go_guy123
12-25 04:31 PM
I am getting mentally prepared for much much longer wait.
Thanks
meaning you are also planning to marry a US citizen....nothing wrong
This trend will accelerate more in years to come.
When i first came in 1999 marrying us citizen was sort of heard of by IT folks.
by 2003 i was coming across so many cases of marrying us citizen.
among non indians its very common resulting in their PD being more recent.
In fact my friends who went for marrying citizen ...are way better placed in life.
It become so hard to marry from india now with contract jobs lasting short time and salary being so low after cut form h1b vendors. eventually teh pain will reach the point of yield.
Thanks
meaning you are also planning to marry a US citizen....nothing wrong
This trend will accelerate more in years to come.
When i first came in 1999 marrying us citizen was sort of heard of by IT folks.
by 2003 i was coming across so many cases of marrying us citizen.
among non indians its very common resulting in their PD being more recent.
In fact my friends who went for marrying citizen ...are way better placed in life.
It become so hard to marry from india now with contract jobs lasting short time and salary being so low after cut form h1b vendors. eventually teh pain will reach the point of yield.
wallpaper Scabbia from Lacuna Coil.
ras
09-18 10:07 PM
Great Job...
brav
08-31 10:53 AM
Please register me. I live in north west suburbs of chicago.
2011 ROWAN LONDON(LEAD SINGER
HateIV
05-30 04:42 PM
I got this while I tried to login to my account.
Is it because I did not pay any donations? It seems to me that the admins are after money than anything else and hence I never paid.
You have been banned for the following reason:
No reason was specified.
Date the ban will be lifted: Never
Is it because I did not pay any donations? It seems to me that the admins are after money than anything else and hence I never paid.
You have been banned for the following reason:
No reason was specified.
Date the ban will be lifted: Never
more...
nature
08-23 04:34 PM
yes
sixburgh
08-18 01:09 AM
Both me and my wife are working on EAD.
Our AOS is pending since the July 2007 surge.
My company lawyer recently renewed my H1 (to have it as a backup) and also suggested that we renew my wife's H4.
I received my H1 approval and wife received her H4 approval.
I also visited India and re-entered USA on a new H1 stamp.
My lawyer himself is worried now whether he got my wife into H4 status since her approval in May and that since she continued working, he is worried that she technically "worked while on H4" which is not allowed, based on the last action rule.
Can you advise if we have created any issue by renewing her h4?
Also what is the remedy for this.
According to me this should be of NO issues, since a person is allowed to maintain his/her H status while AOS is pending, as per the dual intent doctrine. Also I think the last action rule is applicable within a specific category. For example when a person applies for h1/h4 at almost the same time, both are non-immigrant categories, then if USCIS approves h1 first and h4 later, then the last action rule would get applied and technically person would become h4. BUT this should not affect the AOS application since its a totally different category, thats a immigrant category.
Please advise if we did anything wrong by renewing her H4 and any solution to fix this.
Our AOS is pending since the July 2007 surge.
My company lawyer recently renewed my H1 (to have it as a backup) and also suggested that we renew my wife's H4.
I received my H1 approval and wife received her H4 approval.
I also visited India and re-entered USA on a new H1 stamp.
My lawyer himself is worried now whether he got my wife into H4 status since her approval in May and that since she continued working, he is worried that she technically "worked while on H4" which is not allowed, based on the last action rule.
Can you advise if we have created any issue by renewing her h4?
Also what is the remedy for this.
According to me this should be of NO issues, since a person is allowed to maintain his/her H status while AOS is pending, as per the dual intent doctrine. Also I think the last action rule is applicable within a specific category. For example when a person applies for h1/h4 at almost the same time, both are non-immigrant categories, then if USCIS approves h1 first and h4 later, then the last action rule would get applied and technically person would become h4. BUT this should not affect the AOS application since its a totally different category, thats a immigrant category.
Please advise if we did anything wrong by renewing her H4 and any solution to fix this.
more...
gcnirvana
05-24 06:58 PM
Where did you see/hear this?
