing their MS they can directly apply for I-485 if they have a US job offer within one year after graduation but they will be subject to quota as well
3Thirdly there is the category which has MS/Phd and 3 yrs of related exp.
For this category they can directly apply for I-485 and no quota issues either.
My question is for all these 3 categories can you really directly apply for I-140 and I485 concurrently or do you have to have a certified labor certification or pending I-140 at the time of enact ment of the bill.
I am asking because i have an approved perm labor and I-140 and waiting to file for I-485..but my company is not doing well so i may have to restart the process all over again in the new company i join.But if i have to file only I-140 and I-485 to get the GC in new company and if this bill becomes law then that would be amazing as i don;t have to go through the labor cert process anymore..
Can you confirm what i'm interpreting is correct?
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
That was a good analysis.
So to summarize what you are saying is the following(as per Frist's bill)
1 People who have advanced degrees and are presently working can apply for adjustment of status(I-485) even if they don;t have a labor or a pending I-140 but they will be subject to quota to get the final approval.
2Secondly for people who are presently studying and doing their MS they can directly apply for I-485 if they have a US job offer within one year after graduation but they will be subject to quota as well
3Thirdly there is the category which has MS/Phd and 3 yrs of related exp.
For this category they can directly apply for I-485 and no quota issues either.
My question is for all these 3 categories can you really directly apply for I-140 and I485 concurrently or do you have to have a certified labor certification or pending I-140 at the time of enact ment of the bill.
I am asking because i have an approved perm labor and I-140 and waiting to file for I-485..but my company is not doing well so i may have to restart the process all over again in the new company i join.But if i have to file only I-140 and I-485 to get the GC in new company and if this bill becomes law then that would be amazing as i don;t have to go through the labor cert process anymore..
Can you confirm what i'm interpreting is correct?
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
wallpaper FERRARI 328 GTB 1988
pointlesswait
02-14 09:41 AM
i had sent an email to CISOmbudsman.. requesting allowing to file for AOS..as a mode of temporary relief...they replied..saying thanks for the input...
I think we must pursue this for now... since any meaning reforms are atleast couples of months away.. this relief can save lots of EB ppl during uncertain times.
inputs welcome..
I initially posted below text to reply another thread, but the title is not much relavant. So I decided to create a new thread here:
As a background, the pre-application of AOS (file 485 without PD being current) is mentioned in a DHS newsletter here (credit goes to kate123 for finding it).
http://www.dhs.gov/ynews/releases/pr_1233353528835.shtm
Here is the text:
Legal Immigration Benefit Backlogs. What progress has been made in reducing the significant backlogs that had developed in the adjudication of naturalization petitions and adjustment of status (green card) applications? Which regional offices still lag behind in making progress toward target processing times, and what specific steps are recommended for providing priority resources to those offices?
Please provide an assessment of information-sharing with the Department of State�s Bureau of Consular Affairs on projected adjustment caseloads, to be used by that Bureau in setting each month�s cutoff dates on waiting lists for immigration categories that are limited by a yearly quota. What steps have been taken and what further steps are recommended to make sure that the full quota of permanent immigration spaces is used each fiscal year? What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
This is a great finding I've read that page, but never noticed the Secretary of DHS specifically mentioned Pre-Application of AOS. Now that they do have this in their mind, can we start working on that? I'd love to share a few thoughts I have on it:
From the lessons we learnt from the past, the most important thing for this admin fix to fly is compromise: there must be kind of restriction for the pre-application AOS. A few examples I could think of are:
- The person has been in the country LEGALLY for more than a number of years, OR
- The PD are more than a certain number years old, OR
- I-140 has been approved, OR
- Must have MS or higher for a US college (just for argument's sake, please don't flame me).
The key is to not allow everyone to file pre-application or it'll be drown in a media storm and draw backfires. Yet it gives you a certain promise that you'll be able to file pre-application once you are here for a certain period of time, so everyone has hope and those who has suffered more would have an almost certain chance to do so.
IV core, should we work on this? This is the first time we see pre-application of AOS appears in official file and I believe it's a great opportunity.
I think we must pursue this for now... since any meaning reforms are atleast couples of months away.. this relief can save lots of EB ppl during uncertain times.
inputs welcome..
I initially posted below text to reply another thread, but the title is not much relavant. So I decided to create a new thread here:
As a background, the pre-application of AOS (file 485 without PD being current) is mentioned in a DHS newsletter here (credit goes to kate123 for finding it).
http://www.dhs.gov/ynews/releases/pr_1233353528835.shtm
Here is the text:
Legal Immigration Benefit Backlogs. What progress has been made in reducing the significant backlogs that had developed in the adjudication of naturalization petitions and adjustment of status (green card) applications? Which regional offices still lag behind in making progress toward target processing times, and what specific steps are recommended for providing priority resources to those offices?
