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Sorry to hear about your situation.
The one consolation is that once you get to file your 485, you should not spend too much time in that pending 485 situation.
So if you ask me today, would I rather have filed 485 with a PD of 2006/7 or be in your situation, as bleak as your situation looks today, the better choice might be your situation.

Good luck.

Well that depends on lots of things. If your assumption is that the PD is gonna move slowly and gradually forward, then what you are saying is true. Again, once he/she files 485, his 485 is not going to be processed immediately. AP, EAD may be issued but it may take 6-9 months for 485 to get processed.

However, if PD moves so much ahead that your PD is also current, then you will get your GC (if other processes are complete) whereas he/she would have just filed 485.

About 2 weeks back Murthy posted an article in it's bulletin "new AC-21 regulations expected soon" http://www.murthy.com/mb_pdf/050208_P.html which i believe was a result of some discussions USCIS had with AILA?

Now is this new AC-21 memo released today the one being referred to in the above mentioned Murthy bulletin? OR i should still hold my breath for more AC-21 changes coming from USCIS, so they can jeopardize status of people by changing their interpretation of laws every now and then? Anyone?

From Murthy:
AC21 Regulations under Revision
The liaison notes made brief reference to an AC21 regulation being under revision, with publication expected in the near future. AC21 became law in October 2000 and has been interpreted through a series of Legacy INS and USCIS memos, rather than regulations. There have been previous announcements of anticipated regulations on AC21, so it is unclear whether something is finally in the offing.

Guys, these are all good suggestions.

However, it is a fact that EAD/AP etc are given in certain circumstances only. Eg to students on OPT, applicants for Adjustment of Status etc. I dug through INA and it specifically says that the Attorney General shall provide Work permits to applicants waiting for Adjustment of Status applicants. I don't have the time to dig through again and provide a reference, but in any case:

USCIS can't just go give EADs to whomever they please. Legislation is required to authorize these benefits. Students are allowed to work on OPT because Congress legislated that they may, not because USCIS thought it was a good idea.

The bigger point that I am trying to make is that whether we get EAD/AP as a derivative of I485 filing even with retrogression, or as a beneficiary of an approved immigrant petition, is immaterial. Legislation is required to bring about these changes.

If you think about concurrent filers in situations where USCIS takes a long time over immigrant petitions, then you are better off with EAD/AP being a benefit of 485 filing rather than waiting for the I140 approval. You get EAD/AP in a couple months instead of waiting for i140 approval then filing for EAD/AP.

At this point, I am going to go back into hibernation. Thanks.

BTW, please don't quote a whole post if all you are going to say is "I agree".

I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.

"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.

Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."

It is very good, brief and to the point. Just a little comment. Expand EB to Employment Based, and "half that time" to "fraction of that time". Also, add a sentence making reference to lost visas due to USCIS inefficiency (which has a greater chance of getting through) to be captured and used.

Must be posted in a very large number to get attention.

Tangible:

Medical - $145
Photos - $16
USPS - $35
Fees - $650

Total: ~850

Intangible:

1) Advanced my engagement date. Tried to arrange an earlier marriage date. Placed everybody involved, my fiancee, her parents, her brothers, my parents and myself under huge pressure. All the bad reputation which I am facing now because of all that.

2) Bad reputation at work for not focusing on the job and the time that I took off from work to fix appointments for medical.

3) Most importantly the frustration and disappointment from this huge mess.

Lessons learned:

1) DO NOT trust USCIS or DOS, they are here not to help us nor make things easier for us.

2) G.C. process is mainly based on luck and not on merit.

3) We Indians have a bad reputation among Americans, for their allegations that we are taking away their jobs.

4) Bottomline, our life in USA is coming to an close. Time to have our bags packed and ready to relocate back to home.

I sent an email about 2 weeks back to sanjay and I still have not recd any documents that I need to schedule my appointments and what I need to talk about. Please send me an email or PM to give me the guidance.

Thanks from Michigan


I received the Mail from Sanjay. I forwared you the mail.
I'm also from Michigan.

