sbindval
05-23 11:54 AM
just called and sent emails to 6 senators. we must highlite EB issue when calling
wallpaper 4 cam Narrowneck Gold Coast
TheOmbudsman
06-26 12:20 PM
I respect your opinion.
There is no indication that "Republicans" are taking a hit by not passing the bill. In fact, if you go to Congress.org you will polls there showing that Americans prefer no bill instead of "a bad bill". By bad bill they mean, the amnesty one, CIR.
Folks, what we need to remember is that this country is still a democracy. When you see AILA - which is a reliable source in this case - reporting that 400:1 calls are being placed against CIR, that is a serious business. Looking at results of recent elections, you can tell that there is increasing indication that voters are paying attention to candidates which are strong in immigration records. Sen. Bilbray (R) recently won the election in spite of Republicans poor performance. In my state, Maria Cantwell (D) is showing no gaps against an incumbent, who happens to be Republican. In Utah, Sen. Cannon (R) but pro CIR is fighting very hard against an incumbent. Election results for this will be known tomorrow, but the fact that he is fighting is the indication one needs to believe that representatives fighting against CIR/amnesty are looking good, regardless which party the individual is in. CIR is known mainly is an amnesty bill. Therefore not passing CIR seems to be perceived by voters as a good thing. Also, there are already many laws that if executed, could aleviate the flow of illegal immigration and provide some security to the border until the House gathers enough support to pass a more enforcement only bill. Personally I have hopes that IF the House proposals prevail after the elections in November, then it is when we could see a kind of Cornyn/Kyl bill passed ?
Now you say, how can the above post help our cause ?
I think we need to start by having a clear picture of what's going on. If we continue this route of expecting that a bill with amnesty provisions on it will save us, you many need to be prepared for a long wait to see that happening. If it is true that our lobbying efforts are useless and have no chances to leverage a bill of our own cause, so darn, I will just pray, watch, give no donations and wait in a very passive way and see what happens.
IV has done a great job by making all the contact information with the lobbying group, now we need to engage them to lobby for our bill only. If that's not possible, then I think there is no major reason to donate or take action on this anymore. Just wait and let the big guys (AILA, Catholic Curch, Laraza) battle for CIR and see what happens.
I find it slightly amusing that your perception is that my perception is distorted. I am not a member of the core team and my remarks are my personal opinion. If I am wrong, well, then I'm wrong. If I'm right, these posts will be buried so far in the thread that it won't matter at that time.
There is no indication that "Republicans" are taking a hit by not passing the bill. In fact, if you go to Congress.org you will polls there showing that Americans prefer no bill instead of "a bad bill". By bad bill they mean, the amnesty one, CIR.
Folks, what we need to remember is that this country is still a democracy. When you see AILA - which is a reliable source in this case - reporting that 400:1 calls are being placed against CIR, that is a serious business. Looking at results of recent elections, you can tell that there is increasing indication that voters are paying attention to candidates which are strong in immigration records. Sen. Bilbray (R) recently won the election in spite of Republicans poor performance. In my state, Maria Cantwell (D) is showing no gaps against an incumbent, who happens to be Republican. In Utah, Sen. Cannon (R) but pro CIR is fighting very hard against an incumbent. Election results for this will be known tomorrow, but the fact that he is fighting is the indication one needs to believe that representatives fighting against CIR/amnesty are looking good, regardless which party the individual is in. CIR is known mainly is an amnesty bill. Therefore not passing CIR seems to be perceived by voters as a good thing. Also, there are already many laws that if executed, could aleviate the flow of illegal immigration and provide some security to the border until the House gathers enough support to pass a more enforcement only bill. Personally I have hopes that IF the House proposals prevail after the elections in November, then it is when we could see a kind of Cornyn/Kyl bill passed ?
Now you say, how can the above post help our cause ?
I think we need to start by having a clear picture of what's going on. If we continue this route of expecting that a bill with amnesty provisions on it will save us, you many need to be prepared for a long wait to see that happening. If it is true that our lobbying efforts are useless and have no chances to leverage a bill of our own cause, so darn, I will just pray, watch, give no donations and wait in a very passive way and see what happens.
IV has done a great job by making all the contact information with the lobbying group, now we need to engage them to lobby for our bill only. If that's not possible, then I think there is no major reason to donate or take action on this anymore. Just wait and let the big guys (AILA, Catholic Curch, Laraza) battle for CIR and see what happens.
