Canadian_Dream
06-01 08:18 PM
I re-read the section and I think your interpretation is correct. All I-140 filed after introduction and approved before enactment should stand clear from this provision. If there is an I-485 petition filed along with such an I-140 that is approved before enactment of this act, then it will qualify for an immigrant visa whenever one is available under the old law.
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
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bigboy007
06-02 07:53 PM
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.
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.
Saralayar
01-04 01:25 PM
I also got the same message. But it says document mailed and not as Travel Document approved. What does this mean?. IS the AP approved or any RFE on the AP??:confused:
^^^bump^^^^
^^^bump^^^^
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mrdelhiite
06-22 03:06 PM
Login is uniqe for each employer. My login will not work for you.
so it is tied to your applied application.... can you not check someones elses application
-M
so it is tied to your applied application.... can you not check someones elses application
-M
more...
thirumalkn
11-29 08:44 PM
Jimi,
I'm a newbie here. I came to know about this site by the Reuters news scoop today. I joined immediately and invited my friends too. I live in Reseda - San Fernando Valley. Would like to participate more in the local chapter. Let me know the next steps !
Regards
Thiru
I'm a newbie here. I came to know about this site by the Reuters news scoop today. I joined immediately and invited my friends too. I live in Reseda - San Fernando Valley. Would like to participate more in the local chapter. Let me know the next steps !
Regards
Thiru
drirshad
09-11 09:04 PM
Every visa bulletin there is some information of the coming months processing that needs to be interpreted. The Oct 08 bulletin talks about the following:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html
E. EMPLOYMENT VISA AVAILABILITY
Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.
Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html
E. EMPLOYMENT VISA AVAILABILITY
Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.
Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.
more...
eastindia
08-23 08:55 AM
Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?
Where is GCperm when you need one?
Where is GCperm when you need one?
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gc_on_demand
04-30 03:11 PM
When this will end ? and will they put recording or transcript ?
more...
rp0lol
06-21 01:10 PM
another 100$ from IL
PayPal Receipt ID: 70125366SU56XXXXX
GO IV!!!!
PayPal Receipt ID: 70125366SU56XXXXX
GO IV!!!!
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jonty_11
07-06 12:29 PM
Have all those visas made available been used up so far by USCIS? I doubt it.
They are not coming clean on this...first they said they used up 60K visas, now they are saying they worked over wkend to use 25K VISAS...
Its a big scandal....Just to prevent us from filing...
They are not coming clean on this...first they said they used up 60K visas, now they are saying they worked over wkend to use 25K VISAS...
Its a big scandal....Just to prevent us from filing...
more...
bigboy007
06-02 03:21 PM
But all this applies to New cases right [dual intent option ]???? i still wish its after oct 2008 but as it reads it May 15 2007.
BTw where does it say H1B is not dual intent ?
BTw where does it say H1B is not dual intent ?
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indian
04-27 03:11 PM
Onemay,
What state you are in?
Here in CA, my wife was in a very similar situation and to complicate matters we had her last name changed to married one in passport since last entry in US. So we were trying to get the driver's license to reflect the name change. Initially the DMV refused saying they need I-94.
So we had the old/new passport, the old H4 approval notice in maiden name and new one in married name and I-94 at the bottom of the H4 approval notice. I then realized that we could use the I-94 at the bottom of H4, and it worked. We got the DL in new name within 1 week of applying.
Just hang on until you get the new approval notices and make sure you carry the original (they should make a photocopy and return original) H4 along with the I-94 on it when you visit DMV.
Good luck.
What state you are in?
Here in CA, my wife was in a very similar situation and to complicate matters we had her last name changed to married one in passport since last entry in US. So we were trying to get the driver's license to reflect the name change. Initially the DMV refused saying they need I-94.
So we had the old/new passport, the old H4 approval notice in maiden name and new one in married name and I-94 at the bottom of the H4 approval notice. I then realized that we could use the I-94 at the bottom of H4, and it worked. We got the DL in new name within 1 week of applying.
Just hang on until you get the new approval notices and make sure you carry the original (they should make a photocopy and return original) H4 along with the I-94 on it when you visit DMV.
Good luck.
more...
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yestogc
06-11 08:16 PM
Who is this guy selling mangoes ?
Admin, can we have any control on such posts.
Admin, can we have any control on such posts.
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forever
07-23 06:31 PM
This is aboslutly not possible; he/she is trying to fool every one.
I think you are unnecessarily suspecting her posting. Retrogression kicked in Oct 2005 bulletin. So it is possible for her to apply in Feb 2005. I know for sure some people got their GC with similar priority dates. I think this whole immigration crap is turning everyone into cynical.
I think you are unnecessarily suspecting her posting. Retrogression kicked in Oct 2005 bulletin. So it is possible for her to apply in Feb 2005. I know for sure some people got their GC with similar priority dates. I think this whole immigration crap is turning everyone into cynical.
more...
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rsayed
09-10 10:38 AM
I don't what how you define "most" but I am EB2 with US masters with PD 2006 and I am still waiting. Many of my friends with US masters are still waiting.
Same here - Masters from US, with PD 2006....Stilllllllllllllllll waiting!!!!!
I was reading an article handed over by my Lawyer sometime back - the whole GC process was designed to be completed in 6 mos. end-to-end.
