srkamath
07-23 07:03 PM
Source of information ?
From what i inferred from the text of the law,
The 28.6% limits do apply to FB to EB spill overs, as the FB spillover from the prev FY is used to arrive at this year's EB limit.
The 28.6% limit cannot be applied to EB1 to EB2 to EB3 spillovers, because that would not make sense. From what i understood, if there are 10k spilling over from EB1 to EB2, then they all go to EB2 and are not shared 2860 each between Eb2 and Eb3.
Let me know if you agree with the above.
I also realized that, if ever there is a deluge of EB1 applications and it reaches the annual limit of 28.6%+(EB4+EB5)leftovers, then that's it for EB1 ! even if Eb2 orEB3 are undersubscribed!
Ironic isn't it? Strange is the INA.
From what i inferred from the text of the law,
The 28.6% limits do apply to FB to EB spill overs, as the FB spillover from the prev FY is used to arrive at this year's EB limit.
The 28.6% limit cannot be applied to EB1 to EB2 to EB3 spillovers, because that would not make sense. From what i understood, if there are 10k spilling over from EB1 to EB2, then they all go to EB2 and are not shared 2860 each between Eb2 and Eb3.
Let me know if you agree with the above.
I also realized that, if ever there is a deluge of EB1 applications and it reaches the annual limit of 28.6%+(EB4+EB5)leftovers, then that's it for EB1 ! even if Eb2 orEB3 are undersubscribed!
Ironic isn't it? Strange is the INA.
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snathan
08-16 06:06 PM
Its just highlighting the profiling because of name of religion or skin color. I agree world is not going to end but Indians need to be assertive to protect their own dignity.
In that case we have to do it everyday...not only when SRk was detained. are you doing that...no. Why?
In that case we have to do it everyday...not only when SRk was detained. are you doing that...no. Why?
Macaca
07-04 01:01 PM
My point is not to discourage any one, but when we wirte to media, folks will investigate all before they publish to main stream. We need to be fair and should provide the correct information, else we might loose the coverage.
This is important. I am updating my original template and putting the name of the person who said it. That person should be able to stand up when needed!
Also, please look at all possible holes in my points. We need to be rock solid!
This is important. I am updating my original template and putting the name of the person who said it. That person should be able to stand up when needed!
Also, please look at all possible holes in my points. We need to be rock solid!
2011 Zoom in to the Minions head,
RiaonH4
07-19 09:41 AM
--------------------------------------------------------------------------------
i have H1 (ETA 9035E) which has NAICS code and LCA code .. no ONET code....
My Green card labor ETA 9098 has NAICS (section C-8) same as my H1-B and SOC/O*NET(OES) code (section F-2) and nothing in Section H 10 - B ....
now what isthat i am suppose to match to use AC21. Employer only trannsfer H1B. Nothing is ususally done for 485 application unless RFE comes and we give USCIS a company letter showing job duties are same as previous job .....
what am i missing here cause i am surely missing something .....?????
Please suggest. Also people are mentioning score 100 with ONET code ... what is that and how is that used.
Please please suggest. This is so confusing !!!
-Ria
PS: this is for my husband .. a sucessful ac21 is required so that i can maintain my EAD (Derived)
i have H1 (ETA 9035E) which has NAICS code and LCA code .. no ONET code....
My Green card labor ETA 9098 has NAICS (section C-8) same as my H1-B and SOC/O*NET(OES) code (section F-2) and nothing in Section H 10 - B ....
now what isthat i am suppose to match to use AC21. Employer only trannsfer H1B. Nothing is ususally done for 485 application unless RFE comes and we give USCIS a company letter showing job duties are same as previous job .....
what am i missing here cause i am surely missing something .....?????
Please suggest. Also people are mentioning score 100 with ONET code ... what is that and how is that used.
Please please suggest. This is so confusing !!!
-Ria
PS: this is for my husband .. a sucessful ac21 is required so that i can maintain my EAD (Derived)
more...
smuggymba
07-27 08:17 AM
One basic note that Amway/Quixstar guys/preachers/creatures should understand is that "Not every business/job is for every one".
Few individuals can do only certain kinds of jobs. However, I notice that these Amway/Quixtar guys always project that, any dumbo can do this business (if followed rules). And also, they project that this is the only way earn money on this planet. If some one follows their own path (own ambitions), then they think that he/she is an idiot that they not joining them. For God's sake, Amway guys don't bug people. When some one said no means, Its NO. don't put pressure on strangers.
