Canadian_Dream
06-02 08:18 PM
You are correct, it only uses I-140 application as a basis of setting the cut-off (Not I-485).
In my opinion:
Date of Introduction: May 15 2007
Effective Date: Oct 01 2008
Scenarios:
Scenario 1: I-140 Filed after Introduction and Approved before effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 2: I-140 Filed after Introduction and not approved on the effective date. These cases have to refile.
Scenario 3: I-140 Filed before Introduction and not approved on the effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 4: I-140 not filed becasue of backlogged labor. They retain the priority date but have to restart in the new system, whatever that means.
Only bad scenario is 2 and 4. The other bad aspect is reduced supply of immigrant visa 90,000.
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
In my opinion:
Date of Introduction: May 15 2007
Effective Date: Oct 01 2008
Scenarios:
Scenario 1: I-140 Filed after Introduction and Approved before effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 2: I-140 Filed after Introduction and not approved on the effective date. These cases have to refile.
Scenario 3: I-140 Filed before Introduction and not approved on the effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 4: I-140 not filed becasue of backlogged labor. They retain the priority date but have to restart in the new system, whatever that means.
Only bad scenario is 2 and 4. The other bad aspect is reduced supply of immigrant visa 90,000.
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
wallpaper tagged as: Dita Von Tess. pin
ind_game
05-20 04:30 PM
Did any of you get the same letter with the same content below .........what baffles me is the last sentence that says "The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover."
Your help is really appreciated in this.........Sorry I am little bit pessimistic here......
FINAL UPDATE
HURRAHHHHHHHHHHHHHHHHHHHHYYYYYYYYYYYYYY
My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.
::::::::::::::::::To recap::::::::::::::
I went to the Congressional office on 05/14/2009 morning.
Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
USCIS sent letter to my attorney on Friday (05/15/2009).
My attorney received it this morning (05/19/2009).
Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......
Here is the wording:
Quote""""""""""""""""""""""""
Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.
The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.
The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.
After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.
The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.
Sincerely
"""""""""""""""""""""""""""""""""""""Unquote
Your help is really appreciated in this.........Sorry I am little bit pessimistic here......
FINAL UPDATE
HURRAHHHHHHHHHHHHHHHHHHHHYYYYYYYYYYYYYY
My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.
::::::::::::::::::To recap::::::::::::::
I went to the Congressional office on 05/14/2009 morning.
Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
USCIS sent letter to my attorney on Friday (05/15/2009).
My attorney received it this morning (05/19/2009).
Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......
Here is the wording:
Quote""""""""""""""""""""""""
Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.
The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.
The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.
After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.
The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.
Sincerely
"""""""""""""""""""""""""""""""""""""Unquote
ebizash
07-14 04:01 PM
Sig done too
2011 3 Dita Von Tess,
NKR
06-25 12:56 PM
Fully agree with you.
A thought comes to mind on reading your post.
Is that what the average Amrican wants us to do? Do they want us immigrants to be kept away from participating in innovation? Do they want us to keep working mundane jobs? Do they want us to lag behind them?
This is just a speculation no hard proofs but only a thought.
Isn�t this what the American companies want?. They get qualified people who keep doing the same job for less and churning millions for the companies. Also, the big companies are fighting to get H1s quota increased, they do not care about whether these people get GCs are not, being in H1 for long serves them right.
Isn�t this what many people here want?. They can boss over us for many years even if you are more qualified then them since you cannot change your profile.
Isn�t this what the government want?. American companies are making money, many people are happy. Then why change the situation?.
How much percent of the immigrants who get GC go on to become innovators and start their own company?. I would say less than 10%, that also could be a far fetched figure.
America gains more than it loses.
A thought comes to mind on reading your post.
Is that what the average Amrican wants us to do? Do they want us immigrants to be kept away from participating in innovation? Do they want us to keep working mundane jobs? Do they want us to lag behind them?
This is just a speculation no hard proofs but only a thought.
Isn�t this what the American companies want?. They get qualified people who keep doing the same job for less and churning millions for the companies. Also, the big companies are fighting to get H1s quota increased, they do not care about whether these people get GCs are not, being in H1 for long serves them right.
Isn�t this what many people here want?. They can boss over us for many years even if you are more qualified then them since you cannot change your profile.
Isn�t this what the government want?. American companies are making money, many people are happy. Then why change the situation?.
How much percent of the immigrants who get GC go on to become innovators and start their own company?. I would say less than 10%, that also could be a far fetched figure.
America gains more than it loses.
more...
indio0617
03-09 11:35 AM
Has Any Senetor Brought An Amendment To Reinstate Ac21 Provison To Eliminate Country Quota(10%), If Demand Of Visas Is Less Than Supply? The Orignial Spector Markup Deleted This Provision From The Ina. This Is A Big Blow To Oversbuscribing Countries, Unless The Current Markup Is Modified Thro An Amendment.
