yabadaba
06-19 09:26 PM
as usual no email from GA chapter.
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wandmaker
03-20 12:52 PM
If we are not doing enough to help our cause, what right to we have to blame others for not helping us?
Wake up IVans! Contribute money, time or both to IV - We will have to help ourself than blaming others.
Wake up IVans! Contribute money, time or both to IV - We will have to help ourself than blaming others.
sam_hoosier
11-15 10:16 AM
There should be a separate quota for Master's degree holders with existing jobs in their field of study. That would weed out people joining random schools for a Master's degree just to be part of that quota.
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saketkapur
07-13 07:54 PM
No, you will still have to complete the requirement or else your 485 will be denied. There is no escape from waiver. :eek:
Always remember that a J1 visa is a non-immigrant visa and H1B(waiver) is dual intent. If your spouse applies for your GC(i.e. files your 485) before you have not completed your waiver requirements there are 2 things that can happen:
1. Either you will get your 485 rejected,
or
2. Your J1 visa will be denied. Always remember residency visas(J1 or H1) are given on a yearly basis and yours will get denied the next year even if you get it for the 1st year.
Infact my wife started her residency on J1 visa and my 140 was approved. She will be starting her waiver next year. I have a PD of feb 2007. I will be filing her 485 as accompnying spouse(you can use your PD even if you have received your GC:conformed this with my attorney) once her waiver is approved and if my PD becomes current. However she will still not get her final green card until she has completed her waiver requirements.
We had decided not to let USCIS define our carreer objectives and going with the flow. Looking from the likes of it she will be done with her waiver in another 3 years and still the PD won't be current.
Now look at the bright side of J1 visa:
1. Once her waiver is approved I file for her 485(she gets her EAD) using my original PD(no need to get into family based immigrtation hassles)
2. Since we have not exhaused our H1B( she gets 6 years of the same)
3. Her 1st H1B is quota exempt.
4.You save tonns of money since J1 are exempt from social security and medicare taxes etc. :)
You will eventually have to make your own judement call depending on your family circumstances.......so far as I mentioned we just decided to go with the flow and things seem to have worked out for us well. She got the recidency in the same place as my job was and then I got laid off 3 months back and now she got her new job in the same place where my new job is.........
Again you will have to decide how you will want to proceed per your circumstances. If you have any questions feel free to contact me.
Always remember that a J1 visa is a non-immigrant visa and H1B(waiver) is dual intent. If your spouse applies for your GC(i.e. files your 485) before you have not completed your waiver requirements there are 2 things that can happen:
1. Either you will get your 485 rejected,
or
2. Your J1 visa will be denied. Always remember residency visas(J1 or H1) are given on a yearly basis and yours will get denied the next year even if you get it for the 1st year.
Infact my wife started her residency on J1 visa and my 140 was approved. She will be starting her waiver next year. I have a PD of feb 2007. I will be filing her 485 as accompnying spouse(you can use your PD even if you have received your GC:conformed this with my attorney) once her waiver is approved and if my PD becomes current. However she will still not get her final green card until she has completed her waiver requirements.
We had decided not to let USCIS define our carreer objectives and going with the flow. Looking from the likes of it she will be done with her waiver in another 3 years and still the PD won't be current.
Now look at the bright side of J1 visa:
1. Once her waiver is approved I file for her 485(she gets her EAD) using my original PD(no need to get into family based immigrtation hassles)
2. Since we have not exhaused our H1B( she gets 6 years of the same)
3. Her 1st H1B is quota exempt.
4.You save tonns of money since J1 are exempt from social security and medicare taxes etc. :)
You will eventually have to make your own judement call depending on your family circumstances.......so far as I mentioned we just decided to go with the flow and things seem to have worked out for us well. She got the recidency in the same place as my job was and then I got laid off 3 months back and now she got her new job in the same place where my new job is.........