I find it slightly amusing that your perception is that my perception is distorted. I am not a member of the core team and my remarks are my personal opinion. If I am wrong, well, then I'm wrong. If I'm right, these posts will be buried so far in the thread that it won't matter at that time.
gctest
09-16 10:20 AM
I can pledge around 200-250 for this.
Go IV!!
Thanks to all who have pledged so far for fighting against injustice.
To those who haven't yet, we are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.
There is a current list of members who have pledged support on the link below.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
If you would like to help in this effort, please send me a private message with the following info:
1) Ur IV handle
2) Ph#
3) Email ID
4) Amount you would like to pledge.
Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.
Go IV!!
Thanks to all who have pledged so far for fighting against injustice.
To those who haven't yet, we are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.
There is a current list of members who have pledged support on the link below.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
If you would like to help in this effort, please send me a private message with the following info:
1) Ur IV handle
2) Ph#
3) Email ID
4) Amount you would like to pledge.
Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.
2011 Queensland#39;s Gold Coast.
ThanksIV
12-08 04:22 PM
Sorry to hear your situration, but don't lose hope, miracle will happen to good people.
more...
godspeed
07-24 03:12 PM
sriwaitingforgc ,
i guess so, everything is random here
i guess so, everything is random here
sai948
04-05 11:30 PM
I opened a SR for non receipt of my FP notice, on 30Oct2007. I got a reply from USCIS exactly after 45 days ( very prompt) notifying me that " my FP has not yet expired or my FP is not yet cleared". Certainly this looks like a canned reply from USCIS which was sent even without looking at my file. I guess they should be more transparent in their process than just sending plain lies.
I also got the same message. NO FP after 2 SR & 1 info pass (case transferred from NSC to TSC).
I also got the same message. NO FP after 2 SR & 1 info pass (case transferred from NSC to TSC).
more...
mike_2000_la
06-08 12:29 AM
I think the real rush would be this week....
2010 Gold Coast, Queensland,
vnsriv
11-21 09:44 AM
I am sitting here in front of my laptop for 10 minutes, still I don't know what to say.
I am really sorry to hear your condition. I am not sure of any clause for a situation like this or may be there is.
I am neither a God to show you a way nor your friend to be next to you and help you hold your spirit high. All I got is a heart to show and give you an unconditional love and support.
I still cannot breathe after reading this. I juste prayed to God for you. Don't loose your hope. I am sure you are trying or tried all types of cures. I have deep faith in Pranayam/Yoga. I am not sure if you have heard about SWAMI RAMDEV JI. He teaches pranayam and here's link to his forum http://forums.curesearch.org/ShowPost.aspx?PostID=631 . Try to meet him if possible. Our best wishes are always with you. May God bless the family.
I am really sorry to hear your condition. I am not sure of any clause for a situation like this or may be there is.
I am neither a God to show you a way nor your friend to be next to you and help you hold your spirit high. All I got is a heart to show and give you an unconditional love and support.
I still cannot breathe after reading this. I juste prayed to God for you. Don't loose your hope. I am sure you are trying or tried all types of cures. I have deep faith in Pranayam/Yoga. I am not sure if you have heard about SWAMI RAMDEV JI. He teaches pranayam and here's link to his forum http://forums.curesearch.org/ShowPost.aspx?PostID=631 . Try to meet him if possible. Our best wishes are always with you. May God bless the family.
more...
myvoice23
09-25 01:36 PM
my attorney recieved receipts today...filed on July 3rd at nebraska center.
hair -Gold-Coast-Queensland-
chanduv23
02-18 02:36 PM
thanks kumar_459. Just one for today so far.
Wondering if IV sent out a newsletter yet. That would actually bring in more people.
Wondering if IV sent out a newsletter yet. That would actually bring in more people.
more...
sledge_hammer
01-30 01:29 PM
The problem with him and many others including me is people like the OP, and in case you are also one of them, then we all have a problem with people like YOU!!!!!
He never claimed his wife was better than the OP. All he is saying is that his wife HAD a job, which is the minimum requirement to apply for an H-1B. He never said that converting from H4 to H1 is illegal!
Your coment that everyone is trying to improve their life is so simplistic and moronic. No one is denying you or the OP theright to improve one's life. Do so ethically!
How can you simply assume that everyone here came to the US through some bodyshopping company? How did you get your job? Was it through a consulting/bodyshopping company?
And no, he is not dividing the community. You and people like you think that every immigrant is unethical and it is an accepted behavior!
Shame on you!!!
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. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representation false?
People like you are the ones who are dividing the community.