Hello All,
My take: these talk radio hosts cannot do anything for our cause. They spend all the time in radio. Only lobbying works and that too a focussed effort. Our focus must be in getting the message across to the Judiciary Commitee members, then as many senators as possible. Next step will be with the house members and this is the most difficult task.
IV is doing this and the results are there in the form of amendments. On another track, Sen Cornyn has introduced a good point in his SKIL bill Section 402. This I am sure is the result of letter from someone affected by retrogression / backlog.
So, we can get results only by presenting our problems directly to Senators and Congressman.
Hello All,
My take: these talk radio hosts cannot do anything for our cause. They spend all the time in radio. Only lobbying works and that too a focussed effort. Our focus must be in getting the message across to the Judiciary Commitee members, then as many senators as possible. Next step will be with the house members and this is the most difficult task.
IV is doing this and the results are there in the form of amendments. On another track, Sen Cornyn has introduced a good point in his SKIL bill Section 402. This I am sure is the result of letter from someone affected by retrogression / backlog.
So, we can get results only by presenting our problems directly to Senators and Congressman.
2010 Hottest female lead singer
Naruto
10-05 07:15 PM
Is there a relation between immigration process (485) and IRS?
If a person owe money to IRS , does he/she have a problem with his/her immigration process? I'm not talking fraud ....! I'm talking owing taxes to IRS
The reason i'm asking is because some lawyer do ask for W2 forms, some do not. That means there is a relationship between immigration and IRS.I just have no idea how it works.
Thanks
If a person owe money to IRS , does he/she have a problem with his/her immigration process? I'm not talking fraud ....! I'm talking owing taxes to IRS
The reason i'm asking is because some lawyer do ask for W2 forms, some do not. That means there is a relationship between immigration and IRS.I just have no idea how it works.
Thanks
more...
skynet2500
07-13 07:53 PM
Fourth Option seems to be the one that IV is pursuing. All the best to IV core in making this happen.
hair Lead singer of ATREYU
balasundaram_s
07-12 03:51 PM
Please consult with an immigration attorney, to make sure your stay is legal. if your i-94 expired, unless you get the revised I-94 with the valid dates, your stay is illegal. If it is more than 180 days, then you are in deep trouble. Consult with an attorney and prepare to leave.....
more...
qplearn
10-23 07:26 PM
Interesting, Murthy's report (http://www.murthy.com/mb_pdf/apr2304.pdf) makes a different interpretation. qplearn, could you please clarify your sources or shed some more light on the issue?:confused:
For the record, filed I-140 and I-485 concurrently (EB2) on June 21 at NSC. Got FP, my wife got EAD.
My lawyer tells me so. Also, the bulletin you cite is very old. Most people stuck in name check, for which BTW there is a separate thread, will coroborrate what i've said.
For the record, filed I-140 and I-485 concurrently (EB2) on June 21 at NSC. Got FP, my wife got EAD.
My lawyer tells me so. Also, the bulletin you cite is very old. Most people stuck in name check, for which BTW there is a separate thread, will coroborrate what i've said.
hot With Female Lead Singers
Kalloo dada
04-04 01:46 PM
Some people are just getting married to US Citizens and getting green card. we are waiting for ever. my friend came here last year got married and have a greencard.
more...
house Ari Up, lead singer of the
inthehole
06-15 05:17 PM
I filed my 485 at Nebraska Service Center. Recently I changed jobs and I moved to Connecticut. According to my address I must file my EAD application to TSC. But, when I did the efile, I received a LIN number as my confirmation. And the confirmation message asked to send the supporting documents to Nebraska Service Center.
I don't know if this is ok.
I don't know if this is ok.
tattoo Lacuna Coil Singer
srikondoji
02-04 03:37 PM
Hi guys,
I have booked an online visa appointment (Chennai consulate) on Feb 26th.
Help me with what is all required for Visa stamping.
Anything to be really careful about?
Any tips will be highly appreciated.
