Pushing of I 485 filling as an interim relief or not

[GreenCardVirus]

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.

Congress has not addressed EB/H1B since 2001 and they have to give something to EB/H1B as pressure is accumulating

Really appreciate your thoughts on this one -- right on the mark.

Just want to add that in 2001 Congress did not address any "real" retrogression ending measures. They merely played with numbers but letting India/China use unused visa numbers from other categories, which at that time was really significant, ending all retrogression.

Before asking for ability to apply for 485 without PD current, remember, the current retrogression is caused because all dates became current after 2001 and remained so for couple of years. There was a glut of GC applications in hope for a quick GC. Everybody, every employer who otherwise would have thought twice before applying for GC went in for it without any thought.

2.5 years later, reality kicked in. Hence this retrogression.

 

[indian_gc_ocean]

I agree with this dependent numbers rather than spending our time, money and energy on 485 filing when we clearly see that uscis is doing all it can to avoid 485 backlogs. In that sense, it may be easier to try for dependent unaccountability.

 

[nyc8300]

Final Verdict from IV....

In light of the pros and cons of this proposal IV has decided not to pursue anything but look for a long term solution i.e. CIR.
In other words, let the congress bail the immigrants out; however when it does happen, it will be a IV victory for its unrelenting efforts.

Waiting for this....

Really appreciate your thoughts on this one -- right on the mark.

Just want to add that in 2001 Congress did not address any "real" retrogression ending measures. They merely played with numbers but letting India/China use unused visa numbers from other categories, which at that time was really significant, ending all retrogression.

Before asking for ability to apply for 485 without PD current, remember, the current retrogression is caused because all dates became current after 2001 and remained so for couple of years. There was a glut of GC applications in hope for a quick GC. Everybody, every employer who otherwise would have thought twice before applying for GC went in for it without any thought.

2.5 years later, reality kicked in. Hence this retrogression.

 

[priyargc]

This would be a great for every one to fight together with businesses and other pro-immigrant organizations for common issues

In light of the pros and cons of this proposal IV has decided not to pursue anything but look for a long term solution i.e. CIR.
In other words, let the congress bail the immigrants out; however when it does happen, it will be a IV victory for its unrelenting efforts.

Waiting for this....

 

[sfmars]

I had posted two examples on another thread of people coming here on other visas and then trying to file 140/485 from ROW and then jumping in line in front of you.

Here is another example. currently for ROW people it can be done in eb2 since dates are current.

----note: after discussions with this person, I found out it was a perm labor with priority date in dec. 2006. Therefore, process of perm, 140/485 was started once person got here. If everyone could file 485 and it is subject to 7% limitation then people from severely retrogressed countries would have a hard time ever getting current.

-----------------------------------------------

I heard about you on one of the immigration portals. I am the employer and ready to file I-140 for alien worker. He and his wife are here on B2 visas.
We are concerned about the ability to pay issue. I heard that you are the best on this.
The instructions are not clear at all. Do you have to send 3 years of tax returns. 2006 is not done yet, can we send audited financial statements? What is an audited financial statement exactly? What if the company did not have enough net income in 2005 and 2004 but has it in 2006. Can you please help us? As the employer we are willing to help the worker to get the I-140 approved.

Can you help us? Please, let me know and also how much do you charge.

Their visa expiring soon, please respond A.S.A.P

UN,

Reading your posts and what you say in it, one can think that people coming in US on B1/B2/F1/F2 or any other non-immograntant visa immeditely go to immigration attorney and they already have settled agreements with owners of the gas stations to file employment based greencards for them on the EB2 basis.

Again and again only H1 visa gives only opportunity to the person to be filed for EMPLOYMENT BASED greencard without questions and problems on the the adjustment based status. I am not talking about refugees and family based cases. All other possibilitoes of non immigrant visas to be filed for green card (employment basis, adjustment of status) is bluff.

 

[mncbabu]

Shows how little you know. This case i am referencing is not gas station.

You guys don't see enough cases to make any type of conclusion how it works behind the scenes.