Again you will have to decide how you will want to proceed per your circumstances. If you have any questions feel free to contact me.
more...
krishmunn
03-08 04:09 PM
If one gets a US Masters, the 3 year undergrad is not a problem if you go for EB2 based on Masters.
rajubuthi
08-17 08:07 PM
Gurus,
Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".
Reasons:
- Section 203(b)(2)(A) of the Act states
- 8 C.F.R 204.5(I)(3)(ii)(C)
These are related to the Education for 3 yrs degree..
- What is the next step ?
- What is the chance of a positive result?
Thank you,
Regds,
Raju
Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".
Reasons:
- Section 203(b)(2)(A) of the Act states
- 8 C.F.R 204.5(I)(3)(ii)(C)
These are related to the Education for 3 yrs degree..
- What is the next step ?
- What is the chance of a positive result?
Thank you,
Regds,
Raju
more...
pappu
12-11 12:40 PM
At this time we do not have any one assigned member by IV to lead the chapter. However in the interest of getting things started I request the chapter members to organize a confrence call. If 'williblucky' would like to set it up and send messags to everyone, pls go ahead. If there is anyone else willing to volunteer to set up a call for a weekend pls go ahead. Make sure you send PM's to each member on this thread and inform them about the time for the call. It is important that we have the state chapter active.
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hetuweb
08-23 08:47 PM
Yes Buddy, Everyone Will Get Fp Notices.:)
more...
unitednations
04-23 01:07 PM
First thing is why members have found that title is scary? I dont think it is scary......it might attract your attention. Probably most of people who got scared might be using EAD or are considering using it.<br><br>
I think using AC21 does not imply that 485 will be denied.<br><br> In a hypothetical situation lets assume it is denied we need to find why it is being denied? One can always switch to h1b (with previous employer - should be valid when AOS is denied) by going to home country and getting h1b stamp on passport but even before you have to do it you can appeal in court and you will be able to stay here.
<br><br> I was discussing the same issue today with Ron Gotcher ( you can find it on his website as I have the same userid) and he said unless you are inadmissible or commit a fraud or have broken immigration law in past AOS is not denied. Just in case if you have done any of the above three things then your AOS can be denied and you can not even get any type of non immigrant visa..........<br><br> For using AC21 just make sure that:<br><br>
140 is approved<br><br>Your GC sponsor will not revoke 140<br><br>Your GC job description and new EAD job description are same or similar (title does not matter) <br><br> ONet code for both the jobs match.<br><br><br><br> If you ensure the above things then there is no issue using EAD for a job after 180 day of filing 485.<br><br> Hope this helps and people who got scared does not gives me red dots for speaking aloud.
<br><br> Support IV and make the difference for yourself and everyone else in the immigrant community.
appealing/motion to reopen doesn't allow you to stay in USA.
If employer revokes 140 then no basis for getting h-1b extensions.
I think using AC21 does not imply that 485 will be denied.<br><br> In a hypothetical situation lets assume it is denied we need to find why it is being denied? One can always switch to h1b (with previous employer - should be valid when AOS is denied) by going to home country and getting h1b stamp on passport but even before you have to do it you can appeal in court and you will be able to stay here.
<br><br> I was discussing the same issue today with Ron Gotcher ( you can find it on his website as I have the same userid) and he said unless you are inadmissible or commit a fraud or have broken immigration law in past AOS is not denied. Just in case if you have done any of the above three things then your AOS can be denied and you can not even get any type of non immigrant visa..........<br><br> For using AC21 just make sure that:<br><br>
140 is approved<br><br>Your GC sponsor will not revoke 140<br><br>Your GC job description and new EAD job description are same or similar (title does not matter) <br><br> ONet code for both the jobs match.<br><br><br><br> If you ensure the above things then there is no issue using EAD for a job after 180 day of filing 485.<br><br> Hope this helps and people who got scared does not gives me red dots for speaking aloud.
<br><br> Support IV and make the difference for yourself and everyone else in the immigrant community.
appealing/motion to reopen doesn't allow you to stay in USA.
If employer revokes 140 then no basis for getting h-1b extensions.
