pointlesswait
02-25 12:47 PM
I had emailed CIS Ombudsman's requesting temporary relief in such uncertain times...by allowing ppl to file for AOS..even if their PD is not current.
They replied to me ..but i think a more co-ordinated and deluge of such requests will make them take this issue seriously.
I think desi3933 is right -- that one cannot file AOS without PD being current. However, this does not mean we should give up pursuing our goal. The secretary of DHS specially made it clear that she is willing to push for changes both regulatory AND legislative. But before putting in any effort, she will need to know what changes to push for. She even specifically mentioned the issue with pre-application of AOS, which seems to me a real good chance to get the message delivered.
Just for starters, here are the benefits I can think of about pre-filing of AOS:
- By having all applications on file, let USCIS better predict case load and allow DOS Visa Office to make informed decision on Cutoff Date movements
- Create more revenue for USICS (DHS) via AP and EAD applications
- Reduce the work load of Overseas Consulates when applicants with AP does not have to apply re-entry H1B visa.
- Many H1B visa holders have to go through the administrative procedure when applying re-entry visa. This process is more or less a duplicate with the background check required for green card application. When the applicant is allowed to travel with AP, the effort of background check is consolidated and allow resources to be better utilized.
- EAD allows applicants more freedom to change job, this will results in better resource distribution to accommodate the rapid changes of the economy, and it makes the market the most important factor to determine wages.
Please add whatever you feel missing to the points and maybe we'll come up with a formal letter to communicate to the secretary.
Last, to address the concern that USCIS may be flooded by AOS applications from freshly off-the-boat H1B's, restrictions need to be put on the qualification of AOS. What I could think of is:
- Must have approved I-140 (immigration visa. I think this restriction makes the most sense)
- Must have priority date older than a certain number of years
- Must have been in the US legally for five years
- etc.
They replied to me ..but i think a more co-ordinated and deluge of such requests will make them take this issue seriously.
I think desi3933 is right -- that one cannot file AOS without PD being current. However, this does not mean we should give up pursuing our goal. The secretary of DHS specially made it clear that she is willing to push for changes both regulatory AND legislative. But before putting in any effort, she will need to know what changes to push for. She even specifically mentioned the issue with pre-application of AOS, which seems to me a real good chance to get the message delivered.
Just for starters, here are the benefits I can think of about pre-filing of AOS:
- By having all applications on file, let USCIS better predict case load and allow DOS Visa Office to make informed decision on Cutoff Date movements
- Create more revenue for USICS (DHS) via AP and EAD applications
- Reduce the work load of Overseas Consulates when applicants with AP does not have to apply re-entry H1B visa.
- Many H1B visa holders have to go through the administrative procedure when applying re-entry visa. This process is more or less a duplicate with the background check required for green card application. When the applicant is allowed to travel with AP, the effort of background check is consolidated and allow resources to be better utilized.
- EAD allows applicants more freedom to change job, this will results in better resource distribution to accommodate the rapid changes of the economy, and it makes the market the most important factor to determine wages.
Please add whatever you feel missing to the points and maybe we'll come up with a formal letter to communicate to the secretary.
Last, to address the concern that USCIS may be flooded by AOS applications from freshly off-the-boat H1B's, restrictions need to be put on the qualification of AOS. What I could think of is:
- Must have approved I-140 (immigration visa. I think this restriction makes the most sense)
- Must have priority date older than a certain number of years
- Must have been in the US legally for five years
- etc.
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arunmurthy
09-29 10:31 PM
I bought my own private jet and I travel in that only. On top of it , to keep an eye on my own private jet's schedule(which flies only for me) I got website developed as well.
Also, I got 5 strippers (sorry air hostess) to entertain me during the flight. Guys if you want to fly in my Private jet and avail all the facilities on board please call my dreamland office and speak to Ms. Fantasy and book up a ticket to neverland.
Adios
Guys like you are a disgrace.
When a serious discussion is going on, do you really have to post??
