Pushing of I 485 filling as an interim relief or not

[priyargc]

Immigration Voice (IV) proposed last week to push single point interim agenda of Filling a I185 without Priority date during Continuous spending bill in Janu/Feb 2007. The forum is divided into two groups; one is supporting single agenda of I 485 filling and another group is opposing to push just single agenda. Both the groups have personal interest to push or oppose this agenda. The people who struck in labor and I140 are strongly supporting I 485 filling without PD and people who have already filled I485 and on EAD are opposing single point agenda and instead wants retrogression ending provisions. I silently observed this activity since last few days and my unbiased analysis is as follow:

Single Point interim agenda of filling I 485 without PD

Positive points

1. It will give temporary relief and have little time to breathe to thousands of people who currently not able to file I485 due to retrogression.
2. Their spouses can work on EAD
3. They can travel to home country on AP to meet family members
4. They can change job once 180 days passed under AC21
5. Supporting group arguing that let’s go step by step; first approve I 485 filling and after 3 to 4 months push other provisions with CIR, SKIL or other bills


Negative points

1. This provision will not give GC to any one and not address the issue of retrogression. It shift queue from one section to other.
2. The massive application of I 485 (estimated more than 500K and each year 200K will be added) will clog USCIS system like 360K 245(i) application clogged labor system. As a result of this messed up, thousands of legal immigrants are struck at labor since 2001/2002, many illegal got GC, PERM filer (after May 2005) got labor approved. Massive I 485, EAD. AP filling will cause disaster and will have injustice to genuine people.
3. If Congress accept interim demand of I 485 filling and H1B increase, it may seriously jeopardize further retrogression ending provisions of EB community as Congress is not going to address EB relief time and again. According to many experts, CIR future is uncertain. If I 485 filling and H1B increase accepted as an interim relief and CIR fails, there won’t be any EB relief for 3 to 4 years and whole EB community will be in dark tunnel for many years.
4. The opposing group arguing that instead of pushing single agenda, lets go for full retrogression ending provisions when ever get earliest chance. Congress has not addressed EB/H1B since 2001 and they have to give something to EB/H1B as pressure is accumulating.

I would request to my intelligent and distinguished friends to give your unbiased opinion on which strategy will be helpful to EB community.

1. Single agenda interim push of I 485 filling without priority date
Or
2. Aggressively push retrogression ending provisions when ever get earliest chance

This is very crucial for all EB community as wrong decision have different chapters of history. The example of wrong decisions; Hitler’s attack on USSR (USSR was friend of Germany at that time), Japan’s Pearl Harbor attack, Nehru’s decision on Kashmir at the time of Indian Independence. We know the results of these wrong decisions now!!!
Pushing of I485 filing as an interim releaf should go or not

 

[WellWisher007]

Based on the immigration related events for the last 2 years, I think that the "single point agenda of filing I 485 without PD" is a good approach. I do not think that the 'negative point' that you have raised with regards to clogging of the system is valid. I think that USCIS will find ways to get the required funding - if required they will charge 'premium fees' to the applicant. If you see the way they have gone about optimizing the whole GC application process with PERM filing and I-140 premium, the I-485 filing without PD seems to be a logical step forward in their 'incremental approach' towards eliminating backlog.

I think the 'I-485 filing without PD' will get the legal immigrants well-ahead in the queue, before the flood-gates for 'non-documented immigrants' will be opened, as part of the CIR bill.