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cdeneo
03-09 06:10 PM
I would suggest not to risk renewing your passport in India just because you don't know if you would get stuck for some odd reason or another or not. As many have already posted on this thread - do it in the US if you have the time. I did my passport renewal from the SFO office a couple years ago and it was a simple straightforward process by mail (2-3 weeks).
more...
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HV000
04-03 11:21 AM
I was hoping that AILA would ask questions on capturing unused visa numbers and EB visa usage per year from USCIS!
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sayonara
09-14 11:26 AM
I have asked my attorney for any updates/receipts that might have been delivered to his office...lets see if that takes us anywhere.
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optimystic
04-01 06:44 PM
Before Nebraska service center retrogressed their processing dates I was able to speak with an IO. I asked her a few questions relevant to this.
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
Looks like you may have gotten lucky with the IO that you encountered over the phone. I just tried reaching a level 2 officer. Unfortunately Nebraska center is closed at this time, so I got transferred to the national service center and possibly to a level 1 case handler. She seemed very polite and even sounded quite young ( intern !? ) . Here's transcript
She ran me thru several questions, default status update thats already on the online case status and finally I steered towards more specific questions
1) I wanted to check the status of my case, the online status has shown no updates since 7 or 8 months. Specifically was a namecheck initiated in my case?
A) Sorry sir, you have to make an Infopass appt for that, I have no access to that info.
2) Usually it should be initiated soon after receipt date, and completed within 180 days, right?
A) Yes sir, as per the new 180 day rule (seems to be aware of the new rule :) ), it should be done, but I can't tell you whether it has been initiated yet or not, or if it has been cleared. But if you doubt that it has been initiated and its been more than 180 days, then there's the new provision in law that your cards should be ordered immdtly, if everything else checks out (like PD etc). You have to make an InfoPass appt to get this info.
3) Can I place a Service request over the phone instead?
A) Your case is outside of our current processing date limits. You have to be atleast 30 days older than the current processing date at your case service center to initiate a service request.
4) When do you think the Processing dates will catch up with my receipt date?
A) The computer shows me that it will currently take 53 days (w.t.f !!) to get to your case !
I will probably give another try tomorrow during normal working times of NSC. Hopefully get to an IO who can tell the namecheck status.
But if its been cleared, then what next?? Just wait to see the PRD get stuck at July 2, 2007 eternally ???
I mean what cases are they processing ??? My PD is EB3 May 2001 !! Probably very near to front of queue. How many potential approvable *current* cases could there be that need to be processed before mine? How to get this information? Will an Infopass help to get such information?
If not then, whats the point of taking an InfoPass?
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
Looks like you may have gotten lucky with the IO that you encountered over the phone. I just tried reaching a level 2 officer. Unfortunately Nebraska center is closed at this time, so I got transferred to the national service center and possibly to a level 1 case handler. She seemed very polite and even sounded quite young ( intern !? ) . Here's transcript
She ran me thru several questions, default status update thats already on the online case status and finally I steered towards more specific questions
1) I wanted to check the status of my case, the online status has shown no updates since 7 or 8 months. Specifically was a namecheck initiated in my case?
A) Sorry sir, you have to make an Infopass appt for that, I have no access to that info.
2) Usually it should be initiated soon after receipt date, and completed within 180 days, right?
A) Yes sir, as per the new 180 day rule (seems to be aware of the new rule :) ), it should be done, but I can't tell you whether it has been initiated yet or not, or if it has been cleared. But if you doubt that it has been initiated and its been more than 180 days, then there's the new provision in law that your cards should be ordered immdtly, if everything else checks out (like PD etc). You have to make an InfoPass appt to get this info.
3) Can I place a Service request over the phone instead?
A) Your case is outside of our current processing date limits. You have to be atleast 30 days older than the current processing date at your case service center to initiate a service request.
4) When do you think the Processing dates will catch up with my receipt date?
A) The computer shows me that it will currently take 53 days (w.t.f !!) to get to your case !
I will probably give another try tomorrow during normal working times of NSC. Hopefully get to an IO who can tell the namecheck status.