Just shut up and donate to IV by selling your jet!
Also, I got 5 strippers (sorry air hostess) to entertain me during the flight. Guys if you want to fly in my Private jet and avail all the facilities on board please call my dreamland office and speak to Ms. Fantasy and book up a ticket to neverland.
Adios
Guys like you are a disgrace.
When a serious discussion is going on, do you really have to post??
Just shut up and donate to IV by selling your jet!
saileshdude
03-21 12:56 AM
Great!
With this info, your attorney can easily demonstrate that you were authorized to work for "Employer 2" at all times since last entry in the USA until date of filing for I-485.
There is nothing to worry about, IMHO.
Good Luck.
Thats what people need to understand that if u are doing AOS from H1 then you have to make sure that 1) Either you continue to use H1 with the proper employer or 2) If you decide to use EAD that you update the I-9 form properly with respective employers. You cannot involve into unauthorized work like say your h1 expired with current employer and you did not update your I-9 form to use EAD and say 4 months down the road you put in the new I-9 form with EAD info. Those 4 months of work would be considered unauthorized and yes it will impact your I-485.
With this info, your attorney can easily demonstrate that you were authorized to work for "Employer 2" at all times since last entry in the USA until date of filing for I-485.
There is nothing to worry about, IMHO.
Good Luck.
Thats what people need to understand that if u are doing AOS from H1 then you have to make sure that 1) Either you continue to use H1 with the proper employer or 2) If you decide to use EAD that you update the I-9 form properly with respective employers. You cannot involve into unauthorized work like say your h1 expired with current employer and you did not update your I-9 form to use EAD and say 4 months down the road you put in the new I-9 form with EAD info. Those 4 months of work would be considered unauthorized and yes it will impact your I-485.
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Dakota Newfie
02-13 09:33 AM
Schedule A is basically limited to nurses and physiotherapists - I have not heard of any others being included. Radiology professions (MRI, CT techs, etc.) are in high demand but are not include, though i don't know why?
more...
Dhundhun
11-15 03:50 PM
"On thanksgiving day, we (EB immigration people) fast, while America feasts". Idea is good, but how to make is sure that fasting is done, and convey that people are fasting?
A seperate thread is required for this.
A seperate thread is required for this.
wa_Saiprasad
07-17 11:09 AM
My company�s law firm is ReinhartLaw.com. I would any day say they are REALLY REALLY GOOD. In depth knowledge and vast experience in immigration law. They are very patient and listen to all your questions and give you a very meaningful and elaborative answer. They are quick in responding to your questions and very supportive.
I am VERY HAPPY that my company chose them. I cannot ask for anything better.
I am VERY HAPPY that my company chose them. I cannot ask for anything better.
more...
TheOmbudsman
07-19 03:24 PM
I am sorry to tell you that by going to Canada, in the end you may be better off going back home. I lived there as a PR and I have many Canadian citizens that are tired of the lame system back in the Socialist Canada.
Still your end in mind is US. Ok when I have a job in US and waiting in retrogression, what is the adavantage of having canadian PR and moving there unless otherwise you get a jump in career.
Just becos it is retrogressed and you have canadina PR, there is no advantage in moving to Canada.
Still your end in mind is US. Ok when I have a job in US and waiting in retrogression, what is the adavantage of having canadian PR and moving there unless otherwise you get a jump in career.
Just becos it is retrogressed and you have canadina PR, there is no advantage in moving to Canada.
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gk_2000
03-27 10:26 AM
Are you high from last night. That's exactly what I said - donate and be united. I don't have time to argue - I'm outta here.
No, merely not had my coffee yet :) :p
No, merely not had my coffee yet :) :p
more...
naveenarjun
05-31 02:35 PM
According to thomas this amendment was ordered to "lie on the table". So there isn't much to celebrate:( :( :(
Where does it say that?REad the page properly..this is still up for consideration..So lets be positive..