This person just came to the country a couple of months ago and is going to get the greencard before the spring.

I have shown three examples now. Do you have any examples on your side of the argument?

I agree 100% on this. It is going to be a big big blow to oversubscribed countries, if USCIS allows to file AOS with out visa numbers. People do not think out side of H1B or IT industry. There are so many people (millions) want to come to US with different background. The number of entries DOS receives every year for GC lottery itself an evidence for this.

Of course, the non-immigrant visas other than H and L are not immigrant intent. However the intent can change any time after coming to USA. For example, one boy/girl may come in B visa and fell in love with US citizen and they can marry. US citizen can sponser GC. It is 100 valid, if the intent is not pre-conceved. The same concept will apply to employment based GC. It is not neccssary one must be in H or L staus when applying AOS.

 

[sfmars]

Shows how little you know. This case i am referencing is not gas station.

You guys don't see enough cases to make any type of conclusion how it works behind the scenes.

This person just came to the country a couple of months ago and is going to get the greencard before the spring.

I have shown three examples now. Do you have any examples on your side of the argument?

If it is true story, what you told us in this example, the individual on the B2 visa with his spouse, will have to go to his original country and apply for consular processing.

He will have a lot of questions in the consulate and based on my opinion his chance to get greencard is NIL (zero).

 

[khodalmd]

Almost 10/11 months, I was out of this forum but started reading this thread since few days.

Commendable analysis of priyagc and unitednations. I am strong believer of not pushing single agenda of I 485 as a interim relief and I made lot of logical arguments for negative side of this single agenda in IV forum.

First I am agree with priyagc and unitednations' alalysis here in this thread

Many people who are waiting for I485 are making argument that I 485 is just interim push and after couple of months CIR is there and if CIR fails we will push skil. I am stressing here; give me any example of US lagislation that Congress has address immigration issues again within six months !! If they agree for I 485 filling, it is waste of turn and next relief will be available after years. No body is confident about CIR as we seen CIR drama in 2006. If these people are confident about CIR, why they want to push interim agenda? everything will be ok in few months (but reality is they are also not confident with CIR)

Second important thing unitednations brought to our notice. He explain with concrete examples !! He gave three examples.

1. Person A from small country (for example Shri Lankas) whoes non person in USA will arrange PERM filing in EB3, he will come here at the time of PERM filing on Visitor visa (90 days permission) get approve it and file I 140 in premium processing and on approval of I140, he file I485/EAD/AP and live here for ever. He don't care about GC but want to live here legaly. All the high skilled H1B holders want I 485 filling now, will be cloged by this kind of non genuine people, and vertually never get GC even if Congress increase GC quota.

This person will get much faster GC than person of retrogressed country (India, China etc). Hundreds of thousand people will file I 485 this way. All the 140K visa will be used every year and no left over visa will be available for retrogression country (As per AC21 unused visa alloted to oversubscribe countries. in 2005 EB2 India was alloted 2800 regular + around 15000 extra due to AC21 provisions). Millions of I 485 application will be pending at USCIS. EB2 India/EB3 India will get only 2800 visa per year, if 140k total visa available world wide. Assume Congress double visa number to 280K and Retrogressed countries will get 5600 visas every year and just image how many files will be pending, if I485 will be allowed without priority dates (I am not talking about genuine H1B holder but other who are on visitor/F1 visas etc.)

 

[khodalmd]

As per current law, if alien is in USA on any non-immigrant visa, his labor and I 140 approved, PD is current in his catogary, can able to file I 485. he/she do not need to go back to country of origin for Consular processing.

In case of law change to I 485 filing without priority date current, it would be much much easy for any one to file as now a day PERM and I I40 is quick.

If it is true story, what you told us in this example, the individual on the B2 visa with his spouse, will have to go to his original country and apply for consular processing.

He will have a lot of questions in the consulate and based on my opinion his chance to get greencard is NIL (zero).

 

[khodalmd]

Well said. another example TN visa is non immigrant intent but no one can stop TN holder to apply to GC. But TN holder can not renew TN, while GC application is pending.

