vbkris77
05-04 10:52 PM
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This basically tells me that they need to be given the same status only if they can't given immigrant visa in other category. But if they can be, why should they be used in this category? As someone said earlier, FB for Family is actually better than EB2. So this basically rules out their rational on giving EB2, EB3 dependents on this VISA.
I am not talking about EB1 here.
Naveen, I haven't given you any Reds. I feel sorry for your situation. Guys, lets discuss and analyze in a constructive way and don't go personal. None of us here will get GC twice by chasing someone's moral down..
This basically tells me that they need to be given the same status only if they can't given immigrant visa in other category. But if they can be, why should they be used in this category? As someone said earlier, FB for Family is actually better than EB2. So this basically rules out their rational on giving EB2, EB3 dependents on this VISA.
I am not talking about EB1 here.
Naveen, I haven't given you any Reds. I feel sorry for your situation. Guys, lets discuss and analyze in a constructive way and don't go personal. None of us here will get GC twice by chasing someone's moral down..
wallpaper hairstyles among lack
stldude
08-13 03:20 PM
I-140 approved from Texas.
Congrats! Where is ur I140 approved from.
Congrats! Where is ur I140 approved from.
gsc999
07-07 08:57 PM
Did this rally on 7th July in San Jose happen? Any updates from folks who were there?
---
Just came back, here is my report:
- There were five Chinese and seven Indian people at the march. It was small fun group.
- The group was small but the outcome as you will note from my report below was productive
- Fighnow, who is the Chinese member of mitbbs.com had initiated this 7th July march. Due to short notice we couldn't publicize this event but still it was good to see a bunch of people show up.
- Fightnow and his friends were fully prepared with big banners and all, with appropriate slogans
- In the beginning there was some police presence but they left an hour later, I guess because of a small group
- We carried our placards and banners on the sidewalk and got lot of "honk" support from people driving by.
- Luckily a Chinese TV station happened to be in the area and interviewed many of us. The station is called KCSN 30, if I remember correctly and this news story will air on Monday evening in Bay area. I will post details about this after hearing from fightnow.
- The parking is free on weekends.
----------------------
What we need to do is:
- Organize a bigger march on 14th July
- Organize a similar event in DC if possible to get more mileage
- Prepare some banners and placards etc.
- Bring water, it was warm
- Have fun
-----------------
Let me know if you have any questions or suggestions
---
Just came back, here is my report:
- There were five Chinese and seven Indian people at the march. It was small fun group.
- The group was small but the outcome as you will note from my report below was productive
- Fighnow, who is the Chinese member of mitbbs.com had initiated this 7th July march. Due to short notice we couldn't publicize this event but still it was good to see a bunch of people show up.
- Fightnow and his friends were fully prepared with big banners and all, with appropriate slogans
- In the beginning there was some police presence but they left an hour later, I guess because of a small group
- We carried our placards and banners on the sidewalk and got lot of "honk" support from people driving by.
- Luckily a Chinese TV station happened to be in the area and interviewed many of us. The station is called KCSN 30, if I remember correctly and this news story will air on Monday evening in Bay area. I will post details about this after hearing from fightnow.
- The parking is free on weekends.
----------------------
What we need to do is:
- Organize a bigger march on 14th July
- Organize a similar event in DC if possible to get more mileage
- Prepare some banners and placards etc.
- Bring water, it was warm
- Have fun
-----------------
Let me know if you have any questions or suggestions
2011 hairstyles for lack women
saisujatha123
05-13 12:32 PM
Not sure Why IV Core should respond when a category goes off... They are working united for all overall suffering and pain for all categories...
What is IV Core? Sorry! I am new to this forum.I meant the flower campaign for all employment(Eb2 and Eb3) categories
What is IV Core? Sorry! I am new to this forum.I meant the flower campaign for all employment(Eb2 and Eb3) categories
more...
rajuseattle
09-12 03:18 PM
My I-140 was filed electronically and then it was transferred over to TSC for processing.
Our company attorney filed my AoS package with NSC based on the job location. Still waiting for the receipts.
Probe:
when did you file your I-140 was it concurrent or filed prior to filing I-485?
-------------------------------------------------------------
EB3(RIR) PD June 2003
I-140 : filed on July 13th 2007 (TSC) - Pending
I-485/I-131/I-765: files on August 07th 2007 - No receipts yet.
Our company attorney filed my AoS package with NSC based on the job location. Still waiting for the receipts.
Probe:
when did you file your I-140 was it concurrent or filed prior to filing I-485?
-------------------------------------------------------------
EB3(RIR) PD June 2003
I-140 : filed on July 13th 2007 (TSC) - Pending
I-485/I-131/I-765: files on August 07th 2007 - No receipts yet.
sankap
07-09 08:35 PM
Desi393, FinalGC, Ramba:
You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, is a "legitimate" employment? Could you quote a USCIS resource?
Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.
You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, is a "legitimate" employment? Could you quote a USCIS resource?
Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.
more...
hmehta
07-20 12:45 AM
I pledge to contribute $100.
2010 lack natural hairstyle. easy
Roger Binny
05-10 01:21 AM
GC Visa's are per country per year, where as H1's are not per country based, we indians used most H1's and stood in queue for GC's of course there is path so we stood, in fact it is one attraction they used to bring over here, to start with, per country GC visa limit is a poor thought.
GC quota should be better tied to H1 quota or raise the limit and god knows when did they put the numbers per country GC, before H1b program or after H1b program.
H1b program allowed hundred's of thousands to come in, in fact which they encouraged i can dare to say and GC visa count is not according to that and they let all these families to stay in limbo or wait forever is not a good sign.
Irony is majority of these folks are purposed to solve or improve all kinds of problems ranging from improving enterprise's response time from months to minutes or minutes to secs and other kinds improvements, who's families and them selves stuck in a decade long "legal immigration" battle of their life.
GC quota should be better tied to H1 quota or raise the limit and god knows when did they put the numbers per country GC, before H1b program or after H1b program.
H1b program allowed hundred's of thousands to come in, in fact which they encouraged i can dare to say and GC visa count is not according to that and they let all these families to stay in limbo or wait forever is not a good sign.
Irony is majority of these folks are purposed to solve or improve all kinds of problems ranging from improving enterprise's response time from months to minutes or minutes to secs and other kinds improvements, who's families and them selves stuck in a decade long "legal immigration" battle of their life.
more...
jbr
09-14 01:27 PM
(I had posted a similar note a couple of weeks ago. I apologize for doing so again, but I feel this needs to be said).
We legal immigrants need to make our voices heard because 99% of the US Citizens do not know our (sad) story. Here are some highlights (nothing new to the users of this site):
1. Most of us are highly educated.
2. .. work hard (because otherwise why would our employers sponsor us).
3. .. follow all the laws and pursue legal immigration.
4. .. are deeply invested in this country - so many of us own houses, mutual funds, etc. that are investments in the Economy.
5. .. contribute to the society in a variety of ways including: paying taxes, inventing so much of the new technologies (especially in the computer industry).
It wouldn't be too hard to get statistics on how much employment-based immigrants contribute to the economy - number of companies started by former immigrations, number of patents filed, US citizens employed by such companies, correlation of the growth of the Computer Industry with Employment based Immigration. I believe a very strong case can be made in our favor.
And all we ask for is a fair shot at permanent residence in this country. Not only do we not get that, the process is opaque and we have NO idea how long it may take for us to navigate each one of the many stages of this process. The process is completely unbounded and we have no way to planning our lives.
I bet if the US Citizens at large find out what we go through day-to-day they would be appalled. One way to do so is to peacefully protest in public - perhaps outside the USCIS offices. It is probably a dumb idea, but I wanted to bring it up - let us not sell our selves short, there are a lot of us and if we combine our voices it would be loud enough to get to the right ears. I am sure we will see action.
We legal immigrants need to make our voices heard because 99% of the US Citizens do not know our (sad) story. Here are some highlights (nothing new to the users of this site):
1. Most of us are highly educated.
2. .. work hard (because otherwise why would our employers sponsor us).
3. .. follow all the laws and pursue legal immigration.
4. .. are deeply invested in this country - so many of us own houses, mutual funds, etc. that are investments in the Economy.
5. .. contribute to the society in a variety of ways including: paying taxes, inventing so much of the new technologies (especially in the computer industry).
It wouldn't be too hard to get statistics on how much employment-based immigrants contribute to the economy - number of companies started by former immigrations, number of patents filed, US citizens employed by such companies, correlation of the growth of the Computer Industry with Employment based Immigration. I believe a very strong case can be made in our favor.
And all we ask for is a fair shot at permanent residence in this country. Not only do we not get that, the process is opaque and we have NO idea how long it may take for us to navigate each one of the many stages of this process. The process is completely unbounded and we have no way to planning our lives.
I bet if the US Citizens at large find out what we go through day-to-day they would be appalled. One way to do so is to peacefully protest in public - perhaps outside the USCIS offices. It is probably a dumb idea, but I wanted to bring it up - let us not sell our selves short, there are a lot of us and if we combine our voices it would be loud enough to get to the right ears. I am sure we will see action.
hair for lack women. natural
hiUS
09-05 09:48 AM
I actually spoke to Customer service and I got 2 very different responses.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
She was rude and did not even give me the chance to speak.