I have booked an online visa appointment (Chennai consulate) on Feb 26th.
Help me with what is all required for Visa stamping.
Anything to be really careful about?
Any tips will be highly appreciated.
more...
pictures of Lacuna Coil prove this
Patrick Lee
July 19th, 2004, 08:17 PM
I currently have the Canon Powershot S50 which i'm selling.
Looking into the minolta Dimage A2 and the Olympus C5060.
Looking to spend about 1300.
I mainly take indoor shots . and looking to print pics as big as 11 x 17
Got the epson 1270 printer .
any suggestion would be appreciated..
thanks janey
Your choice of a D70 will give you great joy in your indoor photography for the next two years especially with the 18mm-70mm kit lens. You can tune the camera perfectly to give you the image you want. Moreover it is one of the fastest camera at this time for the price you are paying.
The 50mm f/1.8, 24mm f/2, 28mm f/2 or the 35mm f/1.4 lens will add to your advantage for great indoor pictures without flash.
As for people who want a SLR-like, the Minolta A2 has better features than the Olympus C-8080 in terms of zoom coverage, number of frames per second, long exposure and weight of the camera.
A2 has a 28-200mm zoom range as compared to 28-140 of the C-8080. You can go at 2.7 fps x 3 images @ fine mode, but the C-8080 can only cope with 1.6 fps x 5 images.
A2 has a maximum of 30 sec for long exposure while Olympus has only 15 seconds. The only advantage of the C-8080 is its marco focusing distance which is 5cm. The A2 can only go up to 13cm.
For those who want a lighter weight SLR-like camera and do not need the speed of the D70, the Minolta A2 can be a better choice. However both cameras have fast speed lenses with the maximum at f/2.8 only.
With the D70, you can even have the 85mm or the 50mm f/1.4 lenses for indoor photography using ISO 1600. Surprisingly the D70 has extremely low noise level even at ISO 1600, something that you cannot find in the other two SLRs.
Looking into the minolta Dimage A2 and the Olympus C5060.
Looking to spend about 1300.
I mainly take indoor shots . and looking to print pics as big as 11 x 17
Got the epson 1270 printer .
any suggestion would be appreciated..
thanks janey
Your choice of a D70 will give you great joy in your indoor photography for the next two years especially with the 18mm-70mm kit lens. You can tune the camera perfectly to give you the image you want. Moreover it is one of the fastest camera at this time for the price you are paying.
The 50mm f/1.8, 24mm f/2, 28mm f/2 or the 35mm f/1.4 lens will add to your advantage for great indoor pictures without flash.
As for people who want a SLR-like, the Minolta A2 has better features than the Olympus C-8080 in terms of zoom coverage, number of frames per second, long exposure and weight of the camera.
A2 has a 28-200mm zoom range as compared to 28-140 of the C-8080. You can go at 2.7 fps x 3 images @ fine mode, but the C-8080 can only cope with 1.6 fps x 5 images.
A2 has a maximum of 30 sec for long exposure while Olympus has only 15 seconds. The only advantage of the C-8080 is its marco focusing distance which is 5cm. The A2 can only go up to 13cm.
For those who want a lighter weight SLR-like camera and do not need the speed of the D70, the Minolta A2 can be a better choice. However both cameras have fast speed lenses with the maximum at f/2.8 only.
With the D70, you can even have the 85mm or the 50mm f/1.4 lenses for indoor photography using ISO 1600. Surprisingly the D70 has extremely low noise level even at ISO 1600, something that you cannot find in the other two SLRs.
dresses not be the lead singer but
gc_in_30_yrs
02-13 04:02 PM
hi,
where is the format and what words to use and to whom we have to address. i am not on IV website all thru the day, so, i am missing the great chunk of information by evening i log in. can anyone guide me thru the process, i am willing to hand written the letter. i have seen several threads on this admin fix / letters campaign; but to be honest, i could not find anything than asking members to write letters.
thanks for the help.