I agree 100% on this. It is going to be a big big blow to oversubscribed countries, if USCIS allows to file AOS with out visa numbers. People do not think out side of H1B or IT industry. There are so many people (millions) want to come to US with different background. The number of entries DOS receives every year for GC lottery itself an evidence for this.

Of course, the non-immigrant visas other than H and L are not immigrant intent. However the intent can change any time after coming to USA. For example, one boy/girl may come in B visa and fell in love with US citizen and they can marry. US citizen can sponser GC. It is 100 valid, if the intent is not pre-conceved. The same concept will apply to employment based GC. It is not neccssary one must be in H or L staus when applying AOS.

 

[sfmars]

As per current law, if alien is in USA on any non-immigrant visa, his labor and I 140 approved, PD is current in his catogary, can able to file I 485. he/she do not need to go back to country of origin for Consular processing.

In case of law change to I 485 filing without priority date current, it would be much much easy for any one to file as now a day PERM and I I40 is quick.

khodalmd,

Are you one of them who could make to file I485 before July 2005 ?

In case of law change to I 485 filing without priority date current, it would be much much easy for any one to file as now a day PERM and I I40 is quick.

Even if it is true, what is wrong with that ?

As for successful filing EB3/EB2 individuals based on the B1/B2/F, please give me an examples if you know such individuals who got greencards in the EMPLOYMENT BASED CATEGORIES/ADJUSTMENT OF STATUS based on any non immigrant visas except for H1/L1/O1.

 

[khodalmd]

I am the example. I was not on H1/L1/O1 and filled I 485.

khodalmd,

Are you one of them who could make to file I485 before July 2005 ?



Even if it is true, what is wrong with that ?

As for successful filing EB3/EB2 individuals based on the B1/B2/F, please give me an examnot ples if you know such individuals who got greencards in the EMPLOYMENT BASED CATEGORIES/ADJUSTMENT OF STATUS based on any non immigrant visas except for H1/L1/O1.

 

[sfmars]

I am the example. I was not on H1/L1/O1 and filled I 485.

Interesting, Could you tell us little bit more of your history in US (tell us all of your statuses )? Are you not 245i by chance ?

And very interesting why did you decide today not to support "Pushing of I 485 filling as an interim relief " ?

If I do not hear anything from you, I am under impresion that you simply BS..ing people and blindly support UN.

 

[khodalmd]

First of thing you told in last

I am under ipression that you simply BS..ing people (what does it mean?)

I am not supporting I 485 filing as an interim relief from day one not today. I was at IV forum and I highlighted my concern there. The reason I am not supporting is that I believe, in long run, it will severly hit to all EB community (perticularly retrogressed country). I am on I 485 but believe me, If I was at before I 485, my thought would have been similar.

Image, In 2000, if EB community had realized the impact of 245 i cases on labor system, today the labor system would not have collapsed. Due to 360k cases of 245(i), today genuine people are suffering !! Similar thing can happen and many people on visitor visa enter in I 485 queue and genuine people would be sufferor.

Please don't guess. I am not a 245 (i) case. I never break any rules in my life. Guising some one with lower degnity is always bed. Please don't ask any further personal matter as it is not good to discuss in public forum.

I am Canadian citizen (Indian born) and came to US with TN1. I filled In EB2 from TN1 status.

For your information, I am not blind supporter of any one. Before priyagc and united nation post their analysis, I made my concern to IV forum

Interesting, Could you tell us little bit more of your history in US (tell us all of your statuses )? Are you not 245i by chance ?

And very interesting why did you decide today not to support "Pushing of I 485 filling as an interim relief " ?

If I do not hear anything from you, I am under impresion that you simply BS..ing people and blindly support UN.

 

[sfmars]

TN is the same like H1/L1

First of thing you told in last

I am under ipression that you simply BS..ing people (what does it mean?)