This goes to show how outdated the process is, plus the resource crunch they may be facing at USCIS.
All in all - it's a black hole...only your 'karma' can get you out of it:)
Same here - Masters from US, with PD 2006....Stilllllllllllllllll waiting!!!!!
I was reading an article handed over by my Lawyer sometime back - the whole GC process was designed to be completed in 6 mos. end-to-end.
This goes to show how outdated the process is, plus the resource crunch they may be facing at USCIS.
All in all - it's a black hole...only your 'karma' can get you out of it:)
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Keeme
08-14 03:53 PM
This is what will help us to clear backlog ! Wanted to post it few days back when news came from UK they wanted to bring more immigrants as one of solution to get their economy back on track.
Guys, IF any thing may come as 'rescuer' this year and help us to come out from this backlog and move the dates forward in next year visa bulletins, that would be 'current economy and housing market situation'. IF any thing can convinced Congress to clear visa recapture bill this year, it would be only 'current housing market situation'. To get the economy back on track next year, housing market has to be improved and its not happening !
EB3 guys - Just hang on ! Good news are on your way !
Guys, IF any thing may come as 'rescuer' this year and help us to come out from this backlog and move the dates forward in next year visa bulletins, that would be 'current economy and housing market situation'. IF any thing can convinced Congress to clear visa recapture bill this year, it would be only 'current housing market situation'. To get the economy back on track next year, housing market has to be improved and its not happening !
EB3 guys - Just hang on ! Good news are on your way !
more...
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Leo07
12-10 06:46 PM
I want to shout very loud....but, I'm in office....so I can only shout here... AAAAAAAAAAAAAAAAAAAAAAHHHHHHHHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHAAAAAAAAAAAAHHHHHHHHHHHHHHHHHHHHHHHH HHHHHAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHA .... Just took a breath .. Shouting continues... ... AAAAAAAAAAAAAAAAAAAAAAAAAAAAHHHHHHHHHHHHHHHHHHHHHH H so is our life:)
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buddyinus
08-11 01:27 PM
A freind of mine called. He did NOT hear such thing from NSC. He even refefrenced this discussion
Pls dont believe SriKondoji. Hez known for spreading false rumours and making lame comments thus misleading ppl. He did the same thing on the July 2 Tracker and was booted out. Hence he was hiding for over a week and now is saying that he was out on a business trip :D. Hez full of lies...Admins, Moderators pls delete this thread as the "Monday" mentioned in the title has gone by and we dont need frauds still re assuring ppl about rumours - Thanx in advance.
Pls dont believe SriKondoji. Hez known for spreading false rumours and making lame comments thus misleading ppl. He did the same thing on the July 2 Tracker and was booted out. Hence he was hiding for over a week and now is saying that he was out on a business trip :D. Hez full of lies...Admins, Moderators pls delete this thread as the "Monday" mentioned in the title has gone by and we dont need frauds still re assuring ppl about rumours - Thanx in advance.
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pappu
03-12 01:48 PM
I fully support this donor forum. there should be some incentive for members who donate. they are not doing it because they have lots of money to spare, but they sacrifice because they believe in this cause. I don't think $25 is going to break anyone's bank. Just sacrifice something that you consume/enjoy every week, and donate that.
It's a pity that even with about 25K members, we cannot raise a minimal amount. People need to realize they cannot simply enjoy the benefits of someone else's labor.
Yes. I agree. We had to do this because we saw that even after running a drive for FOIA that helps every member we could not reach the goal yet. This data will be sought by all of us but if we are not ready to support the effort, it will be tough to invest in it. The subscriptions will help us continue IV initiatives with more zeal and we will know that a lot of members support us.
It's a pity that even with about 25K members, we cannot raise a minimal amount. People need to realize they cannot simply enjoy the benefits of someone else's labor.
Yes. I agree. We had to do this because we saw that even after running a drive for FOIA that helps every member we could not reach the goal yet. This data will be sought by all of us but if we are not ready to support the effort, it will be tough to invest in it. The subscriptions will help us continue IV initiatives with more zeal and we will know that a lot of members support us.
cheg
07-23 08:21 PM
Thanks for letting us know about your friends. At least we can see that USCIS is trying to clear 2004 applicants. They will be taking care of 2005 soon then. :D
couple of my friends who had PD's 2004 feb and april
EB3 india too got their I-485 approvals last week.
couple of my friends who had PD's 2004 feb and april
EB3 india too got their I-485 approvals last week.
shreekhand
07-17 11:37 PM
Not true my dear! News!! News !!
Once the window is open. They pre/adjudicate as per the Reciept Date. Also if all backgrounds checks are over...then among other attributes it falls within the "low hanging fruit" area for quick pre/adjudication.
See the Standard Operating Procedures link posted above for a clue. Also recently the NSC confirmed this. Will post the link as soon as I find it.
Only on PD when the date is current
Once the window is open. They pre/adjudicate as per the Reciept Date. Also if all backgrounds checks are over...then among other attributes it falls within the "low hanging fruit" area for quick pre/adjudication.
See the Standard Operating Procedures link posted above for a clue. Also recently the NSC confirmed this. Will post the link as soon as I find it.
Only on PD when the date is current
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