where is the format and what words to use and to whom we have to address. i am not on IV website all thru the day, so, i am missing the great chunk of information by evening i log in. can anyone guide me thru the process, i am willing to hand written the letter. i have seen several threads on this admin fix / letters campaign; but to be honest, i could not find anything than asking members to write letters.
thanks for the help.
more...
makeup Beth Ditto is the lead singer
mayitbesoon
07-07 12:50 PM
I am in a similar situation. My lawyer prepared the following letter which seems much simpler than what you had mentioned. I hope, its helpful. However, my company HR is not willing to even sign on this one. they omitted the word 'permanent' and also, removed the last sentence mentioning that i will continue as full time employee after receiving the green card. I regret joining a big company now. But, we are where we are and have to deal with it.
July 1, 2009
Nebraska Service Center
USCIS
U. S. Department of Homeland Security
P.O. Box 82521
Lincoln, NE 68501-2521
Re: Permanent employment of Mr. your name
Dear Director:
This letter is submitted in support of the above-captioned matter.
Mr. 'your name' has been our employee since 'Date'. The position offered to Mr. 'name' is a permanent, full time position of a 'job title' with the annual salary range of $000.00 which requires an individual with a Bachelor’s Degree in computer related field and work experience in information technology industry. The following are the duties of the offered position:
'insert your job duties here'
Upon receiving permanent residency, Ms. 'name' will continue her employment with our company in the same capacity as a full time permanent employee.
For our company information, please visit our website at www.xxxx.com.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Name of the HR person.
Designation
July 1, 2009
Nebraska Service Center
USCIS
U. S. Department of Homeland Security
P.O. Box 82521
Lincoln, NE 68501-2521
Re: Permanent employment of Mr. your name
Dear Director:
This letter is submitted in support of the above-captioned matter.
Mr. 'your name' has been our employee since 'Date'. The position offered to Mr. 'name' is a permanent, full time position of a 'job title' with the annual salary range of $000.00 which requires an individual with a Bachelor’s Degree in computer related field and work experience in information technology industry. The following are the duties of the offered position:
'insert your job duties here'
Upon receiving permanent residency, Ms. 'name' will continue her employment with our company in the same capacity as a full time permanent employee.
For our company information, please visit our website at www.xxxx.com.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Name of the HR person.
Designation
girlfriend Lead Singers You Think Are Hot
vet282000
04-22 10:11 AM
PhDs in few fields of medicine are included, but the list is not a comprehensive list, many areas are ignored
hairstyles music from lacuna images,cristina Cristina+scabbia+lacuna+coil
lkapildev
11-19 04:45 PM
Mine is LC SUB PD May 2001/EB2. File on visa fiasco, no update no LUD on any file other than EAD.
So do not get angree on people who used LC SUb.
So do not get angree on people who used LC SUb.
desi3933
03-10 11:34 AM
....does PD porting require that the new GC application have exactly the same job profile as the one for which the original Labor was filed and I-140 approved?
No.
The only requirement is that both I-140 must have same beneficiary and all I-140 must belong to eb-1, eb-2, OR eb-3 preference categories.
The Priority Date recapture applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
_______________________
Not a legal advice.
US citizen of Indian origin
No.
The only requirement is that both I-140 must have same beneficiary and all I-140 must belong to eb-1, eb-2, OR eb-3 preference categories.
The Priority Date recapture applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
_______________________
Not a legal advice.
US citizen of Indian origin
gautamagg
07-20 02:27 AM
As some of you know that I don't really post on IV after the belittling of my posts and stand regarding F1 visas and support to Mr , I was asked by another IV loyalist friend who felt it was relevant I shared a letter I had sent to Mr. E Gonzalez over email yesterday as learnt of this issue yesterday.
Dear Mr. Gonzalez
I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.
Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?
On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.
The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:
Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.
After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.
Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html
Thanks
Gautam
Dear Mr. Gonzalez
I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.
Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?
On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.
The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:
Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.
After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.
Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html
Thanks
Gautam
0 comments:
Post a Comment