What she told is 'My case is approved and they are missing the Biometrics and I will be getting the mail to appear for the Biometrics'
...and She is not even giving me the chance to explain the scenario of uploading the Biometrics to TSC etc... (I have seen in the forums that for the numbers starting with WAC...Biometrics were uploaded to CSC and the TSC is unable to upload the Biometrics back to their system. And she told him that she will put a request to upload the Biometrics to TSC ASAP which may take 3 to 4 days)
When I tried to tell this, the answer I got is "I don't want to hear anything from you and you will be getting the Biometrics mail as we are missing"
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
She was rude and did not even give me the chance to speak.
What she told is 'My case is approved and they are missing the Biometrics and I will be getting the mail to appear for the Biometrics'
...and She is not even giving me the chance to explain the scenario of uploading the Biometrics to TSC etc... (I have seen in the forums that for the numbers starting with WAC...Biometrics were uploaded to CSC and the TSC is unable to upload the Biometrics back to their system. And she told him that she will put a request to upload the Biometrics to TSC ASAP which may take 3 to 4 days)
When I tried to tell this, the answer I got is "I don't want to hear anything from you and you will be getting the Biometrics mail as we are missing"
more...
reddymjm
06-09 08:47 PM
My recipect number start from SRC. whrere is that center? Ivthought texas starts with TSC.
Texas starts with SRC...
WAC/EAC/LIN.. NO TSC as far as I know.
Texas starts with SRC...
WAC/EAC/LIN.. NO TSC as far as I know.
hot hairstyles black women.
walking_dude
10-08 02:42 PM
Have you been hit on the head by a hammer? I see a future Ron Hira in you.
GC was, is and will be a game of Inky-Pinky-Ponky with or without retrogression. There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
..... I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky.....
GC was, is and will be a game of Inky-Pinky-Ponky with or without retrogression. There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
..... I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky.....
more...
house african-american women
VA_GC9
07-09 07:48 PM
We need to keep the message short. But concise. Media will create all the corresponding articles, and messages. We just need to bring it to their attention, they will figure out after research, that it was "munnabhai". Frankly, the message is important, not the messenger or the vehicle that the messenger drove.
Guys see this..
July 9, 2007. Message from USCIS Director Emilio Gonzalez
I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
http://www.uscis.gov/portal/site/uscis
Guys see this..
July 9, 2007. Message from USCIS Director Emilio Gonzalez
I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
http://www.uscis.gov/portal/site/uscis
tattoo hairstyles for lack women
dpp
07-28 11:51 AM
This argument applies to EB3 and EB1 also. Also, we already crossed that line of proving that no other qualified is available. Even EB3 does the same. So, you are asking to audit everybody?
You agree it or not, from USCIS/Congress point of view,
Order of preference is, EB1 -> EB2 -> EB3.
If you are eligible for EB1/EB2, go for it. Nobody is stopping you.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
You agree it or not, from USCIS/Congress point of view,
Order of preference is, EB1 -> EB2 -> EB3.
If you are eligible for EB1/EB2, go for it. Nobody is stopping you.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
more...
pictures engine, Easy
pyaradesi
07-20 09:53 PM
Mr. Paraya Desi
I request you to mind your language. What you say displays a complete lack of understanding about the system
It is not that they want the "most qualified" or "most brilliant" FIRST, and the rest later. As an example, if your toilet broke down and you have an urgent need to use it, would you welcome a beautiful girl knocking on your door, or a plumber. It is like this. It is a question of WHAT the COUNTRY needs, not who is made of gold
Therefore dont think you are as an EB2 more (or less) entitled to anything, and correct the "faltu" ideas in your brain
"Mind my language", clearly this must be a case of lost in translation. I am not entitled more or less, IV can close shop today, I did not come to the USA because there was EB1/2/3 or IV fighting my battles, enjoy your journey. Stop whining, there are millions of Americans suffering, don't tell me just because you know java you are better than them.
We human beings have established a certain world order
Why is tougher to get through EB1?
Why does your boss make more money than you?
Why does a certified plumber cost more?
Why do men go after a pretty girl? shouldn't the ugly one get attention as much attention?
Why Katrina Kaif is sought after not Nandita Das?
Why does a person with a 770 credit score get lower interest?
Why why why?
Oh BTW, if your toilet broke down, do not panic, shut your door tight get some air freshner, and then you could consider the pretty girl.
And if my toilet broke down, I will hire a plumber for an hour to fix it, I will not let the plumber move into a room in my house.
What are you expecting? You want IV to get you salvation?
Look, there is no compulsion, you don't like the system, it ain't going to upset anybody if you take the steamer to Bombay tonight.