102. S.AMDT.1249 to S.1348 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Cantwell, Maria [WA] (introduced 5/24/2007) Cosponsors (3)
Latest Major Action: 5/24/2007 Senate amendment submitted
http://thomas.loc.gov/cgi-bin/bdquery/L?d110:./temp/~bdanzjI:1[1-108](Amendments_For_S.1348)&./temp/~bd2M4C
Where does it say that?REad the page properly..this is still up for consideration..So lets be positive..
102. S.AMDT.1249 to S.1348 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Cantwell, Maria [WA] (introduced 5/24/2007) Cosponsors (3)
Latest Major Action: 5/24/2007 Senate amendment submitted
http://thomas.loc.gov/cgi-bin/bdquery/L?d110:./temp/~bdanzjI:1[1-108](Amendments_For_S.1348)&./temp/~bd2M4C
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probe
01-12 01:06 PM
Count me in I can contribute 500$
more...
Jitamitra
11-15 11:56 AM
Sounds like a good idea. It surely does touch them emotionally. Next year would be really tough with the elections coming around the corner. Let's put our voice before the year ends.
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rbharol
11-08 10:38 AM
As we have been learning, majority of the American public (including your neighbors) associate immigration reform with illegal immigration. Now if you ask them politely and ask whether they support immigration for highly skilled/highly educated individuals (already in the US working), you will hear no protests.
So basically, it boils down to awareness. When we have people affected by retrogression, unaware of the issues, how can we expect a lawmaker to know the inner details?
Just contact the lawmaker's office for creating awareness. Pro/anti-immigration is an after-thought.
Correct. No matter what is the party affliation, if you explain the hardships
of Skilled Workers and their issues, people agree that they should get relief..
(unless offcourse if you are talking to KKKs!)
IV I think has done a great job in spreading awareness.
So basically, it boils down to awareness. When we have people affected by retrogression, unaware of the issues, how can we expect a lawmaker to know the inner details?
Just contact the lawmaker's office for creating awareness. Pro/anti-immigration is an after-thought.
Correct. No matter what is the party affliation, if you explain the hardships
of Skilled Workers and their issues, people agree that they should get relief..
(unless offcourse if you are talking to KKKs!)
IV I think has done a great job in spreading awareness.
more...
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justAnotherFile
03-19 11:02 PM
Please read section 405 of Bill Frists summary for his bill
http://frist.senate.gov/_files/031706section.pdf
It clearly mentions that the immediate application of I-140 and I-485 applies to f-4 visa holders only that too if they find a job in their field within 1 yr of graduating. and on payin $1000
it remains to be seen which category is elgibile for f-4 (only phds or more). it is possible that some current students on f-1 will be eligible for conversion to f-4.
for rest of f-1 students it simply allows for 2 yr OPT instead of curretn 1 yr.
it also implies that the labor cert exemption does not apply to already graduated MS or PhD STEM degree holders with or without 3 yrs exp.
my 2 cents
http://frist.senate.gov/_files/031706section.pdf
It clearly mentions that the immediate application of I-140 and I-485 applies to f-4 visa holders only that too if they find a job in their field within 1 yr of graduating. and on payin $1000
it remains to be seen which category is elgibile for f-4 (only phds or more). it is possible that some current students on f-1 will be eligible for conversion to f-4.
for rest of f-1 students it simply allows for 2 yr OPT instead of curretn 1 yr.
it also implies that the labor cert exemption does not apply to already graduated MS or PhD STEM degree holders with or without 3 yrs exp.
my 2 cents
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franklin
09-22 12:45 PM
This question is not to undermine the effort, which was tremendous but just from a realistic point of view...
I'm just curious to know how long it will take (or rather how long we are prepared to wait) for the impact of this rally to be felt and what are the changes that can be expected from USCIS as a result ?
Say, after waiting for a few months, status quo continues, what further actions are planned to persist with IV's cause (i.e. more rallies or by other means) ?
If the same question has been already raised, please ignore.
Thanks.
