Traffic vs Retrogression

G

GaramChai2go

Registered Users (C)
Though it may seem a dumb argument.
This EB3 retrogession is just like rush hour traffic where more traffic is coming from a busy road and the traffic policemen have to bypass
redlight to allow more traffic from busy road. But in between they pause the busy road and allow traffic from local streets.
Can't they do the same thing for 245i cases vs regular EB3 cases.
Is it wise to stop local street traffic forever?
Any thoughts?
 
245is

GaramChai2go said:
Though it may seem a dumb argument.
This EB3 retrogession is just like rush hour traffic where more traffic is coming from a busy road and the traffic policemen have to bypass
redlight to allow more traffic from busy road. But in between they pause the busy road and allow traffic from local streets.
Can't they do the same thing for 245i cases vs regular EB3 cases.
Is it wise to stop local street traffic forever?
Any thoughts?
Click to expand...

GaramChai2go,

Your analogy is pretty interesting. I consider 245is as a wreck on the highway that has caused some lanes to be completely closed. People in these lanes can't change lanes and are stuck in standstill traffic (EB3 India mostly). The problem is that the DOL/USCIS are not quite sure how severe the 245i wreck is and they are still evaluating the accident scene. To be on the safe side they have gone ahead and blocked a few lanes (Mostly EB3s) completely. Since it is only a few lanes on a multiple lane highway that are closed, there isn't enough pressure or motivation to get things moving in those lanes. Nothing will change until the wreck is cleared or they are confident that it can be cleared in a reasonable amount of time. These lanes will continue to be completely blocked. To add to all this DOL and USCIS have ensured that people whose lanes are blocked don't even get onto the highway (not letting people apply for 485s).

On another note, it is dangerous to equate traffic policeman with USCIS and DOL employees. If the USCIS and DOL employees take up road management, there would be mayham on the roads. Their track record shows (atleast with the way my case has been handled) that traffic will go in all directions without regard for rules or safety :) :)

regards,

saras
 
Can you take up a job in AC21, which is at a higher level than what the original filing was for? or

if your original labor was for lets say software engineer , that is 5-6 years old, and you are portable, and if someone wants to hire you as a software manager now, and you are portable ( 485 pending for 6 mo ), can u take that job ?
 
saras76 said:
GaramChai2go,

Your analogy is pretty interesting. I consider 245is as a wreck on the highway that has caused some lanes to be completely closed. People in these lanes can't change lanes and are stuck in standstill traffic (EB3 India mostly). The problem is that the DOL/USCIS are not quite sure how severe the 245i wreck is and they are still evaluating the accident scene. To be on the safe side they have gone ahead and blocked a few lanes (Mostly EB3s) completely. Since it is only a few lanes on a multiple lane highway that are closed, there isn't enough pressure or motivation to get things moving in those lanes. Nothing will change until the wreck is cleared or they are confident that it can be cleared in a reasonable amount of time. These lanes will continue to be completely blocked. To add to all this DOL and USCIS have ensured that people whose lanes are blocked don't even get onto the highway (not letting people apply for 485s).

On another note, it is dangerous to equate traffic policeman with USCIS and DOL employees. If the USCIS and DOL employees take up road management, there would be mayham on the roads. Their track record shows (atleast with the way my case has been handled) that traffic will go in all directions without regard for rules or safety :) :)

regards,

saras
Click to expand...
Saras, this retro has been here for more than 1 yr, still they don't see choked traffic/lanes? They should clear up the choked traffic unless they have something against us and they have friends/relatives in huge unexpected traffic which came breaking traffic rules from previous traffic lights.
 
gc_tx_2003 said:
Can you take up a job in AC21, which is at a higher level than what the original filing was for? or

if your original labor was for lets say software engineer , that is 5-6 years old, and you are portable, and if someone wants to hire you as a software manager now, and you are portable ( 485 pending for 6 mo ), can u take that job ?
Click to expand...
This is a question for another thread.
 
It's so frustrating

It's so frustrating .......
first you wait for your PD to become current and then
if that becomes current, then you wait for your Namecheck to clear....the saga never ends...


-------------
PD: Aug 02 (EB2/INDIA/TSC)
485 ND: Sep 05
 
It's all part of the grand design!