I will tell you my experience/observations with most of the Amway/Quixtar guys that I met.
1. They dream of early retirement, free money, free cruise trip, free vacations etc., where as in reality, they don't even buy good TV for them selves. I know few folks who purchased a 18 inches bathroom tv for $5.00. I am not against second hand a TV for less, but check the reality and see the difference between dreams and reality.
2. Forget about TV, it may not be an essential in life for everyone. I also noticed that they don't even purchase proper food/groceries. May be not are alike. I have see many in my past 15 years of life in US either in Bayarea or in Texas or in PA.
3. There was a Quixtar/Amway Summer conference few of years ago. I have seen 32 adult people stayed in a Single bedroom apartment (around 700 Sq Ft) for two nights. Yes, I literally counted people coming out of the door (right opposite to my apartment). I couldn't believe my eyes/brain initially but its truth.
I am not offending any one intentionally, but know the difference between reality and dreams.
These ppl just hang out at Walamart, Ikea, Malls and DMV and scour for desi ppl who are vulnerable and can be conned. The Amway guy I talked to spoke about retiring at 40 and making millions but was renting at 36 yrs himself and had a dingy old car. (I rent too but I don't plan to retire at 40 and make millions by conning ppl)
Few individuals can do only certain kinds of jobs. However, I notice that these Amway/Quixtar guys always project that, any dumbo can do this business (if followed rules). And also, they project that this is the only way earn money on this planet. If some one follows their own path (own ambitions), then they think that he/she is an idiot that they not joining them. For God's sake, Amway guys don't bug people. When some one said no means, Its NO. don't put pressure on strangers.
I will tell you my experience/observations with most of the Amway/Quixtar guys that I met.
1. They dream of early retirement, free money, free cruise trip, free vacations etc., where as in reality, they don't even buy good TV for them selves. I know few folks who purchased a 18 inches bathroom tv for $5.00. I am not against second hand a TV for less, but check the reality and see the difference between dreams and reality.
2. Forget about TV, it may not be an essential in life for everyone. I also noticed that they don't even purchase proper food/groceries. May be not are alike. I have see many in my past 15 years of life in US either in Bayarea or in Texas or in PA.
3. There was a Quixtar/Amway Summer conference few of years ago. I have seen 32 adult people stayed in a Single bedroom apartment (around 700 Sq Ft) for two nights. Yes, I literally counted people coming out of the door (right opposite to my apartment). I couldn't believe my eyes/brain initially but its truth.
I am not offending any one intentionally, but know the difference between reality and dreams.
These ppl just hang out at Walamart, Ikea, Malls and DMV and scour for desi ppl who are vulnerable and can be conned. The Amway guy I talked to spoke about retiring at 40 and making millions but was renting at 36 yrs himself and had a dingy old car. (I rent too but I don't plan to retire at 40 and make millions by conning ppl)
bazuka6
06-13 09:12 PM
Don't think of it as punishment. The US wants to allow a certain number of people to immigrate each year. The demand far outstrips the supply. That's where the problem is.
There are two ways to address this:
Increase the supply
Decrease the demand
Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.
The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.
I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.
so what are the ones that fall below on points supposed to do ? pack and leave after 10 plus years of being here ?
There are two ways to address this:
Increase the supply
Decrease the demand
Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.
The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.
I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.
so what are the ones that fall below on points supposed to do ? pack and leave after 10 plus years of being here ?
more...
kuhelica2000
02-15 04:47 PM
Dingudi,
I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.
I am an Indian and also came as a student giving GRE/TOEFL. So do not generalize that IT workers from India came here via L1/B1 route. Some of them did but some did not. I know lot of Indian who came here to study.
If India is producing more people qualified in these skills then its not their fault.
I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.
I am an Indian and also came as a student giving GRE/TOEFL. So do not generalize that IT workers from India came here via L1/B1 route. Some of them did but some did not. I know lot of Indian who came here to study.
If India is producing more people qualified in these skills then its not their fault.
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gc28262
01-19 11:18 AM
deleted distasteful contents ..........................
victimOfGc seems to be an expert in the other business !
victimOfGc seems to be an expert in the other business !
more...