Immigration Voice (IV) proposed last week to push single point interim agenda of Filling a I185 without Priority date during Continuous spending bill in Janu/Feb 2007. The forum is divided into two groups; one is supporting single agenda of I 485 filling and another group is opposing to push just single agenda. Both the groups have personal interest to push or oppose this agenda. The people who struck in labor and I140 are strongly supporting I 485 filling without PD and people who have already filled I485 and on EAD are opposing single point agenda and instead wants retrogression ending provisions. I silently observed this activity since last few days and my unbiased analysis is as follow:

Single Point interim agenda of filling I 485 without PD

Positive points

1. It will give temporary relief and have little time to breathe to thousands of people who currently not able to file I485 due to retrogression.
2. Their spouses can work on EAD
3. They can travel to home country on AP to meet family members
4. They can change job once 180 days passed under AC21
5. Supporting group arguing that let’s go step by step; first approve I 485 filling and after 3 to 4 months push other provisions with CIR, SKIL or other bills


Negative points

1. This provision will not give GC to any one and not address the issue of retrogression. It shift queue from one section to other.
2. The massive application of I 485 (estimated more than 500K and each year 200K will be added) will clog USCIS system like 360K 245(i) application clogged labor system. As a result of this messed up, thousands of legal immigrants are struck at labor since 2001/2002, many illegal got GC, PERM filer (after May 2005) got labor approved. Massive I 485, EAD. AP filling will cause disaster and will have injustice to genuine people.
3. If Congress accept interim demand of I 485 filling and H1B increase, it may seriously jeopardize further retrogression ending provisions of EB community as Congress is not going to address EB relief time and again. According to many experts, CIR future is uncertain. If I 485 filling and H1B increase accepted as an interim relief and CIR fails, there won’t be any EB relief for 3 to 4 years and whole EB community will be in dark tunnel for many years.
4. The opposing group arguing that instead of pushing single agenda, lets go for full retrogression ending provisions when ever get earliest chance. Congress has not addressed EB/H1B since 2001 and they have to give something to EB/H1B as pressure is accumulating.

I would request to my intelligent and distinguished friends to give your unbiased opinion on which strategy will be helpful to EB community.

1. Single agenda interim push of I 485 filling without priority date
Or
2. Aggressively push retrogression ending provisions when ever get earliest chance

This is very crucial for all EB community as wrong decision have different chapters of history. The example of wrong decisions; Hitler’s attack on USSR (USSR) was friend of Germany at that time, Japan’s Pearl Harbor attack, Nehru’s decision on Kashmir at the time of Indian Independence. We know the results of these wrong decisions now!!!
Pushing of I485 filing as an interim releaf should go or not

 

[nyc8300]

Don't create noise when there is none

The question is SKIL Bill Vs. EB relief.

If IV cannot pull for the SKIL bill that has already been approved by both houses, it DOES NOT have the reach to get EB relief.

Will take whatever comes first.

Trying to create noise around year end is pointless. IV will do what it has to do and everybody else will do their own thing.
Let's talk in 2007. In case there is the CIR for illegals and no SKIL/EB relief for legals it might be a good check on the pull that IV/AILA has or ever had.

 

[HOPE_GC_SOON]

I485 Filing without PD current is a relief

I agree with Wellwisher007. Filing I485 without PD being current, is NO harm to anybody.. If the system, is clogged it is NOT the fault of the applicants (they are all legal). Poeple who oppose this proposition, please turn back and see, how the pending cases have been massively filed during 2003 thru 2005 with the same situation (of concurrent filing)

Correcting the system, should not geopardize genuine cases. Rather, Filing I485 would be a step in relief.

Based on the immigration related events for the last 2 years, I think that the "single point agenda of filing I 485 without PD" is a good approach. I do not think that the 'negative point' that you have raised with regards to clogging of the system is valid. I think that USCIS will find ways to get the required funding - if required they will charge 'premium fees' to the applicant. If you see the way they have gone about optimizing the whole GC application process with PERM filing and I-140 premium, the I-485 filing without PD seems to be a logical step forward in their 'incremental approach' towards eliminating backlog.

I think the 'I-485 filing without PD' will get the legal immigrants well-ahead in the queue, before the flood-gates for 'non-documented immigrants' will be opened, as part of the CIR bill.

 

[texancanadian]

IV should go with a realistic aim and filing 485 without PD is realistic. Lets not aim for unrealistic pie in the sky things which arent going to happen. If dems want to bring in CIR they will (which I doubt though until after the next presedential elections).