Santaji (Is it the Claus kind or Banta's twin kind....just kidding),

I realized that fact years ago. This also explains why they have over four levels (or stages) of processing before one gets their green card. Local labor, regional labor, I-140, I-485, not to mention each one of them having their own requirements of RIR, non-RIR, newspaper ads, HR letters, Namecheck, security check, in addition to EAD's, AP's etc etc.

The biggest game (or trick) they play with applicants is how they modulate and control different stages in this process. If they expedite labor processing, they will certainly slow down I-140 and I-485 or vice versa.

If labor is approved in due time (few months to few years), and I-485 is ready to be approved, you could be put into a never-ending Namecheck. If everything else is ready and the case is approvable, you will meet the Retrogression "monster".

The woes are endless. But the lessons are not. I, for one, believe that for every one individual who will take an extra 2-4 years (on top of what the "normal" timeframe may be) to get his Green card, he/she will also be away from their citizenship by the same time, and any potential sponsorship of family members. This is what I suspect is USCIS policy, maybe not so explicit. Even family based ROW is as slow as India or China or any other EB retrogressed country. The bottomline: USA wants to severly limit the number of people it wants in. And I don't disagree with that bit.

Most people that I know who have green cards or are citizens or close to becoming one, don't appear too enthusiastic about sponsoring kith and kin from India. I guess they remember the travails and tortures of their own process and unless desperate, will not put their loved ones through this "Black Hole".

I give much more credit to the guys at USCIS/DOS/DHS and have no doubt that there are some very smart guys, albeit hawkish when it comes to immigration issues. They know how to regulate the valve and flow of immigrants to this country.

Since Visa numbers have reverted to normal levels for H1-B's in the last few years, and whatever "extra" income USCIS can make is from those 2-3 some years of H1-B increase applicants, maybe the present mess is a combination of case overload as well as "extra" revenue model that they are milking to capacity. In a few years, there will not be over 100,000 extra applicants paying renewal EAD's and renewal AP's to USCIS.

Roll the dice and await your turn...that's what it's all about.

santa4u said:
It's so frustrating .......
first you wait for your PD to become current and then
if that becomes current, then you wait for your Namecheck to clear....the saga never ends...


-------------
PD: Aug 02 (EB2/INDIA/TSC)
485 ND: Sep 05
Click to expand...
 
No grand design but just plain lethargy & inefficiency on part of USCIS

GC_TRAP said:
The biggest game (or trick) they play with applicants is how they modulate and control different stages in this process. If they expedite labor processing, they will certainly slow down I-140 and I-485 or vice versa.

If labor is approved in due time (few months to few years), and I-485 is ready to be approved, you could be put into a never-ending Namecheck. If everything else is ready and the case is approvable, you will meet the Retrogression "monster".

The woes are endless.
Click to expand...

You are giving too much credit to the USCIS system but saying it is a grand design on their part! I would say it is just plain lethargy and inefficiency.

From my own experience, I can say the following inefficiencies in USCIS system which resulted in delay to my case:
AA)Some dull-heads in TSC thought for concurrent filed cases they have to wait for I-485 processing dates to be crossed before touching I-140!
BB)When prodded from Senator's office, they approved I-140 but transferred I-485 to local office for interview for no apparent reasons!! (Had been with the same employer who sponsored the GC ever since I came to USA)
CC)Not issuing FP notices to all members of the family at the same time
DD)Local office not scheduling the interview when PD was current first and again when it became current after a few months of retrogression; only to schedule it when the grand retrogression hit EB3 India. (There were no name check issues)
EE) Even on the date of interview the personnel in local office were complaining that far more interviews had been scheduled for the day than they could handle in a day!

Now I am no longer bothered about this process since I am working for my own LLC (thanks to the USCIS memo saying self-employment is OK when you are on EAD)
 
GC_TRAP said:
The woes are endless. But the lessons are not. I, for one, believe that for every one individual who will take an extra 2-4 years (on top of what the "normal" timeframe may be) to get his Green card, he/she will also be away from their citizenship by the same time, and any potential sponsorship of family members. This is what I suspect is USCIS policy, maybe not so explicit. Even family based ROW is as slow as India or China or any other EB retrogressed country. The bottomline: USA wants to severly limit the number of people it wants in. And I don't disagree with that bit.
Click to expand...
Nah, it's all plain incompetence and stupidity. For example, if they wanted to maximize revenue they could give 2- or 3-year EADs and advance parole by charging double or triple the fee for those who want a 2- or 3-year. They'd get multiple years money for the work of one application.