PavanV
09-04 12:38 AM
Guyz,
Can you stop bickering about YSR, the mans gone !!. He has done a lot for backward castes and minorities
(from what i hear, gave reservations), I must say however that he had very bad reputation for being a Goonda during his college days, and a very notorious politician for proselytism. I have been to interior Andhra recently, it felt like I am in Rome, there is a church almost every 10 kms !!, people don't practice Christianity that vigorously over here in the US ! (no offence intended against Christianity). Hopefully folks who covert have a better life, the caste system did treat them very badly.
Peace.
Can you stop bickering about YSR, the mans gone !!. He has done a lot for backward castes and minorities
(from what i hear, gave reservations), I must say however that he had very bad reputation for being a Goonda during his college days, and a very notorious politician for proselytism. I have been to interior Andhra recently, it felt like I am in Rome, there is a church almost every 10 kms !!, people don't practice Christianity that vigorously over here in the US ! (no offence intended against Christianity). Hopefully folks who covert have a better life, the caste system did treat them very badly.
Peace.
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chmur
02-12 11:05 PM
Some of the events in the last week seem to indicate so ??
1. Writeoff FBI namechecks pending for > 180 Days
2. Moving EB3 dates in smaller increments . Eb3 India was moved by ~3 Months
Step 1 was crucial because this will enable USCIS to approve all the applications within 'Current Dates'. Atleast now, USCIS will know pretty clearly where they stand when they move the dates (in conjunction with DOS) , unlike last June fiasco.
Step 2 ; Moving the dates in reasonable increments indicates they do not want to loose control of approval process . Lot of 2003 /04 filers got GC's in last July at the cost 2001/2002 filers . It was obviously arbitrary once they made everything current and probably depended on how eager an officer was to grab those visa numbers for his /her cases. USCIS lost control over the process.
Regarding EB2 heart burn - Blame it on substitute filers, obviously most of the line breakers would have used EB2 rather than EB3. But I think eventually EB2 will get higher priority and move faster then EB3 once the Unused numbers from others categories gets distributed after June /July. Calm your nerves.
I only wish if they had streamlined the process in this fashion about 3-4 years back . We would have not lost 200,000 visas and most of the dates would have been current or at the most 2 years behind. Very reasonable.
Am I dreaming....has USCIS got it's act together??
I forget , IV was not around 3-4 years back.
But we cannot be too enthusiastic about these good news because unless those 200,000 numbers are recaptured the dates will soon get struck in near future .
1. Writeoff FBI namechecks pending for > 180 Days
2. Moving EB3 dates in smaller increments . Eb3 India was moved by ~3 Months
Step 1 was crucial because this will enable USCIS to approve all the applications within 'Current Dates'. Atleast now, USCIS will know pretty clearly where they stand when they move the dates (in conjunction with DOS) , unlike last June fiasco.
Step 2 ; Moving the dates in reasonable increments indicates they do not want to loose control of approval process . Lot of 2003 /04 filers got GC's in last July at the cost 2001/2002 filers . It was obviously arbitrary once they made everything current and probably depended on how eager an officer was to grab those visa numbers for his /her cases. USCIS lost control over the process.
Regarding EB2 heart burn - Blame it on substitute filers, obviously most of the line breakers would have used EB2 rather than EB3. But I think eventually EB2 will get higher priority and move faster then EB3 once the Unused numbers from others categories gets distributed after June /July. Calm your nerves.
I only wish if they had streamlined the process in this fashion about 3-4 years back . We would have not lost 200,000 visas and most of the dates would have been current or at the most 2 years behind. Very reasonable.
Am I dreaming....has USCIS got it's act together??
I forget , IV was not around 3-4 years back.
But we cannot be too enthusiastic about these good news because unless those 200,000 numbers are recaptured the dates will soon get struck in near future .
more...
venetian
05-17 12:27 AM
Your statement completely misleads and not true.
SL Tamils are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came more than 500 years ago to Sri Lanka, SL Tamils had their own kingdom but when finally British left, they left the Tamils land and fate with the hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.
Of course as you said, there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations. Besides, Muslims in Sri Lanka also speak Tamil but they don’t usually associate racially with Tamils and maintain separate identity
Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal in this conflict.
Please do some research before putting things in historical puerspective.