He never claimed his wife was better than the OP. All he is saying is that his wife HAD a job, which is the minimum requirement to apply for an H-1B. He never said that converting from H4 to H1 is illegal!
Your coment that everyone is trying to improve their life is so simplistic and moronic. No one is denying you or the OP theright to improve one's life. Do so ethically!
How can you simply assume that everyone here came to the US through some bodyshopping company? How did you get your job? Was it through a consulting/bodyshopping company?
And no, he is not dividing the community. You and people like you think that every immigrant is unethical and it is an accepted behavior!
Shame on you!!!
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. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representation false?
People like you are the ones who are dividing the community.
hot You are here: Queensland gt;Gold
eb3retro
09-23 02:05 PM
Now you are going to protest porting..do u have a slightest idea of how it is to wait for 10 years in the GC queue. This is not because people were not eligible for EB2 at that time, but rather due to the lawyer and employer mess ups. And there is no wrong in someone going to the front of the queue if they were able to prove that they are eb2 worthy..
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
more...
house Gold Coast, Queensland,
mallu
12-16 08:18 PM
I consider the 30-40 range 'golden' years . Enough experience to handle various things without much botheration of senility. Depression is not continuous, but comes once in a while. Currently i am optimistic that India EB2 will move forward starting Oct.2008 and my PD of Nov.2002 will become current some time in 2009 and i will be inching to 10 years of SSN eligibility.
I also have following kind of worries too, which haunt me often.
Being the 'only son' there is a big emotional pull from the parents to take care of them. But am worried about 'transporting' the American citizen kid back to India ( like them adjusting to the culture there ). Now my batch mates who got GC ( because they came early to USA and got lucky. One India EB2 friend - applied PERM in 2005 & I-485 in 2005 - got his GC in Aug 2007 ! ) , aiming for citizenship , then they want to move to India and plan to bring up kids there. And when they are 'ripe' for higher studies, march back to USA.
I also have following kind of worries too, which haunt me often.
Being the 'only son' there is a big emotional pull from the parents to take care of them. But am worried about 'transporting' the American citizen kid back to India ( like them adjusting to the culture there ). Now my batch mates who got GC ( because they came early to USA and got lucky. One India EB2 friend - applied PERM in 2005 & I-485 in 2005 - got his GC in Aug 2007 ! ) , aiming for citizenship , then they want to move to India and plan to bring up kids there. And when they are 'ripe' for higher studies, march back to USA.
tattoo Gold Coast Queensland
dontcareanymore
07-08 04:53 PM
vivek - I have come across this company. It is a desi consulting company. The "Reqruiter" name seems to be a "nickname". ........................................... ............................ ................. ......................
Looks like desi companies are trying to seek a new identity so that they do not fall under the radar
Chandu, I guess they would rather (prefer to) be under the radar instead of on the radar :) :D
My feeble attempt at humor :)
Looks like desi companies are trying to seek a new identity so that they do not fall under the radar
Chandu, I guess they would rather (prefer to) be under the radar instead of on the radar :) :D
My feeble attempt at humor :)
more...
pictures Gold Coast, Queensland,
lakshman.easwaran
08-15 03:24 PM
My I-140 is pending at TSC. Filed 485 on July 25 and reached NSC on July 26. Today I noticed that LUD on 140 case has changed to 08/12/2007. I guess my case is transferred to TSC.
dresses gold coast, queensland
tonyHK12
02-15 08:17 PM
thanks mmanurker, sanprabhu, metroparknj, mjdup for your contributions
Total Contributions...........$4,875.00
Amount to be raised.......$45,125.00
.
Total Contributions...........$4,875.00
Amount to be raised.......$45,125.00
.
more...
makeup Gold Coast, Queensland,
HumHongeKamiyab
12-13 03:03 PM
Do we have anyone here who opened a SR for FP and has received FP notice ? Does it really help if you open SR for FP?
Thanks
Thanks
girlfriend Surfer at Sunset, Gold Coast,
diptam
06-27 09:54 AM
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
hairstyles Gold Coast Desalination Plant,
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.
decipher
05-23 11:51 AM
mailed 2(CA)+20
gccovet
02-09 02:14 PM
25$
Transaction Id: 49C78926VG6647649
Contributed via paypal
Thank you all,
Keep up the good work.
Thank you Kate123 for your kind contribution!!
GCCovet
Transaction Id: 49C78926VG6647649
Contributed via paypal
Thank you all,
Keep up the good work.
Thank you Kate123 for your kind contribution!!
GCCovet
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