I am not supporting I 485 filing as an interim relief from day one not today. I was at IV forum and I highlighted my concern there. The reason I am not supporting is that I believe, in long run, it will severly hit to all EB community (perticularly retrogressed country). I am on I 485 but believe me, If I was at before I 485, my thought would have been similar.

Image, In 2000, if EB community had realized the impact of 245 i cases on labor system, today the labor system would not have collapsed. Due to 360k cases of 245(i), today genuine people are suffering !! Similar thing can happen and many people on visitor visa enter in I 485 queue and genuine people would be sufferor.

Please don't guess. I am not a 245 (i) case. I never break any rules in my life. Guising some one with lower degnity is always bed. Please don't ask any further personal matter as it is not good to discuss in public forum.

I am Canadian citizen (Indian born) and came to US with TN1. I filled In EB2 from TN1 status.

For your information, I am not blind supporter of any one. Before priyagc and united nation post their analysis, I made my concern to IV forum

khodalmd,

First of all thanks for the answer. But TN visa of the Canadian citizen is not very good argument to argue agains the fact that is almost impossible to file EB2 green card being in US guest/student visa status.

Sorry unfortunatelly I do not read and do not support IV forum.

 

[GotPR?]

khodalmd,

First of all thanks for the answer. But TN visa of the Canadian citizen is not very good argument to argue agains the fact that is almost impossible to file EB2 green card being in US guest/student visa status.

Read this.
http://www.americanlaw.com/dintent.html

Dual intent is not recognized for TN workers. INA 214(e)(2) provides that the TN category is to be treated as a regular admission class under §101(a)(15) of the Immigration and Nationality Act ("INA"). It is therefore subject to INA §214(b). However, it is arguable that dual intent should be recognized for the TN category in light of the fact that the INA does not specifically require a TN worker to maintain a foreign residence abroad. Further, a 1996 letter from Yvonne LaFleur, Chief of the Business and Trade Branch at the INS’ Benefits Division, suggested that a TN worker who was the beneficiary of an approved immigrant petition could still have nonimmigrant intent, if the alien intended to consular process his or her immigrant case rather than adjust status. Although this letter was not intended to be binding on INS officers, it is followed by several ports-of-entry.



Fact is a lot of TN holders going through AOS. Only requirement for AOS is one must be in legal status when I-485 is filed. Intent can be changed. There might be misrepresenting cases that B/F enters the US with immigrantion intent, but saying B/F is impossible to go AOS is a little over the top.

 

[khodalmd]

Thanks sfmars. As per unitednations' analysis (I am convinced after reading that), I would try to explain with simple example.

Hypothetical example:

My cousin is in India and he has master degree in engineering. My company has opening and not finding any one in USA. H1B is not available. I will convince my company and start PERM prefilling process. Now I will advise him to come USA in visitor visa (he will have 90 to 180 days validity of visa). Moment he arrive here, company will file PERM EB2. PERM will approve in max 30 days and file I 140 under premium processing. If I 140 approve before his visitor visa expire, he can file I 485 without priority date (if new law enacted) and get EAD/AP.

It is more easy for me to call any one in EB3 as I know lot of gas station, Dunkins Donutes and Motal owners. People are spending $70K for coming illegal here. It would be a great motivation for these people to have legal status in just $20k !! They will be more than happy to have EAD/AP/I 485 pending status for life time. Believe me, If law enacted, next day hundreds of agents will start pushing thousands of people.

As per the law, alien should have valid non-immigrant status at the time of filing adjustment of status.

Real example of family based immigration:

My friend who is American citizen, called his parents on visitor visa and filed I 130. Their I 130 was approved in 2 months and they filed I 485/EAD. His father was struck in name check for around 2 years and two months from now he got Green Card.

Bottom line is : it is possible to file I 485 from Visitor visa, if I 485 filing without PD current law come into force.
However, I am sure about Student visa F1.

khodalmd,

First of all thanks for the answer. But TN visa of the Canadian citizen is not very good argument to argue agains the fact that is almost impossible to file EB2 green card being in US guest/student visa status.

Sorry unfortunatelly I do not read and do not support IV forum.