We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.
SL Tamils are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came more than 500 years ago to Sri Lanka, SL Tamils had their own kingdom but when finally British left, they left the Tamils land and fate with the hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.
Of course as you said, there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations. Besides, Muslims in Sri Lanka also speak Tamil but they don’t usually associate racially with Tamils and maintain separate identity
Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal in this conflict.
Please do some research before putting things in historical puerspective.
We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.
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gcretroiv
10-23 01:00 PM
I guess nobody answer this even they know. Probably everybody is angry on Labor substitution
more...
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DareYouFireMe
04-29 01:05 PM
I am not sure why it is referred as abuse...
It is available to everybody.
It is available to everybody.
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kondur_007
01-13 09:25 PM
Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.
Now they go back and say that was a misinterpretation of existing laws :eek:
This is the issue. They are targeting areas that are not "clearly defined" in the "law" itself and so they are changing "interpretation" and Implementation the way they wish. This is quite vicious move...rather than dealing with legal process, they are manipulating it. I am not a lawyer, but I doubt that this can be chanllenged legally. All we can work on is to actually "define them in law"; which would require help of congress to get actual law that defines these things; not the interpretation of some bureaucrat...
Now they go back and say that was a misinterpretation of existing laws :eek:
This is the issue. They are targeting areas that are not "clearly defined" in the "law" itself and so they are changing "interpretation" and Implementation the way they wish. This is quite vicious move...rather than dealing with legal process, they are manipulating it. I am not a lawyer, but I doubt that this can be chanllenged legally. All we can work on is to actually "define them in law"; which would require help of congress to get actual law that defines these things; not the interpretation of some bureaucrat...
more...
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kondur_007
07-22 02:22 PM
kondur_007, u know how to make us laughing in a stiuation like this. your post at the end makes me keep laughing.:D
Thank you very much...but somehow, I woke up sarcastic today!!! i hope i did not offend anyone...else I will get some REDS...:mad::mad::mad:
Just joking again....:p
Thank you very much...but somehow, I woke up sarcastic today!!! i hope i did not offend anyone...else I will get some REDS...:mad::mad::mad:
Just joking again....:p
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vivekm1309
07-23 01:48 PM
I agree, I read all the posts and went through some figures myself, the indication is that dates for EB2 will move much faster that we had all anticipated in the past. I do somewhere agree with my friend vldrao that dates could retrogress for a small period of time (say 1 month), but eventually dates will become current soon.
Thanks:)
vdlrao is everyone's friend these days ...not only urs ... :-)
Thanks:)
vdlrao is everyone's friend these days ...not only urs ... :-)
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Googler
02-13 01:01 PM
The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
One thing to note in this dicussion is that this reallocation to oversubscribed countries is far from seamless. If cutoff dates for oversubscribed countries are not moved up in the 3rd quarter (as opposed to the fourth quarter of the fiscal year), part of the pie DOES get thrown out, as it has in recent years 2003 (88.4K), 2004 (47,3K), 2006 (10.2k) [see 2007 Ombudsmans Report, p. 34 which gives the data for these years and going back to 1992]. This is absolutely infuriating since 2003-2004 these were also the years that largely created the present backlog of applicants with early PDs. How on earth can you justify throwing out 10.2K greencards in 2006 (FY 2007) EVEN AFTER the June 2007 greencard free for all??
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
One thing to note in this dicussion is that this reallocation to oversubscribed countries is far from seamless. If cutoff dates for oversubscribed countries are not moved up in the 3rd quarter (as opposed to the fourth quarter of the fiscal year), part of the pie DOES get thrown out, as it has in recent years 2003 (88.4K), 2004 (47,3K), 2006 (10.2k) [see 2007 Ombudsmans Report, p. 34 which gives the data for these years and going back to 1992]. This is absolutely infuriating since 2003-2004 these were also the years that largely created the present backlog of applicants with early PDs. How on earth can you justify throwing out 10.2K greencards in 2006 (FY 2007) EVEN AFTER the June 2007 greencard free for all??
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Kushal
07-27 01:59 PM
Really... Millions... Have you checked the disclaimer in your lit pack under the 6-4-3 plan. A typical IBO makes $115 a month... Amway / BWW was forced to put this statement because of a lawsuit brought by Amway Diamonds and Double Diamonds... You can google...