Change always takes time. Being in DC and visiting lawmakers was an incredible crash course for me in the practicalities of American politics. It was fascinating. I have to say it was one of the most satisfying things I've ever done in my life.
Whilst we are pushing for rapid changes, the realties are that building the type of relationships that we were doing in DC can take time to foster change
Anyway - lets close the thread. I was hoping to get some better information about how we can improve our motivation techniques for the future. I got many answers...
I'm just curious to know how long it will take (or rather how long we are prepared to wait) for the impact of this rally to be felt and what are the changes that can be expected from USCIS as a result ?
Say, after waiting for a few months, status quo continues, what further actions are planned to persist with IV's cause (i.e. more rallies or by other means) ?
If the same question has been already raised, please ignore.
Thanks.
Change always takes time. Being in DC and visiting lawmakers was an incredible crash course for me in the practicalities of American politics. It was fascinating. I have to say it was one of the most satisfying things I've ever done in my life.
Whilst we are pushing for rapid changes, the realties are that building the type of relationships that we were doing in DC can take time to foster change
Anyway - lets close the thread. I was hoping to get some better information about how we can improve our motivation techniques for the future. I got many answers...
more...
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Macaca
09-17 02:27 PM
Some people hear
their own inner voices
with great clearness.
And they live by what they hear.
Such people become crazy ...
or they become legend
Jim Harrison, Legend of the Falls
their own inner voices
with great clearness.
And they live by what they hear.
Such people become crazy ...
or they become legend
Jim Harrison, Legend of the Falls
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amsgc
08-19 03:32 PM
Thank you for the clarification.
The fact that you have come here to share your experience and give some insight tells us that you probably care (about Fragomen and its clients). Please stick around, and update your details on IV.
Thanks.
Fragomen employees are told they represent the company. The company is their client. They are a corporate law firm. There are instances when the law firm represents you, the foreign national. Usually this is when you are applying via a marriage based case, or are in the final green card process and it has reached portability. There is information that law firms cannot release to you as some information requested belongs to the client, and they must receive authorization from the client. Yes, I used to work for Fragomen, before anyone wants to assume anything. I was a paralegal and worked hard for every case that was given into my hands. I specialized in the green card process and made sure I responded to every foreign national as quickly as I can. Please understand that paralegals and legal assistants are subject to the attorneys they work for. Therefore, some questions you may ask require an attorney to respond, and the paralegal or legal assistant's delay may be in trying to get the answer you require. I know not all Fragomen offices work the same. Not all will respond to you in the same manner. Some may be worse than others. So if you are going to defame Fragomen, would you please try to specify which office you are referring to?
I have read through all the posts on this thread and I know some of you have positive experiences, while others have had very negative experiences. To those of you who have had negative experiences, I am sorry that your case went to someone who only looked at their work as a job. For me, each one of my foreign nationals were special cases, each required as much care and concern that I could give them. None of my cases were ever denied. I wish you all the best in this process. I know it is a long and, many times, frustrating process, especially with countless delays due to either the law firm, your company, or the government.
And for the person who had asked about the prevailing wage, it comes from the state employment department, not the federal government. Some offices work faster than others. When a prevailing wage comes back higher than what you are making, the law firm then has to go back to the employer to find a resolution, which can mean either an increase in the salary once you have received the green card, or confirmation that is what you will be making at that time, or a reduction in the requirements, which can sometimes take a case from EB2 to the EB3 visa category.
The fact that you have come here to share your experience and give some insight tells us that you probably care (about Fragomen and its clients). Please stick around, and update your details on IV.
Thanks.