Is There Any Update From Iv Core Members On This Issue?
No. Nothing on that. They are not done with the discussions yet and have more titles to discuss. They only finished title 2..
OK ... guys.... Bye..
Is There Any Update From Iv Core Members On This Issue?
No. Nothing on that. They are not done with the discussions yet and have more titles to discuss. They only finished title 2..
OK ... guys.... Bye..
santb1975
05-23 10:21 PM
??
more...
snathan
05-15 07:30 PM
Ok - any ideas how we can ask? What fee waiver are we asking for?
We need to understand if there is a system in place for fee waiver?
To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.
Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.
I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.
thats why we need innovative ideas to deal with this.
Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.
When its purely their mistake..why do we need to pay for the MTR. I am asking the fee waiver for the same. If they are not giving, we need to fight it in the court.
We need to understand if there is a system in place for fee waiver?
To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.
Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.
I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.
thats why we need innovative ideas to deal with this.
Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.
When its purely their mistake..why do we need to pay for the MTR. I am asking the fee waiver for the same. If they are not giving, we need to fight it in the court.
2010 DITA VON TESS
tikka
07-19 02:45 PM
Hi Folks,
I just contributeD $100. I am very glad to be part of IV. Keep up the good work!!
Regards,
your first post and you contributed...:)
thank you for your contribution...
I just contributeD $100. I am very glad to be part of IV. Keep up the good work!!
Regards,
your first post and you contributed...:)
thank you for your contribution...
more...
Libra
09-11 09:21 PM
thank you BigMouth and hope you can make it to rally.
hair quot;Wonderbra by Dita Von Tesse
nursekm
10-03 10:28 PM
USCIS UPDATE - THIS IS SCARY
SEEMS LIKE 40,000 SCHEDULE A PETITIONS FILED DURING JULY/AUGUST.
( SCHEDULE A ARE THE ONLY PEOPLE WHO CAN FILE CONCURRENTLY.)THIS MEANS THAT EVEN IF THERE IS RECAPTURE, NEW FILERS WILL TAKE FOREVER TO GET THEIR GREEN CARDS. IF THE RECAPTURE IS A SMALL NUMBER LIKE 50,000, ITS GONNA BE HARD TO GET GREEN CARD BEFORE HITTING ANOTHER RETRO... DAMN WE ARE DOOMED !
http://www.lewslaw.com/US_Immigratio....htm#10022007a
USCIS Updates [Top]
At a recent AILA Conference, Michael Ayetes (USCIS Associate Director, Operations) announced, that during the months of July - August 2007, USCIS had received approximately 800,000 employment based adjustment applications (I-485s): 40,000 concurrently filed with I-140 petitions, 320,000 stand alone applications, and 400,000 dependent applications.
Of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. If most of the employment based cases filed in July-August 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.
Although USCIS has posted on its website that I-485 cases received on or before August 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of June and July 2007. Moreover, some cases initially filed in Nebraska and transferred to Texas have now been forwarded to the Vermont or California Service Centers for faster processing of receipts.
USCIS is making every effort to process EAD applications within 90 days of receipt. The processing of Advance Parole applications may be delayed due to the number of cases filed.
A Biometrics notice will be issued even if a visa number is not available at the time.
SEEMS LIKE 40,000 SCHEDULE A PETITIONS FILED DURING JULY/AUGUST.
( SCHEDULE A ARE THE ONLY PEOPLE WHO CAN FILE CONCURRENTLY.)THIS MEANS THAT EVEN IF THERE IS RECAPTURE, NEW FILERS WILL TAKE FOREVER TO GET THEIR GREEN CARDS. IF THE RECAPTURE IS A SMALL NUMBER LIKE 50,000, ITS GONNA BE HARD TO GET GREEN CARD BEFORE HITTING ANOTHER RETRO... DAMN WE ARE DOOMED !
http://www.lewslaw.com/US_Immigratio....htm#10022007a
USCIS Updates [Top]
At a recent AILA Conference, Michael Ayetes (USCIS Associate Director, Operations) announced, that during the months of July - August 2007, USCIS had received approximately 800,000 employment based adjustment applications (I-485s): 40,000 concurrently filed with I-140 petitions, 320,000 stand alone applications, and 400,000 dependent applications.
Of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. If most of the employment based cases filed in July-August 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.
Although USCIS has posted on its website that I-485 cases received on or before August 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of June and July 2007. Moreover, some cases initially filed in Nebraska and transferred to Texas have now been forwarded to the Vermont or California Service Centers for faster processing of receipts.
USCIS is making every effort to process EAD applications within 90 days of receipt. The processing of Advance Parole applications may be delayed due to the number of cases filed.
A Biometrics notice will be issued even if a visa number is not available at the time.
more...
pune_guy
03-17 09:14 PM
Guys,
The H1B holder is ELIGIBLE for the stimulus package since he/she has SSN. He won't be able to claim the benefit for spouse if the spouse does not have SSN.
