stucklabor
07-24 12:42 PM
It all depend how we interpret the law.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
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insbaby
07-18 05:02 AM
USCIS did not say that they will return the application and they should be refilled.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
imh1b
11-19 10:34 AM
why cant they spell out the damn rule.. instead of leaving it out for speculations...
insane!
Did you file the lawsuit yet?
Someone please update on the lawsuit to enforce visa spill over
insane!
Did you file the lawsuit yet?
Someone please update on the lawsuit to enforce visa spill over
2011 In 2010, the Bruins had a
engineer
06-12 11:57 AM
CIR needs to die for the simple reason that the processing workload for the illegals on the USCIS will add another 3 years of wait for everybody. Simple fact of the matter is that the system has not finished recovering from the last 245(i) amnesty that ended in 2001. That was when the DOL received 6 years of applications in one week and everybody ended up waiting 3 years or more.
I agree. IV must think of a strategy where they can lobby to get just provisions for legal and highly skilled immigrants approved as seperate bill.
If we couple this with illegals then no body is going to pay attention.
I agree. IV must think of a strategy where they can lobby to get just provisions for legal and highly skilled immigrants approved as seperate bill.
If we couple this with illegals then no body is going to pay attention.
more...
pappu
09-10 09:38 AM
EB1 - all current
|
|
\/
EB2 Applications with old Priority Dates (Mostly EB2 - India / China)
|
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\/
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| ( When above EB2 India/China gets current 2-3years? )
\/
EB3 Applications with old Priority Dates (Mostly EB3 - India / China/ Mexico)
.
Thank you for putting a link to my long post in your signature. I had forgotten about it. I tried to sum up my thoughts and tried to answer some EB3 I folks who fail to see the problems and solutions. They only see things from their narrow lens and have no idea of the realities. Some of them refuse to listen to us. But if a lawyer on some website tell them the same thing, they would not only listen to that lawyer but also praise the lawyer. I came across one member who even put a picture on his website because he may have felt that this lawyer is his savior to lobby congress for his green card dream. :) But he refused to listen to us and see reason. This only shows our community fails to believe in themselves and what they can do together. We will continue to live a life of suffering, waiting and tracking greencard, predicting visa bulletins and writing posts on the forums. This is the sad reality. I hope others who whine on the forums read that post and it prods them to wake up and do something about their 'depression'. Once you wake up and decide to do something, then contact IV. We will help you.
|
|
\/
EB2 Applications with old Priority Dates (Mostly EB2 - India / China)
|
|
\/
|
| ( When above EB2 India/China gets current 2-3years? )
\/
EB3 Applications with old Priority Dates (Mostly EB3 - India / China/ Mexico)
.
Thank you for putting a link to my long post in your signature. I had forgotten about it. I tried to sum up my thoughts and tried to answer some EB3 I folks who fail to see the problems and solutions. They only see things from their narrow lens and have no idea of the realities. Some of them refuse to listen to us. But if a lawyer on some website tell them the same thing, they would not only listen to that lawyer but also praise the lawyer. I came across one member who even put a picture on his website because he may have felt that this lawyer is his savior to lobby congress for his green card dream. :) But he refused to listen to us and see reason. This only shows our community fails to believe in themselves and what they can do together. We will continue to live a life of suffering, waiting and tracking greencard, predicting visa bulletins and writing posts on the forums. This is the sad reality. I hope others who whine on the forums read that post and it prods them to wake up and do something about their 'depression'. Once you wake up and decide to do something, then contact IV. We will help you.
thesparky007
02-16 08:55 PM
so!!!!!!!
none of them is free???
none of them is free???
more...
NKR
10-16 03:24 PM
So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.
Read your above sentence, then read your below sentence. If I try to find a relation between these two sentences I do not know what you are talking.
Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications.
Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?
Again I am not sure what you are saying but MY PD is in early 2004 and RD was in Aug, they moved my application to another centre and my new RD is Oct. then I saw 2006 and 2007 cases getting approved. This is not right, why are they going by RD and not on PD?.
I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.
Exactly dude, there should be some synchronization between DOL and USCIS. Just saying that USCIS is not responsible for DOL�s actions does not solve the problem, they can conveniently blame each other and take till eternity to process applications and you will keep saying the same thing that USCIS is not to be blamed.
Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.
No, you did not say that, all you said was USCIS is not doing anything wrong.
Read your above sentence, then read your below sentence. If I try to find a relation between these two sentences I do not know what you are talking.
Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications.
Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?
Again I am not sure what you are saying but MY PD is in early 2004 and RD was in Aug, they moved my application to another centre and my new RD is Oct. then I saw 2006 and 2007 cases getting approved. This is not right, why are they going by RD and not on PD?.
I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.
Exactly dude, there should be some synchronization between DOL and USCIS. Just saying that USCIS is not responsible for DOL�s actions does not solve the problem, they can conveniently blame each other and take till eternity to process applications and you will keep saying the same thing that USCIS is not to be blamed.
Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.
No, you did not say that, all you said was USCIS is not doing anything wrong.
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varshadas
12-18 09:11 AM
Hello Everyone,
Can we have the conference call again on Wednesday, 12/20/2006 at 9.00 PM EDT. Also, let me know if you think its a good idea to create an NJ yahoo group so we can all get notified instead of checking back in here every now and then.
Thanks,
Varsha
Can we have the conference call again on Wednesday, 12/20/2006 at 9.00 PM EDT. Also, let me know if you think its a good idea to create an NJ yahoo group so we can all get notified instead of checking back in here every now and then.
Thanks,
Varsha
more...
thirdworldman
03-11 03:25 PM
By "light linking" do you mean associating lights with specific objects?