Fragomen employees are told they represent the company. The company is their client. They are a corporate law firm. There are instances when the law firm represents you, the foreign national. Usually this is when you are applying via a marriage based case, or are in the final green card process and it has reached portability. There is information that law firms cannot release to you as some information requested belongs to the client, and they must receive authorization from the client. Yes, I used to work for Fragomen, before anyone wants to assume anything. I was a paralegal and worked hard for every case that was given into my hands. I specialized in the green card process and made sure I responded to every foreign national as quickly as I can. Please understand that paralegals and legal assistants are subject to the attorneys they work for. Therefore, some questions you may ask require an attorney to respond, and the paralegal or legal assistant's delay may be in trying to get the answer you require. I know not all Fragomen offices work the same. Not all will respond to you in the same manner. Some may be worse than others. So if you are going to defame Fragomen, would you please try to specify which office you are referring to?
I have read through all the posts on this thread and I know some of you have positive experiences, while others have had very negative experiences. To those of you who have had negative experiences, I am sorry that your case went to someone who only looked at their work as a job. For me, each one of my foreign nationals were special cases, each required as much care and concern that I could give them. None of my cases were ever denied. I wish you all the best in this process. I know it is a long and, many times, frustrating process, especially with countless delays due to either the law firm, your company, or the government.
And for the person who had asked about the prevailing wage, it comes from the state employment department, not the federal government. Some offices work faster than others. When a prevailing wage comes back higher than what you are making, the law firm then has to go back to the employer to find a resolution, which can mean either an increase in the salary once you have received the green card, or confirmation that is what you will be making at that time, or a reduction in the requirements, which can sometimes take a case from EB2 to the EB3 visa category.
more...
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H4_losing_hope
02-29 07:37 PM
At my workplace, about 50% of them have have signed this letter now! This is including but not limited to employees with an immigrant background ( including but not limied to the Indians and the Chinese!)
My tally is now up to 253. Expecting another 2 this evening from a friend who got it from 2 of his own friends.
Recruit friends & strangers to help you, then follow up a little bit, it helps!
Exciting stuff. I am at 237 and there is a chance I will get some this weekend so I will take care of those last ones. Come on folks, please do the best you can.
My tally is now up to 253. Expecting another 2 this evening from a friend who got it from 2 of his own friends.
Recruit friends & strangers to help you, then follow up a little bit, it helps!
Exciting stuff. I am at 237 and there is a chance I will get some this weekend so I will take care of those last ones. Come on folks, please do the best you can.
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m306m
04-29 01:40 PM
Update: In the subcommittee hearing tomorrow let us expect our issues raised. IV has successfully communicated issues of IV community to the subcommittee members. Let us wait to see if all of those are addressed in questions. This is all possible due to support of members who contribute to help us with lobbying efforts.
Thanks Pappu for the update.
Thanks Pappu for the update.
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smehta1
06-19 09:53 PM
http://www.signonsandiego.com/news/politics/20070619-1542-cnsimmigration.html
By Jerry Kammer
COPLEY NEWS SERVICE
3:42 p.m. June 19, 2007
WASHINGTON � Carlsbad Rep. Brian Bilbray and other �anti-amnesty� House Republicans delivered a sharp warning Tuesday that compromise immigration legislation pending in the Senate faces raucous and determined opposition if it reaches the House.
�The way you stop illegal immigration is not to start by announcing that you're going to reward illegal immigration,� said Bilbray, chairman of the 107-member Immigration Reform Caucus.
Advertisement
The group, made up of 100 Republicans and seven Democrats, opposes the Senate and Bush administration proposal to legalize the nation's 12 million illegal immigrants as part of a broad package of immigration reforms.
The Senate recently debated and shelved the proposal but is moving toward a second round of debate. If the Senate passes it, attention then will shift to the House.
Last year, with Republicans controlling both sides of Capitol Hill, the House passed an enforcement-only bill while the Senate approved a sweeping legalization. With the two chambers moving in opposite directions, both bills died.
This year, Democrats control both the House and Senate. For that reason, it is unclear whether Bilbray and his largely Republican caucus would be able to defeat the legalization legislation again this year.
However, that didn't stop them from talking tough Tuesday in rejecting the latest gambit by proponents in the Senate to win over balky Republicans � a promise to spend $4.4 billion on border enforcement.