It was extremly unfair for those who filed their labors in 2001 when just because they were from states with slower processing ppl from fastor labor processing states got their greencards even though they had later PD.

 

[sfmars]

Filing 485 without priority date being current has a lot of negatives withit.

1) allows anyone who entered into usa with non immigrant visa to apply for 140/485 if they can find a sponsor. It is taking perm labor one to two weeks to get approved. It will allow anyone to land and pretty much immediately file for greencard. It would be in the hundreds of thousands. Probably will make getting non immigrant visa from consulates much tougher.

2) For people from severely retrogressed countries it will make it even worse for them. If 7% cap is still in place then even a person from non retrogressed countries would get preference even if the priority dates are 6 to 7 years later. Possibility that with the hundreds of thousands of people who could apply immediately upon entry into USA; the wait for severely retrogressed could be 10, 20 years.

3) Economy will suffer harm because too many people will now flood labor market.

4) For people who have overstayed their I-94 card; most common way to adjust is through marriage. Now, instead of marriage they would float over to employment base and thus clogging the system even more.

Above are reasons why it would be difficult without counter measures. Counter measures would be only people on working visas would be able to adjust status. Everyone else has to go through consular route.

If there is severe, severe retrogression which is what would happen; it would be very difficult for people to maintain "same/similar" job as required by ac21 for many years.

There is only small part of true in the abovementioned statements.
I would say it is kind of opinion of individual who is already getting benefits of having filed I485 and used 180 days rule of AC21.

I agree only regarding family based immigration.
As for Employment based immigration it would be 100% fair to allow everybody with approved LC to file I140/I485. The only limitation I see is 180 days rule, if to cancel it and to take off from AC21 it would be 100% fair.
I think that USCIS does not allow to file I485 without PD because of potential back log issue only.


BTW: To allow I485 filing without PD is enough only to have USCIS decision only KIND OF ONE MORE MEMO.

 

[sfmars]

My priority date is current. I look at everything as it can't be one sided.

Right, I believe that people who's PD is current especially will not support filing I485 without PD. It is clear that they get only disadvantages from that.

#1 reason people want to file 485 is so they can switch employers. #2 reason is to allow spouses to work. #3 reason is to avoid consulate with visa stamping.

I think that priorities depend on the certain individuals and specific of their employment. However time of processing is also imporatnt. How about people waiting decision on the I485 step more than 2-4 years (because of name check and other processing issues) ? Giving people opportunity to file I485 could minimize future time waiting ?

Since you challenged me to quote law in the past; I will leave it upto you to justify this position.

I know it is the law of when you can file; not in just writing a memo. Please expand and quote relevant law on this.

As I know one time INS came up with decision to allow concurrent filing of I140/I485, and law was not required for that, they simply issued memo.
I think that law and Congress' decision required to change number of immigrants per year or to apply changes to particular categories of immigrants. The decision to allow to file I485 without or with PD is internal matter of USCIS (how to process cases), and number of immigrants will not cahnge per year.

 

[sfmars]

What would be the disadvantage???

Because people with current PD may think that change may require additional USCIS work force and potentially due to that fact USCIS has less time to process cases who's PD is current.

You need to quote the law. Visa dates, numerical limitation cover when/who can file and when they can get approved.

The law says only how many immigrants allowed each year in each category. It does not say anything how many of them allowed to stay in the processing line in I485 step.

I know one guy in this forum who is in EB3 category ROW and his PD is not current. His lawyer has filed EB2 I140/I485 concurrently, he got EAD and AP.
In a couple of months USCIS issues RFE and enforces him to be in EB3 category (His EB3 PD is not current then), but they did not cancel EAD and AP and did not denied I485, recently I found that he got the second EAD and AP.

Based on that example I can conclude that is internal matter of USCIS how to process I485 and allow to file it without PD. And law is not required to change it.

BTW: Even before concurrent filing, approved I140 was one of the document to file I485. It was technically not possible before their decision successfuly file I140/I485 concurrently.

 

[nyc8300]

Un

Filing 485 without priority date being current has a lot of negatives withit.

