I-485 filing All AGAINST pls Stand up

nyc8300

Registered Users (C)
Guys, Let's send your letters to senators for I-485 relief, if you are for this. Let's not be abused by AILA and politicians to support their agendas.

If you are AGAINST this, let's know why?

We want to get a list of negative reasons why this should NOT be allowed.

Let's try and be objective and crisp and short.
 
If you are allowed to file I-485 before your priority date is current then of what significance is the priority date?

Why have a priority date? Might as well throw the process out the window and give green cards to everyone.
 
I can argue both ways:
Pros:
for employee:
-ac21=>employee can move around. spouse and dependents can use their EADs to start working.
-employee can start their own business if they choose to.
-promotions do not require new perm.

for employer:
-can still fire the employee even if the sponsorship is for a permanent position. This may mean big corps (that traditionally are reluctant to sponsor) might be actually willing to do so. This could actually spell doom for the staffing firms.
-employers know upfront that the employee is mobile. This lets them be more choosy as to who to sponsor for GC. If it looks like the employee is not 100% loyal to the employer, the latter can say no sponsorship for that particular employee.
-Employer has the choice to wait for upto 5 years and monitor the employee performance and then only decide the perm thing. Keeps the employee on the toe and could provide boost to the productivity.

Cons:
employee
-increased competition because the labor pool now includes USC, GCs and all other EAD holders
-still need to find employment in similar position.
-no use of pd whatsoever.
-clogged up uscis system; hence increased delays in obtaining any docs from them.
-nobody would perhaps choose CP.
-employer can delay the GC process as much as 5 years.
Employer:
-doom for staffing firms.
-GC process investment is not recouped.

There could be more reasons added to both the lists.
backroady said:
If you are allowed to file I-485 before your priority date is current then of what significance is the priority date?

Why have a priority date? Might as well throw the process out the window and give green cards to everyone.
 
its a moot point to discuss against 485.....i would say PD is valid for issue of GC.....why should it be used to limit benefits like EAD & AP.......people stop being selfish.....

i am not saying we should not fight for other issues.........but fighting only for 485 is much easy to win.............if you dont want to be part of it since you are already beyond that stage just dont oppose it........


dont you all think that EAD with AC21 can free up a employee from a employer.....
 
This issue is too complex

There are many issues involved with allowing to file I-485 while date is not current.
1. Other people in USA (like on H1 and married to GC Spouse) will also would like to file I-485 even though their family based visa dates are not current.
2. People outside USA who have approved I-140 will also would like have "special visa" to match benefits while PD is not current.
3. If the argurment is to use AC-21 after 180 days of filing, then clearly the intent of employemnt is "missing". In this case, employment based GC means little sense.
4. Some people say "I am here for 9 years and still no GC". Well, what really counts is the PD. Last time I checked, there is no provision that allows a person to get GC based on x number of years in US.

The option of 3 year extension with approved I-140 is best option right now and H1 does allow to work for job of your choice.

Another thing to note: In past issues like AC-21 were applicable ONLY for employment based GC process. Now allow to file I-485 even without PD being current involves much bigger group (EB as well as Fanily Based). This makes this issue much more complex and difficult to win over.
 
unitednations said:
There is one provision. If you have been in USA for 10 years, in removal proceedings and there would be extreme hardship to a US Citizen spouse or child if you are deported then there is provision on this. One attorney I discussed this with said he knows of another attorney who thought a particular person had a very good case to show this. However, he wasn't in removal proceedings. Attorney planned it out well and got the person into removal proceedings and eventually the person did get greencard.

Thanks UN for pointing that out. I would guess very few people will actually qualify for this.

We think alike. Must be the accounting background that we share.

:)
 
Recently ... I think in Chicago .. some 7 guys were held for working illegally by the DHS..

They were produced before the Judge for deportation.. The Judge threw out the case .. stating that .. the immigration laws are about to change in near future .. so the persons cannot be deported. All 7 returned to the work force since.

The immigration process is infact friendly for aliens .. where else in the world the Judiciary will do this ?
 
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eBhola..Please elaborate on the case

This sounds interesting. Which immiration laws are changing ? Why were they being deported ?
 
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