But if its been cleared, then what next?? Just wait to see the PRD get stuck at July 2, 2007 eternally ???
I mean what cases are they processing ??? My PD is EB3 May 2001 !! Probably very near to front of queue. How many potential approvable *current* cases could there be that need to be processed before mine? How to get this information? Will an Infopass help to get such information?
If not then, whats the point of taking an InfoPass?
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sanjay02
04-16 08:49 PM
When we use AC-21 and change jobs, and when we travel out of the country on using AP while coming back , at the POE if the immigration officer asks if you are working for the same employer, and you say no, then what are the risks involved?
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abh
07-31 02:07 PM
I need to cal USCIS and talk to CSR about our transfers. I looked for the thread with USCIS Button Sequence which gets directly to CSR. Can Anyone please post if for me?
Thanks
Thanks
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Soul
01-03 08:34 AM
Yay! :beam: Thanks everybody for your votes! :P
Sorry Lost, I liked yours =)
Anyway, whos gonna start the next pixel battle? With more people this time so maybe a longer deadline. Can I start it? I got a good challenging theme ;)
- Soul :goatee:
Sorry Lost, I liked yours =)
Anyway, whos gonna start the next pixel battle? With more people this time so maybe a longer deadline. Can I start it? I got a good challenging theme ;)
- Soul :goatee:
more...
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Ramba
09-25 12:34 PM
I recently moved to CA (San Diego). I have a DL valid till 2011, from the state where I lived before. Now, I am in AOS pending status. No more H1B visa and I-94 expired long time back. I have EAD and AP. If I go to DL office for california DL,what will be the validity period? Will it be till the EAD ( which is going to expire in next 3 months ) ? In this case I do not want to show my EAD to apply the licence. Will they accept 485 recipt notice to prove my legal status in USA ? Will they give five year license in this case?
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prav27
05-24 12:28 PM
Done !
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gautamagg
07-20 02:27 AM
As some of you know that I don't really post on IV after the belittling of my posts and stand regarding F1 visas and support to Mr , I was asked by another IV loyalist friend who felt it was relevant I shared a letter I had sent to Mr. E Gonzalez over email yesterday as learnt of this issue yesterday.
Dear Mr. Gonzalez
I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.
Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?
On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.
The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:
Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.
After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.
Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html
Thanks
Gautam
Dear Mr. Gonzalez
I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.
Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?
On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.
The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:
Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.
After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.
Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html
Thanks
Gautam
kiran_k02
03-22 09:38 PM
Hello,
Yes, as my PD is Feb 2005, this implies that the case has been pre-adjudicated as of now pending new finger prints.
My case was originally at NSC, was then send to MSC (National Benefits Center) and then was sent to local USCIS office in San Francisco where I went for an interview and then had this request for documents. The processing dates for San Francisco field office as of now for I-485 are Aug 1, 2008. So, I'm assuming that they have cleared all the cases that reached them by 31 July 2008 and that NSC sent my case file to them by 31st July 2008.
The IO who interviewed me was different than the one who has worked on my case since.
Yes, thanks for the wishes...but in this process, nothing is certain till the physical receipt of the cards, right? :)
PS: As far as I know, fingerprints and medical records are the two documents that may expire...apart from the applicant! ;)
Good reminder to all of us, which we keep forgetting (about our own expiry) :).
Anyway, I would suggest to cut short your trip if possible and finish this pending work ASAP.
In any case, my wishes are with you, even though you are cutting the line :).
Yes, as my PD is Feb 2005, this implies that the case has been pre-adjudicated as of now pending new finger prints.
My case was originally at NSC, was then send to MSC (National Benefits Center) and then was sent to local USCIS office in San Francisco where I went for an interview and then had this request for documents. The processing dates for San Francisco field office as of now for I-485 are Aug 1, 2008. So, I'm assuming that they have cleared all the cases that reached them by 31 July 2008 and that NSC sent my case file to them by 31st July 2008.
The IO who interviewed me was different than the one who has worked on my case since.