I know you will now state that "you don't want to be an average... an average corporate employee makes $30K.. etc.. etc.." (Straight from Brad Duncan's CD) I have used it myself hundreds of times on the prospects...
By the way did you call IRS to check.. or you are just believing what Kanti / Kumar / Raj or any other Diamond told you.. Oh another thing that they regularly mention in their trainings "IRS and USCIS don't share data so IRS won't know if you are on H1 or not"... USCIS can ask for your Tax returns before granting Green Card...
May be you have not received 1099 from Amway yet but the 1099 income on 1040 goes under a separate head "Self Employment"...
I know you will respond with some nasty stuff but I urge you to take the emotional hat off and think rationally (which I know is very hard as I had faced the same things) about the direction that Amway is taking... especially in Indian community... Do you see many Indian faces these days in the Amway's Inspire magazine or new Rubys, Emeralds, or Diamonds...
This is a good way to make some residual income (I still get monthly check 4 years after stopping to build it) but millions??? Not many EDCs and Diamonds make that money if you exclude the money from CDs, Books, CommuniKate etc..
Good luck!
I get good monthly checks every month (more then $115), and they don't seem to bounce either. And good thing it increases. Don't need to google anything while I can get from credible sources.
I know you will now state that "you don't want to be an average... an average corporate employee makes $30K.. etc.. etc.." (Straight from Brad Duncan's CD) I have used it myself hundreds of times on the prospects...
By the way did you call IRS to check.. or you are just believing what Kanti / Kumar / Raj or any other Diamond told you.. Oh another thing that they regularly mention in their trainings "IRS and USCIS don't share data so IRS won't know if you are on H1 or not"... USCIS can ask for your Tax returns before granting Green Card...
May be you have not received 1099 from Amway yet but the 1099 income on 1040 goes under a separate head "Self Employment"...
I know you will respond with some nasty stuff but I urge you to take the emotional hat off and think rationally (which I know is very hard as I had faced the same things) about the direction that Amway is taking... especially in Indian community... Do you see many Indian faces these days in the Amway's Inspire magazine or new Rubys, Emeralds, or Diamonds...
This is a good way to make some residual income (I still get monthly check 4 years after stopping to build it) but millions??? Not many EDCs and Diamonds make that money if you exclude the money from CDs, Books, CommuniKate etc..
Good luck!
I get good monthly checks every month (more then $115), and they don't seem to bounce either. And good thing it increases. Don't need to google anything while I can get from credible sources.
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Legal
07-21 05:38 PM
vdlrao,
There could be one problem with the above interpretation of overflow from FB category. I think the numbers shown in the document are from last year- end of Sep 07, not sure this applies to what is available for 2008. what do you think?
There could be one problem with the above interpretation of overflow from FB category. I think the numbers shown in the document are from last year- end of Sep 07, not sure this applies to what is available for 2008. what do you think?
kevinkris
02-12 01:44 PM
Can anyone explain me..
TeddyKoochu
09-24 12:32 PM
Spill will be around 30k for Eb2 and that will clear till mid 2006. by Sep 2010. In Sep 2011 you should be able to file for 485.
there is no law that says to move date to accept new applications. If DOS makes date current and people have all data visible now will take USCIS to court for not approving cases. What I have learnt that USCIS is considering publishing rule ( Via Rule making process ) in dec 2009 to halt concurrent filling for I 140 and 485 and give chance to pre register for 485. so in Spiring of 2010 we may be able to pre file 485. which may / may not give benefit of AC 21 . EAD is always admin job so they can give out EAD and AP along with pre filling.
I believe that pre-registering for 485 and being able to file for EAD and AP is itself a great step forward for us. How concrete is this news / information.
there is no law that says to move date to accept new applications. If DOS makes date current and people have all data visible now will take USCIS to court for not approving cases. What I have learnt that USCIS is considering publishing rule ( Via Rule making process ) in dec 2009 to halt concurrent filling for I 140 and 485 and give chance to pre register for 485. so in Spiring of 2010 we may be able to pre file 485. which may / may not give benefit of AC 21 . EAD is always admin job so they can give out EAD and AP along with pre filling.
I believe that pre-registering for 485 and being able to file for EAD and AP is itself a great step forward for us. How concrete is this news / information.
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