�Only in Washington would people believe that throwing money at the problem is going to solve it,� said Bilbray. �This is a blatant attempt by senators to extort votes so they can fast track an amnesty plan.�
�It's time to be resolute; it's time to show some backbone, and it's time to stop amnesty,� said Peter King, R-N.Y., who added that he would soon introduce enforcement-only legislation that would require a crackdown both at the border and at the workplace.
Bilbray claimed that public outrage against the Senate bill has stunned many Democrats, making them wary of supporting the Senate approach.
The Senate could take up the immigration bill late this week, beginning votes on a series of amendments expected to be presented by Republicans and Democrats. A final vote on the measure could come as soon as next week.
Senate passage would send the bill to the House, where it would go through a subcommittee that includes several outspoken critics of legalization.
Tamar Jacoby of the conservative Manhattan Institute, a proponent of legalization, said the fight in the House, if it occurs, �is going to be bitter. It's going to be hand-to-hand combat.�
By Jerry Kammer
COPLEY NEWS SERVICE
3:42 p.m. June 19, 2007
WASHINGTON � Carlsbad Rep. Brian Bilbray and other �anti-amnesty� House Republicans delivered a sharp warning Tuesday that compromise immigration legislation pending in the Senate faces raucous and determined opposition if it reaches the House.
�The way you stop illegal immigration is not to start by announcing that you're going to reward illegal immigration,� said Bilbray, chairman of the 107-member Immigration Reform Caucus.
Advertisement
The group, made up of 100 Republicans and seven Democrats, opposes the Senate and Bush administration proposal to legalize the nation's 12 million illegal immigrants as part of a broad package of immigration reforms.
The Senate recently debated and shelved the proposal but is moving toward a second round of debate. If the Senate passes it, attention then will shift to the House.
Last year, with Republicans controlling both sides of Capitol Hill, the House passed an enforcement-only bill while the Senate approved a sweeping legalization. With the two chambers moving in opposite directions, both bills died.
This year, Democrats control both the House and Senate. For that reason, it is unclear whether Bilbray and his largely Republican caucus would be able to defeat the legalization legislation again this year.
However, that didn't stop them from talking tough Tuesday in rejecting the latest gambit by proponents in the Senate to win over balky Republicans � a promise to spend $4.4 billion on border enforcement.
�Only in Washington would people believe that throwing money at the problem is going to solve it,� said Bilbray. �This is a blatant attempt by senators to extort votes so they can fast track an amnesty plan.�
�It's time to be resolute; it's time to show some backbone, and it's time to stop amnesty,� said Peter King, R-N.Y., who added that he would soon introduce enforcement-only legislation that would require a crackdown both at the border and at the workplace.
Bilbray claimed that public outrage against the Senate bill has stunned many Democrats, making them wary of supporting the Senate approach.
The Senate could take up the immigration bill late this week, beginning votes on a series of amendments expected to be presented by Republicans and Democrats. A final vote on the measure could come as soon as next week.
Senate passage would send the bill to the House, where it would go through a subcommittee that includes several outspoken critics of legalization.
Tamar Jacoby of the conservative Manhattan Institute, a proponent of legalization, said the fight in the House, if it occurs, �is going to be bitter. It's going to be hand-to-hand combat.�
vandanaverdia
09-10 03:02 PM
Guys... get off & come to DC & join the rally!!! This is your chance to make a difference!!!
SITTING ON THE FENCE HAS HELPED NOBODY!!!
SITTING ON THE FENCE HAS HELPED NOBODY!!!
Libra
09-19 08:05 PM
andy.......relax man.......they means senators who representing illegals not illegal immigrants.....chill out man.......no offence but you always say something -ve, dont know why
If we support DREAM act, they will support SKIL bill.
Who are they?, they do not have any voice or vote anywhere. They are ILLEGAL, they broke the law.
If we support DREAM act, they will support SKIL bill.
Who are they?, they do not have any voice or vote anywhere. They are ILLEGAL, they broke the law.
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