I request you to mind your language. What you say displays a complete lack of understanding about the system
It is not that they want the "most qualified" or "most brilliant" FIRST, and the rest later. As an example, if your toilet broke down and you have an urgent need to use it, would you welcome a beautiful girl knocking on your door, or a plumber. It is like this. It is a question of WHAT the COUNTRY needs, not who is made of gold
Therefore dont think you are as an EB2 more (or less) entitled to anything, and correct the "faltu" ideas in your brain
"Mind my language", clearly this must be a case of lost in translation. I am not entitled more or less, IV can close shop today, I did not come to the USA because there was EB1/2/3 or IV fighting my battles, enjoy your journey. Stop whining, there are millions of Americans suffering, don't tell me just because you know java you are better than them.
We human beings have established a certain world order
Why is tougher to get through EB1?
Why does your boss make more money than you?
Why does a certified plumber cost more?
Why do men go after a pretty girl? shouldn't the ugly one get attention as much attention?
Why Katrina Kaif is sought after not Nandita Das?
Why does a person with a 770 credit score get lower interest?
Why why why?
Oh BTW, if your toilet broke down, do not panic, shut your door tight get some air freshner, and then you could consider the pretty girl.
And if my toilet broke down, I will hire a plumber for an hour to fix it, I will not let the plumber move into a room in my house.
What are you expecting? You want IV to get you salvation?
Look, there is no compulsion, you don't like the system, it ain't going to upset anybody if you take the steamer to Bombay tonight.
dresses lack women. elegant updo
desi3933
06-26 02:01 PM
EEO does not protect immigration status based discrimination. However Immigration Reform and Control Act of 1986 does protect against discrimination based on immigration status.
https://www.oig.lsc.gov/legis/irca86.htm
SEC. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
Could you please show us, where in the link you provided, H-1B applicant needs to treated equally for job hiring as compared to GC and EAD workers.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
https://www.oig.lsc.gov/legis/irca86.htm
SEC. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
Could you please show us, where in the link you provided, H-1B applicant needs to treated equally for job hiring as compared to GC and EAD workers.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
more...
makeup Hairstyles for Black Women
pbojja
05-07 05:54 PM
Opening SR is like making a wish to god , which may come true
I opened SR when my wife lost her EAD in post , they gave me a 45 day time frame , nothing happened .. Called again and they open other SR , and asked again to wait for other 45 days ... I guess this cycle continues
I asked about my first SR while opening a second SR , reply they had no idea as they requested it with CIS , funny answer I also asked why there is a number if they have no idea ... By the way you will get letter from CIS stating that they received the request and they are processing it and you will hear from us with in 45 days .. If not call us ...ah ah
At last I was able to get EAD with in 5 days with the help of CISOmbudsman .
I opened SR when my wife lost her EAD in post , they gave me a 45 day time frame , nothing happened .. Called again and they open other SR , and asked again to wait for other 45 days ... I guess this cycle continues
I asked about my first SR while opening a second SR , reply they had no idea as they requested it with CIS , funny answer I also asked why there is a number if they have no idea ... By the way you will get letter from CIS stating that they received the request and they are processing it and you will hear from us with in 45 days .. If not call us ...ah ah
At last I was able to get EAD with in 5 days with the help of CISOmbudsman .
girlfriend quot;natural black hair twist
akhilmahajan
02-09 11:28 PM
Thanks a lot us_employee.
Grand Total - $819
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Made $20.00 contribution just now through Paypal.
Unique Transaction ID #7HY45972ES075991A
Grand Total - $819
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Made $20.00 contribution just now through Paypal.
Unique Transaction ID #7HY45972ES075991A
hairstyles hairstyles african american
Pallavi79
01-30 07:48 PM
<Quote>What�s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It�s all part of the game</Quote>
Completely agree with you.
<Quote>Funny... Sathweb took his post back, which even he does not agree with anymore and you now agree with it.. </Quote>
Funny .... Lawyers, Senators, USCIS Employees accept that, current immigration is broken. The current immigration does not make sense. But we want make some meaning out of it.
Completely agree with you.
<Quote>Funny... Sathweb took his post back, which even he does not agree with anymore and you now agree with it.. </Quote>
Funny .... Lawyers, Senators, USCIS Employees accept that, current immigration is broken. The current immigration does not make sense. But we want make some meaning out of it.
rdehar
10-09 03:59 PM
"Sorry, we are closed now." ???
Heck, no !!! I want fries with that !!!
Heck, no !!! I want fries with that !!!
gjoe
10-09 06:18 AM
Why do you think FIFO is scientifically impossible? If you beleive that weather forecast is reliable like most of the Americans do, making the FIFO system work more effeciently without wasting even a single visa is possible.
It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
This GC system broke because the system was revamped without taking into account the whole process.
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
This GC system broke because the system was revamped without taking into account the whole process.
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
No comments:
Post a Comment