Please provide an assessment of information-sharing with the Department of State�s Bureau of Consular Affairs on projected adjustment caseloads, to be used by that Bureau in setting each month�s cutoff dates on waiting lists for immigration categories that are limited by a yearly quota. What steps have been taken and what further steps are recommended to make sure that the full quota of permanent immigration spaces is used each fiscal year? What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
This is a great finding I've read that page, but never noticed the Secretary of DHS specifically mentioned Pre-Application of AOS. Now that they do have this in their mind, can we start working on that? I'd love to share a few thoughts I have on it:
From the lessons we learnt from the past, the most important thing for this admin fix to fly is compromise: there must be kind of restriction for the pre-application AOS. A few examples I could think of are:
- The person has been in the country LEGALLY for more than a number of years, OR
- The PD are more than a certain number years old, OR
- I-140 has been approved, OR
- Must have MS or higher for a US college (just for argument's sake, please don't flame me).
The key is to not allow everyone to file pre-application or it'll be drown in a media storm and draw backfires. Yet it gives you a certain promise that you'll be able to file pre-application once you are here for a certain period of time, so everyone has hope and those who has suffered more would have an almost certain chance to do so.
IV core, should we work on this? This is the first time we see pre-application of AOS appears in official file and I believe it's a great opportunity.
asdfred
07-14 05:07 PM
sometimes i see that no one will get a GC for 10 yrs..sometimes these calculations make me want to dream of getting a GC that too in next two years..i never noticed that i am over 30 now...thanks to immigration issues..:)
2011 Ferrari 328 GTSi
aya2004
06-20 01:44 AM
Paskal, if you have read through the new bill, could you please point where the GME-IMG section ?
thanks
thanks
more...
ssa
07-21 03:08 PM
Please don't start shouting at me for being "anti-BEC-victims", because I'm not. But just consider this. Even if you are able to turn mountains around and get a suit filed against DOL before Sept 2007 they will be be able to get it thrown out or at least get a stay simply by stating they already have a public commitment to clearing all the cases by Sept 2007 so it will be non issue in just couple of months. You will not have strong case till Sept 2007 is actually passed and they have not delivered on the commitment. Sept 2007 is just two months away. Use these months to do your ground work like finding and mobilizing BEC victims etc. and go for the actual action only after Sept 2007 dead line has passed. This way if they really deliver on their promise you would save yourself lot of money and trouble.
Just my 2 cents. Your grievances are 100% genuine and I do feel for you. Hopefully they will clear this mess soon.
Just my 2 cents. Your grievances are 100% genuine and I do feel for you. Hopefully they will clear this mess soon.
xbohdpukc
03-18 01:32 PM
I think I-485 filing clause is needed. Please note that the USCIS is not staffed enough. So there is a high possibility that the priority date retrogression will continue even if all the current provisions included in the Frist bill is passed. They will retain the retrogression in order to control the number of applications. In such a scenario, it is important for us to try and introduce the I-485 clause, so that people could get their EAD while they wait for USCIS to clear the mess. My 2 cents.
I don't believe you are right. Cut-off dates are not established based on the USCIS workload and its staffing, but rather on the predicted balance between demand for and supply of GCs. Therefore if worst comes to worst we will see a backlog at the USCIS level again, ie their processing time will go way beyond today's 6 months. BUt if the DOS believes that they have enough GC available to meet the demand in each and every particular quarter they will adjust cut-off dates accordingly.
I don't believe you are right. Cut-off dates are not established based on the USCIS workload and its staffing, but rather on the predicted balance between demand for and supply of GCs. Therefore if worst comes to worst we will see a backlog at the USCIS level again, ie their processing time will go way beyond today's 6 months. BUt if the DOS believes that they have enough GC available to meet the demand in each and every particular quarter they will adjust cut-off dates accordingly.
more...
Macaca
09-21 03:50 PM
Some minds are
like concrete,
all mixed up and
permanently set
Anonymous
like concrete,
all mixed up and
permanently set
Anonymous
2010 Ferrari 328 GTB Stradale 1986
sadhimoorthy
07-03 03:37 PM
I spoke to a woman in the USCIS customer service and she doesnt know Jack. All she told was there wont be any further authorizations starting from June 02(as idf we dont know this. Teh whole world knows). They will put all the applicatiosn received on July 02 in hold and may start processing from Oc 01 2007. As i said earlier she knows jack about the probelm. If you ask more questions they simply say that they are only customer service and this is what they know. I asked who else should i contact to get more info and she told i have to contact them only. What an idiotic organization.
more...
prince_charming
09-15 07:22 PM
Buddy, if I were you, the first thing I would do is get a good and experienced lawyer on my side and have the lawyer look into these issues. You need a lawyer who has experience in handling such issues.