1) allows anyone who entered into usa with non immigrant visa to apply for 140/485 if they can find a sponsor. It is taking perm labor one to two weeks to get approved. It will allow anyone to land and pretty much immediately file for greencard. It would be in the hundreds of thousands. Probably will make getting non immigrant visa from consulates much tougher.

By that argument, why doesn't the US close the PERM system or stop issuing any visas. When the system is being made more transparent and simple, all the parts need to be made simpler. If some employer would like to get status adjustment for a candidate done in 2 weeks through PERM, so be it. Employers do it via L-1's anyways. USCIS will need to monitor the misuse of this by 'gamers' as it does for every other visa. Another thing to consider is getting younger, more up to date/skilled workers and getting them to be permanent citizens is probably more productive for the economy. Isn't that how corporate US works? That's for another discussion though....

2) For people from severely retrogressed countries it will make it even worse for them. If 7% cap is still in place then even a person from non retrogressed countries would get preference even if the priority dates are 6 to 7 years later. Possibility that with the hundreds of thousands of people who could apply immediately upon entry into USA; the wait for severely retrogressed could be 10, 20 years.
Should not be the case; if i understand you right, EB relief will only make everybody get into the same queue. Are you referring to extra workload on USCIS that will make them process slower and make retrogession last '10, 20' years. Seems like too much. Anyways, if USCIS is so beaten down with work, let them charge for extra work around EB relief. Nobody is advocating EB relief without massive fee increases for USCIS to improve their infrastructure. Also EB relief should be for retrogessed countries anyways. Non- retrogessed country candidates can get their cases taken care of earlier anyways. Anyways are we talking how to make USCIS's work easy here or EB relief?

3) Economy will suffer harm because too many people will now flood labor market.
Don't know about that one. I don't know how many people are there on L-1 with their spouses flooding the market as compared to H-1b who are waiting for adjustment of status. Also it is not clear as to how many people are waiting to get EB relief. For USCIS to decide if the numbers are allowable.

4) For people who have overstayed their I-94 card; most common way to adjust is through marriage. Now, instead of marriage they would float over to employment base and thus clogging the system even more.
This will need to be countered as given in your counter measure. However I think if a person is bent upon marrying a US citizen just to get a GC will get a GC by any means or will just stay illegally. He/she is not waiting for EB relief to make his next move . Trying to stop 'gamers' has to be stepped up by USCIS. Kind of closing the loopholes as new rules are made.


Above are reasons why it would be difficult without counter measures. Counter measures would be only people on working visas would be able to adjust status. Everyone else has to go through consular route.
With you for counter measures. I think by allowing EB relief, USCIS is letting people move around more freely, it is unfair to assume that a good performing worker can do the same/similar job for 5 years or more in this economy.

If there is severe, severe retrogression which is what would happen; it would be very difficult for people to maintain "same/similar" job as required by ac21 for many years.

Pluses for EB relief
Overall, EB relief should be less of an argument as compared to allowing illegals/less qualified people based on productivity itself. A historically low level of unemployment rate (4.5%) is another very big plus.
Equity between rights of L-1's spouses and H-1b spouses.
Good for Lawyers, bad for 'staffing companies' - more turnover for staffing companies; lawyers as usual make their money on people playing musical chairs. Overall good for efficiency and gets away from employer based system misuse (lot of political bias against employer misuse of immigrants anyways)

Bet on 50K people getting to play musical chairs vs. 20 million illegals gettign relief first; Well!, illegals have gotten a better deal historically. That is the only negative I see; lawyers like yourself coming in and putting the negative spin on this one too; so I still wouldn't bet on IV getting this done.

 

[tusharvk]

I would say IV should push for relief in terms of ability to file I485 for persons with approved LC & 140. The dependents will stay legally but not get EAD. Then the system does not get flooded.
preparation and filing of perm paperwork takes about 2-3 months. Reasonable time to clear LC & 140 would then be estimated at 5-6 months. This means the person is staying with the employer for atleast 1 year before changing the job (including 180 days after 485 filing).