 

[nyc8300]

khodalmd,
Can you please write in English! What you and priyargc suggested is in line with your interest. Priyargc was smart enough to play naive to get some points to suit her hidden agenda.
Anyways, whatever you are saying can be thought out by USCIS before they implement any I-485 filing relief. So let's not talk about how concerned you are about people taking advantage of the I485 filing relief situation.

Bottom line- IV thinks it has not many tries left, so IV members want to address the whole thing together. In the same vain, AILA is trying to push more H-1b's and they do not think either increasing visas or I-485 relief should be addressed separately.

Let's be honest here and not use UN's argument to further your personal cause. UN clearly said 'I-485 filing relief with checks'.

Thanks sfmars. As per unitednations' analysis (I am convinced after reading that), I would try to explain with simple example.

Hypothetical example:

My cousin is in India and he has master degree in engineering. My company has opening and not finding any one in USA. H1B is not available. I will convince my company and start PERM prefilling process. Now I will advise him to come USA in visitor visa (he will have 90 to 180 days validity of visa). Moment he arrive here, company will file PERM EB2. PERM will approve in max 30 days and file I 140 under premium processing. If I 140 approve before his visitor visa expire, he can file I 485 without priority date (if new law enacted) and get EAD/AP.

It is more easy for me to call any one in EB3 as I know lot of gas station, Dunkins Donutes and Motal owners. People are spending $70K for coming illegal here. It would be a great motivation for these people to have legal status in just $20k !! They will be more than happy to have EAD/AP/I 485 pending status for life time. Believe me, If law enacted, next day hundreds of agents will start pushing thousands of people.

As per the law, alien should have valid non-immigrant status at the time of filing adjustment of status.

Real example of family based immigration:

My friend who is American citizen, called his parents on visitor visa and filed I 130. Their I 130 was approved in 2 months and they filed I 485/EAD. His father was struck in name check for around 2 years and two months from now he got Green Card.

Bottom line is : it is possible to file I 485 from Visitor visa, if I 485 filing without PD current law come into force.
However, I am sure about Student visa F1.

 

[sfmars]

Examples please for B/F visa EB greencards

Read this.
http://www.americanlaw.com/dintent.html

Dual intent is not recognized for TN workers. INA 214(e)(2) provides that the TN category is to be treated as a regular admission class under §101(a)(15) of the Immigration and Nationality Act ("INA"). It is therefore subject to INA §214(b). However, it is arguable that dual intent should be recognized for the TN category in light of the fact that the INA does not specifically require a TN worker to maintain a foreign residence abroad. Further, a 1996 letter from Yvonne LaFleur, Chief of the Business and Trade Branch at the INS’ Benefits Division, suggested that a TN worker who was the beneficiary of an approved immigrant petition could still have nonimmigrant intent, if the alien intended to consular process his or her immigrant case rather than adjust status. Although this letter was not intended to be binding on INS officers, it is followed by several ports-of-entry.



Fact is a lot of TN holders going through AOS. Only requirement for AOS is one must be in legal status when I-485 is filed. Intent can be changed. There might be misrepresenting cases that B/F enters the US with immigrantion intent, but saying B/F is impossible to go AOS is a little over the top.

TN Visa is not the regular Non Immigrant visa, there is no limitation for number of TN applicants and person can start to work immediately and that visa can be extended unlimited number of times. It has special level of trust.

And I do not even see the reasons for TN visa holder to file in AOS, consular processing is the most applicable case for him/her.

However do you know personally successful cases of B/F applinats for EB greencards who successfully got them ?

Hypothetically one can say a lot of assumptions, how about practice ?

 

[sfmars]

btw; I do know lots of people who have done it.

And I know a lots of people who have not done this, or got response from immigration attorneys "you do not have chances to apply for EB immigrant visa in your current status".

What makes you think that is not true ?
Are you immigration attorney ? Do you have license ?

And again reading what you say one can think that each individual having crossed US border in B1/B2 status goes immediately to file greencard in EB2 category.