I have no problems with them deciding to seriously limit the number of immigrants, I just want them to be efficient and open about it. They are not doing us a favor; we are each paying them lots of money to process our applications, from which they get salaries to pay their rent and put food on the table. Let them set their quotas however they want, but they should give everybody a yes/no decision promptly.

By dragging things out, they are hurting not just us but also the American people. The slow process allows troublemakers to remain for years and cause more trouble until they get denied years later. It also restrains the law-abiding productive applicants from maximizing their contribution to the economy, as it makes them postpone or decide against things like starting a business or progressing in their career or buying a house.

It's just plain incompetence, not design. There are far better ways to restrict immigration while still maximizing the benefit to America.
 
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How does one work for his own LLC while on EAD?

Hi Dallas03096,

You've mentioned in your post that you work for your own LLC.
How is that possible while on EAD? Could you pls elaborate.

Thanks
 
whitelightning said:
Hi Dallas03096,

You've mentioned in your post that you work for your own LLC.
How is that possible while on EAD? Could you pls elaborate.

Thanks
Click to expand...
With EAD you can do any kind of work that a green card holder would be allowed to do, including your own business. But it should be in addition to, and not instead of, the job you are using to qualify for the green card. Unless you are sure that the work you do in your own company is "same or similar" enough to the job on your green card application (labor certification).

For example, with EAD I can start and work in my own landscaping company on the side while keeping my programming job. As long as I have a job that meets the criteria for my green card, USCIS does not bother me about any additional jobs I got with EAD.

But if the landscaping company is my only job, it obviously isn't "same or similar" to the programming job on which the green card application is based, so that would be a problem. The big question with running your own LLC is whether it would by itself qualify for the AC21 "same or similar" criteria. I think very few situations would meet the criteria, so I wouldn't take the risk of working for my own company as my only job.
 
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AC21 and Self-Employment

Jackolantern said:
Unless you are sure that the work you do in your own company is "same or similar" enough to the job on your green card application (labor certification).

The big question with running your own LLC is whether it would by itself qualify for the AC21 "same or similar" criteria. I think very few situations would meet the criteria, so I wouldn't take the risk of working for my own company as my only job.
Click to expand...

Here is the USCIS clarification on self-employment and AC21:
http://www.uscis.gov/graphics/lawsregs/handbook/AC21intrm051205.pdf
http://shusterman.com/pdf/ac21-51205.pdf
Interim Guidance for Processing Form I-140 EB Immigrant Petitions and Form I-485 and H-1B Petitions under AC-21 (5-12-05)

Question8. Can an alien port to self-employment under INA 204(j)

Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a “same or similar” occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
 
Hi Jackolantern, Dallas03096, and UnitedNations,

I appreciate you all for your informative thoughts and pointers to this topic. Makes it very interesting. It does point to avenues to explore.

Thanks a lot to all of you once again.

WhiteLightning
 
Is invoking AC21 for self-employment a risk?

unitednations said:
Dallas, you must be a risk taker.
Click to expand...
Agreed. I am a risk taker.
Many years ago, when I quit my job as a top level manager in Chemical industry to take up a SAP career, that is what people told me! But it has paid dividends!!

Coming to USA on H1B was the biggest risk I have ever taken in my life :) But it has also paid dividends!

However I don't think being employed in my own LLC on same occupation is a risk. This is based on legal advice I got as well as the USCIS memo I quoted in my earlier message.
 
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Looking at your sig, it seems you have gotten past the major scrutiny and no longer need to worry about being RFE'd to death:
Interviewed on: 09/28/05 Case approvable but has to wait for visa # availability
Click to expand...
But for other people who haven't reached as far, working for their own LLC as their only job is still a risk, given the other issues that may be questioned such as ability pay.
 
The sooner some posters realize that 245i and retrogression have absolutely nothing to do with each other the better off they will be:rolleyes: Now carry on with the conversion :D
 
envision said:
The sooner some posters realize that 245i and retrogression have absolutely nothing to do with each other the better off they will be:rolleyes: Now carry on with the conversion :D
Click to expand...
Then what is 245i and why retrogression, please share some info.
 
envision said:
The sooner some posters realize that 245i and retrogression have absolutely nothing to do with each other the better off they will be:rolleyes: Now carry on with the conversion :D
Click to expand...

On what basis have you concluded this?
 
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