Also, people on B1, F1, etc. would need to find an employer first before they can get to 485. They can of-course work for staffing companies. But staffing companies have no incentive to file the person's LC because they know the person will leave them in a year (with the ability to file I485 without waiting for pd to be current). Not much flooding of the labor pool is expected with such safeguards in place.

With the ability to file 485 without pd being current, employer could evaluate the employee's abilities, etc. much longer before filing their PERM because the employee can get GC-like benefits in 1 year of starting the GC process. So this can be good for employers (even staffing companies may change their model around this).

 

[kgred73]

As visa numbers are consumed only when the I-485 is approved, it makes a lot of sense to allow I-485 filing even when priority date is not current. Priority date should determine when a I-485 application can be approved - if it is approvable. It provides ample time for USCIS to conduct the security check procedures and also provides more accurate demand projections for visa numbers.

Also concerns that labor market will be flooded are misplaced. Just the fact that you have an EAD is not sufficient to get a job. Skills and market conditions play a much more important role. Labor is not a exactly a commodity like wheat where a sudden increase in supply will generate a price (wage) drop.

 

[indian_gc_ocean]

I agree with other posters that filing 485 is good for everyone in general but if we look at the way USCIS has been working for the last few years, we see that the BECs are actually meant to reduce 485 backlogs at USCIS even though we continue to think that they are to clear labors backlogs. These labor BECs are a way to clear the labors that have the PDs current. The name check BECs they are starting from next week are also meant to reduce 485 backlogs at USCIS by introducing one more layer for partial 485 processing outside USCIS.

So, we can all keep discussing about all this, but IMHO, USCIS will not yield an inch to any such move that floods their system with all the outstanding 485s.

 

[sfmars]

I will give you a scenario if everyone could apply:

Person A from Pakistan is here on H-1b, waiting for greencard. His parents come to visit him; either to visit grandchildren, or just a visit. Person A has friend who owns gas station/convenience store. Before, parents come to USA; he gets friend to sponsor them for labor. As soon as parents come here; they immediately file 140/485/ead/ap. Now, parents can come and go as they please. If 7% cap is still in place; his parents will get in front of you in line for the greencard.

Person B, living in Australia; comes to visit friends quite often in USA. He has no intention of living in USA at this time. He is familiar with this rule and is afriad it could change later. On one of his visits; company sponsor him for labor/140/485. He waits for advance parole and then goes to Australia nowing that he can come and go as he pleases. This person also gets in front of you due to the 7% quota.

I could just imagine the possibilities that lawyers/companies/candidates would come up with.

That is why it is important to put some controls around it; if this is the path people want to go down.

Technically there is nothing wrong with Person A and B. Do you think that before 2005 (before severe retrogression) there was more control ?

Why do you think there was a problem for Person A and B to do the same sometime in 2004 ?

And generally what makes you think that is very easy to file adjustment of status being on the B1 or F1 visa and INS lets those cases to come through? I could believe it is theoretically possible to apply for green card for them through consular processing but not through adjustment of status.
Do not use examples of 245i.

INS can say you lied to us when applied for B1.

Even being on J1 visa (which allows to work) people transfer to H1 first and then file adjustment of status.

 

[GreenCardVirus]

I think all hell will break loose if they allow one to file 485 even when PD is not current.

One reason why companies sponsor a GC is because they can bind a person in employment for few years. If we take this "wait" incentive out, the only reason remaining for a company to sponsor a GC will be when they really like the person for his/her work, which they will only know if the person has already worked for say 2 years.

With PERM, 140 Premium Processing 140 and AC21 180 day Rule, 95% of employers will have no reason to sponsor a GC. The only people who will be filing will be those gaming the system or those who make treat GC as business.

I would suggest the following checks if PD is not current yet.

1. Abilitiy to file 485 if 140/LC has been approved for 3 years or more

2. Ability to file 485 immediately if the person has worked in USA for last 5 years in the same field.

3. Allow spouse to file for 485 if primary has already filed for 485

 

[priyargc]

Thanks to every one for wonderful analysis. Specially I thanks unitednations for extraordinary alalysis.