If you are not using your old lawyer anymore, you should immediately have your current/new lawyer file new G-28 so that you won't have to keep asking your old lawyer for anything. I did change my lawyer once and my second lawyer was able to get everything from my first lawyer.
MTR is no joke and it's worth spending some money on a good lawyer when it comes down to a denial of your AOS application. Good luck to you.
My friend, you have not seen the complete posting. I mentioned around 15 times that my lawyer has filed G-28 and AC21 together in May this year.
My lawyer is one of the best in southern California and i am with him since joining new company. He is going to check with TSC for G-28 and if they didn't updated one then i will have no choice but to ask old lawyer to forward the notice to me.
If you are not using your old lawyer anymore, you should immediately have your current/new lawyer file new G-28 so that you won't have to keep asking your old lawyer for anything. I did change my lawyer once and my second lawyer was able to get everything from my first lawyer.
MTR is no joke and it's worth spending some money on a good lawyer when it comes down to a denial of your AOS application. Good luck to you.
My friend, you have not seen the complete posting. I mentioned around 15 times that my lawyer has filed G-28 and AC21 together in May this year.
My lawyer is one of the best in southern California and i am with him since joining new company. He is going to check with TSC for G-28 and if they didn't updated one then i will have no choice but to ask old lawyer to forward the notice to me.
hair with his ferrari 328 gts.
desi485
10-27 05:41 PM
Are we/employees really supposed to know all the steps involved in the approval of GC process (Perm, 140/EAD/485 etc.)?
I work for one of the fortune 100 companies, to my surprise, none of my European colleagues is aware of all the GC process. All they do is just provide documents what ever the HR department asks for. They don�t pay from their pocket for GC (ideally correct). None of them has clue about priority date etc�.they get communicated by the HR department about their GC process.
So putting your case in perspective. I am assuming that the HR department would just hand over the GC to the employee. Neither the HR (I think) nor the employee (definitely) would worry about the PD being current.
Ideally if a law firm is point of contact for a petition, what would they do? Would they go back to USCIS and tell them that the GC is approved by mistake? I don�t think so but some one can confirm if they had experience otherwise.
I completely agree with what you are saying. We are overly-active community due to monster called 'retrogression', otherwise none of us would be knowing immigration details as much as we do now.
I work for one of the fortune 100 companies, to my surprise, none of my European colleagues is aware of all the GC process. All they do is just provide documents what ever the HR department asks for. They don�t pay from their pocket for GC (ideally correct). None of them has clue about priority date etc�.they get communicated by the HR department about their GC process.
So putting your case in perspective. I am assuming that the HR department would just hand over the GC to the employee. Neither the HR (I think) nor the employee (definitely) would worry about the PD being current.
Ideally if a law firm is point of contact for a petition, what would they do? Would they go back to USCIS and tell them that the GC is approved by mistake? I don�t think so but some one can confirm if they had experience otherwise.
I completely agree with what you are saying. We are overly-active community due to monster called 'retrogression', otherwise none of us would be knowing immigration details as much as we do now.
more...
GotGC??
07-05 01:12 PM
If you liked the Aussie immigration so much, how come you are back in the US and in the GC nightmare?
I'm assuming you are in the US now, and caught in this whole GC nightmare. If not, please ignore my mesg.
The US Immigration Law is a nightmare.
Couple of years ago, I migrated to Australia.
blah, blah
Here the US Government cries about anti-discrimination, human rights etc, but those are only eye-wash. They should take lessons from the Australians.
I'm assuming you are in the US now, and caught in this whole GC nightmare. If not, please ignore my mesg.
The US Immigration Law is a nightmare.
Couple of years ago, I migrated to Australia.
blah, blah
Here the US Government cries about anti-discrimination, human rights etc, but those are only eye-wash. They should take lessons from the Australians.
hot Ferrari 328 GTB/GTS
ca_immigrant
08-24 07:18 PM
mommy told me not to talk to strangers :p
that is a nice one...lol
that is a nice one...lol
more...
house Ferrari 328 Gts For Sale.
she81
07-18 02:48 PM
Can someone please close this thread. It is really ugly and some people have really gone overboard with their criticisms. Need to introduce some serious ettiquette in this forum.
tattoo Ferrari : 328 GTS Euro 1986
svam77
07-19 02:19 PM
USCIS reps did not mention any specific group to me. But what I was told was that, everyone's information should be in the USCIS system by August 1st. So urs would be too.