My PD is Aug 2005. My employer by mistake sent the 485 application on June 27 and USCIS received on June 28. Today Aug 21, I received the rejected 485 full package back. Employer is following up whether it can sent back. Anybody has any idea of any luck in this case, or has to wait till dates are current again?:mad:

I have contacted local lawmakers and was told that one office is sending a letter to the White House. However, I was not able to get a copy of the letter so I am not sure if that will really happen. I have asked my employer to send a letter as well. I have sent a letter to IV and White House today and have sent out a template to all friends and family in hopes that several of them will send in letters on my behalf. I know of three people that have done it thus far.

Thanks!

Morokko

I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.

I was thinking the same way; because I am no different.

Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.

I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.

I thought I will just share my ideas so that atleast some of the people will be happier.

Well said.

Below are some links for those who are looking for visa stamping related 'disaster' stories.... I think this is a lost cause since the DOS/DHS really does not care...justice and fairness is probably not in their dictionary.

http://immigrationvoice.org/forum/showthread.php?t=18760
http://immigrationvoice.org/forum/showthread.php?t=19066
http://immigrationvoice.org/forum/showthread.php?p=270800#post270800
http://murthyforum.atinfopop.com/4/OpenTopic?q=Y&a=tpc&s=1024039761&f=4724019812&m=772108581&p=57
http://www.facebook.com/group.php?gid=50933335266
http://spreadsheets.google.com/pub?key=pd-XmqrjF_Zob58NgG0GjWg&output=html

If possible contact those affected members and spread this news. We can draft a letter along with their stories and send it to all media and congressmen, DOS officials.

08/22/2007: October 2007 EB Visa Bulletin Prediction of AILA

Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
Please stay tuned.

just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
So far there is nothing broadcasted which seemed to be breaking news.

I have bought stamps/envelops and printed # of letters by myself and going desk to desk and urging Desi's to sign and send letters.
Great! Everyone is paying me for the stamps and sending letters.
Cheers! I urge everyone do this to their respective work location. It is working like magic! Believe me!

We are all little lazy in this winter weather, just need a little push! That's all!

gc4me, that is a great initiative. I have begun doing it at my work too. The only other thing we should try is, ask them if they can personalize it even a little bit... and offer to help them do it!

Thanks for your efforts!

S.Venkatappa,

Not every employer gave the luxury of PERM option to their employees . . .

Nag, u r in a bad situation no doubt. But u had every chance to apply for labor via PERM as well (many of my friends did that) just to be on a safer side. So u r partially to be blamed for ur sorry state.

you are correct. the new memo requires the adjudicator to approve the old i-140 first and then determine eligibility for porting. it doesn't mean that you can't port if i140 has not been approved.

actually that is not what i understand...though we should wait for

1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.

i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.

what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.

but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.

we should also include professional qualifications aquired in the US and not just MS or PhDs.

We can do better than this. Let's book tickets and fly to DC. We must participate in this event. Please take two days off and be in DC, and if you do not have enough vacation time, take one day off. Please contribute to this event.

We live in NJ and my husband was not ready to take a day off initially, I was going to come with friends and now after bugging him for days together I finally showed him this message about people flying in from CA and well he is motivated to come, he plans to work remotely on the 17th the lobby day, we are bringing some friends visiting from India too;)

When we e-file EAD/AP, do we get the receipt number the same moment the app is fully submitted or the reciept # comes through the mail from USCIS?

See ya in two years, may be.

im waiting for the groans and moans

You don't have to wait you could do some work at your office.

Dude, You are looking at not getting a RFE based on the pics. Not that picture people or JCPenny takes great pics and make u look like Brad Pitt or Tom Cruise.
:D :p
I got 2 RFE's for pictures only. Those are the only 2 RFE's till date for me.
I had real bad experience with digital pics. But there are many people who didnt have any issues. So it is all your luck.

If you have RFE, it sets u back by 2 months for the approval.

Just my 2 cents.....

My experience with Picture People was ok - fair, I guess those are fine pictures as per USCIS specifications, but nothing out of the ordinary. 14.99 for a set of 4 pictures. Set me back about $80 for 3 sets of 8 pictures.

But my own pictures came out better and are as per specifications. The question is whether to take a chance in case i missed anything or to go with Ok-Fair pictures from Picture People. decisions.. decisions... damn.. retrogression