As I mentioned in my starting post, the purpose of the discussion is to analyze whether we are doing right or wrong? Whether it is beneficial to EB community in long run?

Once again thanks to every one and further welcome for unbiased and openminded discussion.

 

[indian_gc_ocean]

Thanks to every one for wonderful analysis. Specially I thanks unitednations for extraordinary alalysis.

As I mentioned in my starting post, the purpose of the discussion is to analyze whether we are doing right or wrong? Whether it is beneficial to EB community in long run?

Once again thanks to every one and further welcome for unbiased and openminded discussion.

Question is not what is correct/incorrect or ethical/unethical ?. When was the last time USCIS did something that is permenantly benifits a person waiting for immigration. For me, actually quota system in EB immigration does not look right because we are not following the quota system in employing a person in a company(don't want to debate it here though). Yes, there are wonderful solutions thinking outside the LC, I140, 485.... All that USCIS can do is to add patches, fixes to patches and finally delay the fixes. Because USCIS thinks that there are too many labors that would be cleared from BECs, they are working towards stopping concurrent filing in future in a way to stop having too many 485s filed and what are we optimistically thinking ?, allowing us to file 485 when the PD is not current. What happened to all those people in the late ninties who left the country because their PD was not current, did INS do anything at that time?. This is a very old problem and the last thing INS wants is jamming their age old system with tons of 485s that are not even current.

didn't mean to hamper the discussion tempo, just my thoughts.

 

[nyc8300]

UN,You are right, I am a gemini with a split personality or should I say multi faceted.
I agree with your conclusion i.e. 'relief with controls'.
Also I should say this; we are looking at rules and regulations so much that the big picture gets clouded. Ultimately, EB candidates are better contributors in terms of productivity compared to most other immigrants. The country needs to keep the bad apples out but has to attract the good ones. I don't have much data on me but a high wage earner/EB should be a +ve contributor to social security. Also we need to see that taxes in the country are higher even to developing countries like India. Also due to the new taxes on US expats, it is a disincentive to be a US permanent resident/citizen.
I think EB relief will make people less impatient and seek less of GC/citizenship.

nyc, you have jekyll/hyde postings. Sometimes very thoughtful, and sometimes not so thoughtful. Are the thoughtful ones being put here by your wife

I think it is a doable measure; there just needs to be controls put in here that not everyone can apply. From monetary point of view; it is win/win for lawyers. Potentially, everyone who enters usa on any types of non immigrant visa is new client.

I will give you a scenario if everyone could apply:

Person A from Pakistan is here on H-1b, waiting for greencard. His parents come to visit him; either to visit grandchildren, or just a visit. Person A has friend who owns gas station/convenience store. Before, parents come to USA; he gets friend to sponsor them for labor. As soon as parents come here; they immediately file 140/485/ead/ap. Now, parents can come and go as they please. If 7% cap is still in place; his parents will get in front of you in line for the greencard.

Person B, living in Australia; comes to visit friends quite often in USA. He has no intention of living in USA at this time. He is familiar with this rule and is afriad it could change later. On one of his visits; company sponsor him for labor/140/485. He waits for advance parole and then goes to Australia nowing that he can come and go as he pleases. This person also gets in front of you due to the 7% quota.

I could just imagine the possibilities that lawyers/companies/candidates would come up with.

That is why it is important to put some controls around it; if this is the path people want to go down.

 

[priyargc]

Unitednations,

I am impressed with your micro level true analysis for this issue. You highlighted the potential long term consequences of I 485 without a priority date. You clearly explain with example of person A and Person B. It is highly persuasive about how system will be abused and how people with India, China and Phili will be suffer. Before reading this, I didn't realized that.