The group was just my analogy.
The group was just my analogy.
more...
pictures FERRARI - 328 GTS - 1985
visacase
07-20 11:47 AM
Hi,
How can one know if ones employer has withdrawn/cancelled ones H1B visa? Apart from asking the employer, if one uses the EAC # ans checks the status on www.uscis.gov, will it be reflected over there?
How can one know if ones employer has withdrawn/cancelled ones H1B visa? Apart from asking the employer, if one uses the EAC # ans checks the status on www.uscis.gov, will it be reflected over there?
dresses Ferrari 328 GTS
chanduv23
02-14 03:32 PM
^^^^^^^^
Come on folks, lets make this campaign successful
Come on folks, lets make this campaign successful
more...
makeup Ferrari 328 GTB. Ferrari 328 GTB
sands_14
07-01 09:50 AM
Hi,
was your first labor PD before April2004?
If yes,then they might have taken that PD.
If not,maybe we can see a forward movement for PD for EB2 in coming bulletin as USCIS might be trying to use as much visa numbers as possible.
Congrats and Enjoy!
No its I-485 I just cut and pasted the two emails I received, first at 10am then the second at 3 pm check online and the system had same messages. If its true I am having a party wow man thanks I did come to US in 1997. I do have a labor which was approved under RIR PD date 2004 but the employer refused to file I-140. Then again filed PERM in 2007 under EB2 and filed I-140/I-485 based on this PERM
was your first labor PD before April2004?
If yes,then they might have taken that PD.
If not,maybe we can see a forward movement for PD for EB2 in coming bulletin as USCIS might be trying to use as much visa numbers as possible.
Congrats and Enjoy!
No its I-485 I just cut and pasted the two emails I received, first at 10am then the second at 3 pm check online and the system had same messages. If its true I am having a party wow man thanks I did come to US in 1997. I do have a labor which was approved under RIR PD date 2004 but the employer refused to file I-140. Then again filed PERM in 2007 under EB2 and filed I-140/I-485 based on this PERM
girlfriend Voir le sujet - [Ferrari 328
deba
04-26 06:43 PM
$ 100 on 4/29 - Paypal Receipt ID: 09882903RK086923P
Thanks and hope this bill passes for the benefit of everyone.
Deb
Thanks and hope this bill passes for the benefit of everyone.
Deb
hairstyles Ferrari 328 GTB. Ferrari 328 GTB. 0:31. Sweet olde ferrari at an art gallery
girijas
06-30 12:35 PM
Great job LSK,
Please follow up with the local office and encourage your local friends/family to call.
Nixstor: I have sent you a PM. Do you have information on the representatives we should try and contact personally?
Please follow up with the local office and encourage your local friends/family to call.
Nixstor: I have sent you a PM. Do you have information on the representatives we should try and contact personally?
cbpds
05-17 12:11 PM
A very useful way of using technology to promote legal immigration !!!
Sent emails already
Thanks Pappu
Thank you for participating in the national phone campaign we ran for the last 2 weeks.
We got feedback on some calls that were made and it was encouraging.
We are now starting a campaign to contact our lawmakers and media offices.
Please click on ImmigrationVoice.org - Advocacy -- Legislative Action Center (http://immigrationvoice.capwiz.com/immigrationvoice/home/)
or the icons on the top of IV page to participate in the action alerts.
This campaign is very simple.
It will not even take 5 minutes of your time.
Please spread the word around so that we can flood the offices with our emails. This will help in the event we are planning for next month. See IV announcement: Advocacy Days in Washington DC: 7th & 8th June - Page 3 - Immigration Voice (http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=1437978)
- Team IV
Sent emails already
Thanks Pappu
Thank you for participating in the national phone campaign we ran for the last 2 weeks.
We got feedback on some calls that were made and it was encouraging.
We are now starting a campaign to contact our lawmakers and media offices.
Please click on ImmigrationVoice.org - Advocacy -- Legislative Action Center (http://immigrationvoice.capwiz.com/immigrationvoice/home/)
or the icons on the top of IV page to participate in the action alerts.
This campaign is very simple.
It will not even take 5 minutes of your time.
Please spread the word around so that we can flood the offices with our emails. This will help in the event we are planning for next month. See IV announcement: Advocacy Days in Washington DC: 7th & 8th June - Page 3 - Immigration Voice (http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=1437978)
- Team IV
jthomas
05-19 08:06 PM
I send the email to Barbara boxer. It took less than a minute. Thanks Pappu for the efforts
J Thomas
J Thomas
No comments:
Post a Comment