So just because spouse does not have SSN does not mean that the H1B holder becomes ineligible to receive the benefit. H1B will get $600 for himself/herself as long as he/she has filed IT returns.
Thanks
The H1B holder is ELIGIBLE for the stimulus package since he/she has SSN. He won't be able to claim the benefit for spouse if the spouse does not have SSN.
So just because spouse does not have SSN does not mean that the H1B holder becomes ineligible to receive the benefit. H1B will get $600 for himself/herself as long as he/she has filed IT returns.
Thanks
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govindk
07-14 02:32 PM
Genius...Great work!
Sent....payment Transaction Number is 411666815
------------------------------------------
Contributed so far $200 + $5(today)
Sent....payment Transaction Number is 411666815
------------------------------------------
Contributed so far $200 + $5(today)
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house DVT in LV. hat Dita Von Teese
pop21
05-08 03:51 PM
I just received by approved Labor Certification from PBEC yesterday. My priority date is July 2003 and my application was filed in NY under EB2 in the Traditional method.
My employer received recruitment instructions end of December 2006. They filed the completed recruitment report on February 13, 2007. I noticed my case status was 'certified' on the DOL Backlog Public Disclosure system some time early April, and it took several weeks before they sent out the original certification, which I received yesterday (May 7th).
My employer received recruitment instructions end of December 2006. They filed the completed recruitment report on February 13, 2007. I noticed my case status was 'certified' on the DOL Backlog Public Disclosure system some time early April, and it took several weeks before they sent out the original certification, which I received yesterday (May 7th).
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gene77
04-12 11:45 PM
Nothing yet, RFE response received is all. Waiting ..
Got the card production e-mail today, thank you everyone for your endless support the past 7 years.
Got the card production e-mail today, thank you everyone for your endless support the past 7 years.
more...
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donsimahajan
06-20 05:58 PM
You guys should update the tracker as you get your approvals, remember.
http://www.trackins.com/immigrationtrackers/philadelphia-backlog-tracker/
http://www.trackins.com/immigrationtrackers/philadelphia-backlog-tracker/
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lp2007
09-16 02:16 AM
Just made a one time contribution of $100
Order Details - Sep 15, 2007 23:30 GMT-07:00
Google Order #412727833594707
Unfortunately I cannot be at DC, but Thank You all for the efforts.
Order Details - Sep 15, 2007 23:30 GMT-07:00
Google Order #412727833594707
Unfortunately I cannot be at DC, but Thank You all for the efforts.
more...
makeup Dieter von Teese 450
arnab221
07-28 01:30 PM
Folks ,
Any approvals for the month of June ? Is there any hope for June filers ? There seems to lot of approvals since last 2 weeks folks . Can IV core provide some direction and guidance to the people stuck at Atlanta service center ?
Any approvals for the month of June ? Is there any hope for June filers ? There seems to lot of approvals since last 2 weeks folks . Can IV core provide some direction and guidance to the people stuck at Atlanta service center ?
girlfriend tagged as: Dita Von Tess.
LuckyPaji
07-24 02:21 PM
I don't know much about the process, I just came to America less than 1 year back, but I know my lawyer was supposed to mail application to reach on July 2, 2007 instead he made a mistake to reach on June 29, 2007 because he said July 1, 2007 was a Sunday so he would rather be early than late. USCIS accepted and receipted me.
I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D
I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D
hairstyles BC: Dita Von Tess is another
pappu
09-09 09:01 PM
Pappu,
I work at NPR and joined recently. I am going to work with my manager next week and convince them to get coverage for our rally.
That will be wonderful. Thanks
I work at NPR and joined recently. I am going to work with my manager next week and convince them to get coverage for our rally.
That will be wonderful. Thanks
mirage
08-04 03:38 PM
I'm not getting what's your point. All I am telling this guy and others that I need some statistics and why it is important to me. People who like my point will write them and people who will not like my point but still have the problem will modify the letter accordingly and people who should not care since they are not affected should just ignore this thread and move....
Did you go over points raised by internet in this post
http://immigrationvoice.org/forum/showpost.php?p=271211&postcount=12
Did you go over points raised by internet in this post
http://immigrationvoice.org/forum/showpost.php?p=271211&postcount=12
for_gc
10-01 04:22 PM
This is how this law is written. The limit of 140K is for a fiscal year. With next year having its own quota.
USCIS cannot change the law.
This makes sense as well. Let us say if we had this limit for all of ten years in the past and only some of them hit the limit, then we will have this revolving balance which will keep getting carried forward and may total to 500000 or so by now.
No, thats not the intent of the law which is to restrict immigration in a given category in a given year.
USCIS cannot change the law.
This makes sense as well. Let us say if we had this limit for all of ten years in the past and only some of them hit the limit, then we will have this revolving balance which will keep getting carried forward and may total to 500000 or so by now.
No, thats not the intent of the law which is to restrict immigration in a given category in a given year.
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