What is your openion about the potential threat for retrogression ending provision due to interim push of I 485 filling? I posted as follow in my starting post:

"3. If Congress accept interim demand of I 485 filling and bussinesses push H1B increase, it may seriously jeopardize further retrogression ending provisions for EB community as Congress is not going to address EB relief time and again. According to many experts, CIR future is uncertain. If I 485 filling and H1B increase accepted as an interim relief and CIR fails, there won’t be any EB relief for 3 to 4 years and whole EB community will be in dark tunnel for many years. Last EB relief was given in 2001.
4. The opposing group arguing that instead of pushing single agenda, lets go for full retrogression ending provisions when ever get earliest chance. Congress has not addressed EB/H1B since 2001 and they have to give something to EB/H1B as pressure is accumulating."

I would appreciate your reply

nyc, you have jekyll/hyde postings. Sometimes very thoughtful, and sometimes not so thoughtful. Are the thoughtful ones being put here by your wife

I think it is a doable measure; there just needs to be controls put in here that not everyone can apply. From monetary point of view; it is win/win for lawyers. Potentially, everyone who enters usa on any types of non immigrant visa is new client.

I will give you a scenario if everyone could apply:

Person A from Pakistan is here on H-1b, waiting for greencard. His parents come to visit him; either to visit grandchildren, or just a visit. Person A has friend who owns gas station/convenience store. Before, parents come to USA; he gets friend to sponsor them for labor. As soon as parents come here; they immediately file 140/485/ead/ap. Now, parents can come and go as they please. If 7% cap is still in place; his parents will get in front of you in line for the greencard.

Person B, living in Australia; comes to visit friends quite often in USA. He has no intention of living in USA at this time. He is familiar with this rule and is afriad it could change later. On one of his visits; company sponsor him for labor/140/485. He waits for advance parole and then goes to Australia nowing that he can come and go as he pleases. This person also gets in front of you due to the 7% quota.

I could just imagine the possibilities that lawyers/companies/candidates would come up with.

That is why it is important to put some controls around it; if this is the path people want to go down.

 

[priyargc]

Thanks unitednations.

I think people who are waiting for I 485 should understand the long term effect

I am scared to note the analysis of unitednations that if I 485 filling enacted, millions of people living here will call their relative on visiter visa, Get the PERM approved, I140 approve in premium processing, file I 485/EAD/AP, and live and work in the US for ever (they don't bother for GC). For example person come from small country like Somalia using this loophole will get GC in one year compared to the person of retrogressed country, who is waiting for 10 years

If I 485 filling without priority date current enacted, it will be applicable for family based immigrant also (however I am not sure).

Yes, I agree congress will not want to address this issue over and over again.

We will only get one bite of the apple.

It has come up over and over again that they are in no mood of interim solutions but want long term solutions.

If it is granted 485 filing without priority date then it will be even tougher to convince congress that people are being harmed. Although people may want blanket filing of 485; it is one of those things that people will get restless really fast as there would be never ending retrogression. It would be a catastrophic mistake for people from severely retrogressed countries unless there is controls put in place, making it difficult to apply (either waiting period, or only working visas).

If there is a blanket opening up of 485 filings; everyone will come to see the mistake later and it will become very difficult to repair it. It would be difficult to even see them increasing the quota to 300,000 when there could be potentially millions of people with 485's filed.

I don't think people really realize how many people would be eligible to file and would file.

 

[nyc8300]

Classic!

It seems more and more things in the country are being run by fear rather than anything else. I think UN put out a big caveat/precondition when he suggested EB relief. Also you are assuming PERM and I-140 is like getting a credit card.
It seems you will use the case that suits your position. Classic WMD!

Thanks unitednations.

I think people who are waiting for I 485 should understand the long term effect

I am scared to note the analysis of unitednations that if I 485 filling enacted, millions of people living here will call their relative on visiter visa, Get the PERM approved, I140 approve in premium processing, file I 485/EAD/AP, and live and work in the US for ever (they don't bother for GC). For example person come from small country like Somalia using this loophole will get GC in one year compared to the person of retrogressed country, who is waiting for 10 years

If I 485 filling without priority date current enacted, it will be applicable for family based immigrant also (however I am not sure).