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kalakotim
07-18 10:03 AM
Guys,
We all should be ok.One of my friends called USCIS several times and everytime he has been told that all the applications filed on July 2nd and after were put on HOLD. I wouldn't worry abt Greg's comments.
We all should be ok.One of my friends called USCIS several times and everytime he has been told that all the applications filed on July 2nd and after were put on HOLD. I wouldn't worry abt Greg's comments.
more...
go_guy123
03-09 06:42 PM
I came in 1999 and filed GC atleast 5 times (every time sometthing went bad), spent atleast 30,000 dollars. Applied for immigration to Australia and got rejected so the anguish is natural.
I also came in 1999. Why did you apply for Australian Immigration ? Australia is notorious for changing goalpost every now and then. Also if your Engineering Bachelors degree is outside the washington & sydney accord (mainly western countries....implicit filter to allow western countries), then chances are very low.
Canada immigration made more sense for you compared to Australia.
I also came in 1999. Why did you apply for Australian Immigration ? Australia is notorious for changing goalpost every now and then. Also if your Engineering Bachelors degree is outside the washington & sydney accord (mainly western countries....implicit filter to allow western countries), then chances are very low.
Canada immigration made more sense for you compared to Australia.
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mi2
01-17 03:43 PM
Setup through my bank.
Good job IV!
Good job IV!
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kumar4875
03-15 08:40 AM
Hi ,
I am looking for carpool who is driving from Baltimore area.
I live on 18 exit on 83 north.
will be driving via 83 south/695/95south/
any one in this route please email me.
I am looking for carpool who is driving from Baltimore area.
I live on 18 exit on 83 north.
will be driving via 83 south/695/95south/
any one in this route please email me.
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gcdreamer05
10-20 01:31 PM
Obama or Mccain or Joe the plumber whoever becomes the next president, the bottom line is, nothing is going to happen with regards to reforms for legal immigration atleast for teh first 1-2 years. So we are all still going to keep posting in IV forums, predicting VB dates and fighting between Eb2 and Eb3..... that is really the sad reality....... because these guys have far more important issues to deal and to steer titanic america.......
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gsc999
04-23 10:44 AM
This meeting was a success since IV was able to display support for the bill and also then follow up after the meeting. IV core members worked hard to make this event a success and we are happy to report this.
Many thanks to gsc999 for bringing a banner and wearing IV T shirt
---
Pappu, thank you for your kind words. I just had the T-shirt. Canadian_Dream brought the banner. Canadian_dream has been a very active member behind the scenes. Both of us coordinated this effort so that we could share the work. Next time we promise to be better prepared.
Go Northern California Group, Go IV!
Many thanks to gsc999 for bringing a banner and wearing IV T shirt
---
Pappu, thank you for your kind words. I just had the T-shirt. Canadian_Dream brought the banner. Canadian_dream has been a very active member behind the scenes. Both of us coordinated this effort so that we could share the work. Next time we promise to be better prepared.
Go Northern California Group, Go IV!
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ASR
06-06 05:14 PM
We got the "card production ordered" emails today. Here are our dates.
Labor Approved: 10/10/2006
I-140 AD: 11/27/2006
I-485 RD: 07/09/2007
EAD, AP: Sep/Oct 2007
RFE: 11/29/2007 Responded: 12/6/2007
LUD/AD: 6/6/2008 (Card Production Ordered)
Which service center are you form?
Labor Approved: 10/10/2006
I-140 AD: 11/27/2006
I-485 RD: 07/09/2007
EAD, AP: Sep/Oct 2007
RFE: 11/29/2007 Responded: 12/6/2007
LUD/AD: 6/6/2008 (Card Production Ordered)
Which service center are you form?
more...
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StarSun
02-02 08:28 AM
Members who have pledged airline miles or stay in the registration form, please use this thread.
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Naveen
04-07 08:12 AM
Well said! I came back first week of Feb 09 and no issues. Just usual jibber-jabber.
Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.
......
Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.
......
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Life2Live
07-13 03:29 PM
Please stop hurting messages..... No one can claim other people efforts for long.
All happened so far is the effort of all of us and everybody know about it. Why to get emotinal stop adding more messages to the topic that are not helping us. Please put a end and stop throwing messages now on this unless it is informative to us.
All happened so far is the effort of all of us and everybody know about it. Why to get emotinal stop adding more messages to the topic that are not helping us. Please put a end and stop throwing messages now on this unless it is informative to us.
24fps
02-19 07:42 AM
this bill will never pass at-least in the next 2 years! i can give you a guarantee on that!
these are just bills that the politicians introduce to showcase their views , there are already a few bills in the house that would eliminate extended family immigration etc, never gonna happen
no immigration bill is going to pass before 2010 ,and even after that it'll fall into election time
and become a political issue like in 2007
if there was no recession there would surely have been a serious immigration bill doing the rounds and would have pretty much cleared through ( after GOP figuring out that their screw up on CIR 2007 cost them the elections) but now with the F**K**D Recession everythings gone down the drain
Bad luck Bad timing
these are just bills that the politicians introduce to showcase their views , there are already a few bills in the house that would eliminate extended family immigration etc, never gonna happen
no immigration bill is going to pass before 2010 ,and even after that it'll fall into election time
and become a political issue like in 2007
if there was no recession there would surely have been a serious immigration bill doing the rounds and would have pretty much cleared through ( after GOP figuring out that their screw up on CIR 2007 cost them the elections) but now with the F**K**D Recession everythings gone down the drain
Bad luck Bad timing
trueguy
08-27 01:32 PM
Did anybody notice that FB I-485 processed numbers are same for every month. How USCIS can allocate same numbers to FB every month and not to EB. Wouldn't it be easy if they allocate annual quota of EB visas per month and any leftover from every month can be allocated to retrogressed countries in the same month.
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