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Old 02-25-2009, 02:50 AM
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Thumbs up PROPOSAL: 485 Adjudication during retrogression


“A journey of a thousand miles begins with a small step.”

~ Lao Tzu (570-490 BC), Famous Inspirational quote by the Chinese Founder of Taoism.


Recently all of us in the IV community were thinking and worrying about what the future holds for skilled immigrants in this country. Day by day things are getting tougher! All of us in IV community (including the leadership) have different ideas about how to approach the problem. Under the IV leadership, we have a set of declared priorities and our lobbyists and community are working for those. Even when we work for those stated goals and priorities, we have to reevaluate what is feasible in the changing environment.

In this increased protectionist environment, Re-Capture, Country Cap Elimination and Immigrant Visa increase seems difficult if not impossible. So, I would like to propose a SMALL STEP, which would provide us HUGE BENEFITS and at the same time satisfy all stakeholders (including anti-immigrant community) as this is the least controversial method.

Some of us may say that this won’t work. Some of us support a big-bang theory. Some others argue for the already stated goals and priorities from the IV leadership team. I agree with all these groups of our brethren, but at the same time, I urge each and every member of our community to give a serious consideration of this proposal before shooting it down.

Please do not use this thread to point fingers at one another. Always remember, when you point fingers at someone, three of your fingers are pointing towards you and one stays neutral. Please try to avoid statements like the following in your reply to this post to encourage serious and productive discussion:

“Why didn’t you update your profile with all information?”
“What have you done so far for the community?”
“Did you participate in these so and so initiatives of IV?”
“You are a line cutter who used substitution”
Etc etc etc…the list goes on.

We have far more things that unite all of us than the few things that divide us. So, let us focus only those things that unite all of us. If we are united, we can easily solve all our differences. As AR Rahman said, always we have the option of choosing love over hate.


PROPOSAL

Our main concern with respect to GC journey is the UNCERTAINITY! I am sure all of us worried at least one time “What happens if my 485 gets denied after all these years of waiting?” Many of us here are expecting a GC wait time of 2-12 years. So, a denial at the end would be little bit disheartening.

The normal processing time of a 485 application ranges from 4 months to 12 months. For all the retrogressed countries, this would be 2-12 years. All of us, who are in the Adjustment of Status category, are legally allowed to stay and work here in the US. So, in no way we are additional burden to the country. So, all the shackles on the GC applicant and family during the years of retrogression period are not beneficial to anyone in this country and it is not protecting anyone’s job. These shackles just inflict pain to the GC applicant and family – that's all - nobody is benefitting from this!

So, if we can work to obtain Adjudication of all I-485s irrespective of whether the country is retrogressed or not – we have a solution. As per the INS rules, an immigrant VISA cannot be allocated outside the numerical limit. If the country is not under retrogression, the applicant will get his GC. If the applicant’s country is a retrogressed one, instead of obtaining the Green Card, I-485 processing-status could be changed to a new one such as “Adjudicated – Pending Visa Allocation” (meaning: Adjudication completed, Visa allocation pending). So, in essence, when the VISA numbers are available, then only the person will get Green Card. But at the same time, the applicant and family can feel the relief – No need to worry about RFE, NOID, MTR etc, because the 485 is already approved and it is in a Pending Visa Allocation status. So, in the case of all these retrogressed countries, the actual allocation of Green Card may take 2-12 years time depending on the availability. This option will go well with the protectionists.

If the status of the 485 application is “Adjudicated – Pending Visa Allocation” and the applicant’s country is a retrogressed one, S/he should be eligible to obtain 3, 4 or 5 year EADs with travel benefits associated. Also, the applicant should be able to take any job after 1 year of the status change date of the status “Adjudicated – Pending Visa Allocation”.


I believe the above proposal is a small step in the eyes of the protectionists where as it is a big leap for all retrogressed country applicants. We may be able to achieve this using administrative fix or an action from the Executing branch, as this won’t change the annual GC quota of 140000. Apart from this, this will encourage all those skilled immigrants to invest in American economy within 1-2 years of filing AOS application. At present most of us are sending our money to our home countries as our situation is so uncertain. This effort will definitely help the ailing economy and will serve as a boost to the housing market.



Whom should we approach to get this done?

Ans: Hillary – Yes Hillary Clinton. She is the number 1 friend of people from China and India, who is in the current administration. Her department is also in charge of the 140K Visa numbers, Travel related visas etc. If we can get support from Compete America, prominent members of Indian and Chinese communities in US, Ambassadors of China and India to US and approach Hillary, we will be successful. Hillary may be very much pleased to start an initiative to achieve this, as she has a chance to influence 700K+ Indians and Chinese immigrants in US, in a very positive way. At the same time, politically this won’t create much problem – Status quo will remain the same – even after such an administrative fix. There is no net addition of immigrants to this country.

With Hillary’s support, if we approach Janet Napolitano, we may have a solution.



Remember: “A journey of a thousand miles begins with a small step.”

So, once we obtain this admin fix (first step), then we will work to obtain the Allocation of GC issue for all those folks who are waiting to get the GC allocated.

Every progress starts from a dream. So, if someone would like to call this a dream, please feel free to!
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