Yes, thanks for the wishes...but in this process, nothing is certain till the physical receipt of the cards, right? :)
PS: As far as I know, fingerprints and medical records are the two documents that may expire...apart from the applicant! ;)
Good reminder to all of us, which we keep forgetting (about our own expiry) :).
Anyway, I would suggest to cut short your trip if possible and finish this pending work ASAP.
In any case, my wishes are with you, even though you are cutting the line :).
brb2
10-06 03:21 PM
desibechara
I empathize with your position. I think when one door closes other windows open up. 10 years from now, you may feel that this was the best thing that happened to you - going to Canada. Your son is a USC, so he can come back anytime he wants. Best wishes in any case.
well..I have been waiting for my labor certifcation to get certfied for too long. just after Sep 11 I applied both for US GC and Canadian PR. My wife also applied for her GC. meanwhile her GC moved to regional when suddenly DOL thought it was time to regroup and there it went into BPC. In the meantime we got canadian PR some 2 years ago but we did not move thinking that we have jobs here.Then she got pregnant and lot of complications ( premature labor) and during those complications her company got acquired by another bigger firm who thought they don't need her..and result was job loss plus GC into the trash....meanwhile my labor certification even after 5 years was still sleeping in EB3 category(PD Oct, 2001) when i still have Masters( god knows why my lawyer put into that category)..Now my canadian PR was set to expire in march, 2007..so I thought i should decide fast..and i applied for jobs..and I got offer in vancouver with moving expenses paid from califronia..It has been the toughest decision because my employer is Indian here in california..and I have had good growth(10% average) but not the way I had wanted..I guess he also exploits..Indian exploiting another Indian..because they know I am not going anywhere..plus we work hard.. I asked him to match what was being offered in vancouver..and he started converting CAD into USD..well..it is not fair..So I have decided to heck with US and the Employer..and move on...at least I can come back..it is not an easy move because my son being premature child had lot of free facilities in california..hopefully he will get the same in Vancouver until he gets to 3 years ..and then it stops..
I have been in this country too long..and I guess one should settle down rather just wait for them to give GC...reading the other post about one lady whose EAD card got expired just tells me that how inconsistent this GC process can be and right until the end...
Anyway that is all for now
desibechara
I empathize with your position. I think when one door closes other windows open up. 10 years from now, you may feel that this was the best thing that happened to you - going to Canada. Your son is a USC, so he can come back anytime he wants. Best wishes in any case.
well..I have been waiting for my labor certifcation to get certfied for too long. just after Sep 11 I applied both for US GC and Canadian PR. My wife also applied for her GC. meanwhile her GC moved to regional when suddenly DOL thought it was time to regroup and there it went into BPC. In the meantime we got canadian PR some 2 years ago but we did not move thinking that we have jobs here.Then she got pregnant and lot of complications ( premature labor) and during those complications her company got acquired by another bigger firm who thought they don't need her..and result was job loss plus GC into the trash....meanwhile my labor certification even after 5 years was still sleeping in EB3 category(PD Oct, 2001) when i still have Masters( god knows why my lawyer put into that category)..Now my canadian PR was set to expire in march, 2007..so I thought i should decide fast..and i applied for jobs..and I got offer in vancouver with moving expenses paid from califronia..It has been the toughest decision because my employer is Indian here in california..and I have had good growth(10% average) but not the way I had wanted..I guess he also exploits..Indian exploiting another Indian..because they know I am not going anywhere..plus we work hard.. I asked him to match what was being offered in vancouver..and he started converting CAD into USD..well..it is not fair..So I have decided to heck with US and the Employer..and move on...at least I can come back..it is not an easy move because my son being premature child had lot of free facilities in california..hopefully he will get the same in Vancouver until he gets to 3 years ..and then it stops..
I have been in this country too long..and I guess one should settle down rather just wait for them to give GC...reading the other post about one lady whose EAD card got expired just tells me that how inconsistent this GC process can be and right until the end...
Anyway that is all for now
desibechara
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