Mouns
04-30 03:37 PM
And the situation prior to surge wasnt any better either. I remember in 2006, the PD for India EB3 was April 2001 and now its Nov 2001. :mad:
This was directed to people who were current. If you are from India, China, Mexico, Philippines, get used to waiting. Your backlog is due to numerical limits. And this won't change (the way I see it)
This was directed to people who were current. If you are from India, China, Mexico, Philippines, get used to waiting. Your backlog is due to numerical limits. And this won't change (the way I see it)
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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.
srimani1
10-05 11:04 AM
Applied GC in 2002 July in EB3 category. Still waiting for PD to apply 485. Missed 2007 Aug fiasco. Recemtly got my 11,12 and 13th year H1B extension.
2011 need about Does Hairspray
gc_dream07
03-04 01:26 PM
I had soft LUDS 2 weeks ago. I do not know if it means anything.
more...
Green.Tech
06-19 03:25 PM
Stay on top!
desi485
11-24 05:34 PM
I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.
I agree with Chandu, we should try to get this from CIS. Just don't know how:(
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.
I agree with Chandu, we should try to get this from CIS. Just don't know how:(
more...
485Mbe4001
07-06 01:39 PM
The article suggests that people in the namecheck hole were granted GC's which is WRONG. Most are still languishing with no reprive.
When they say 25k or 60k GCs were approved, i am sure they would have stuck to the per country caps and the security clearance.
When they say 25k or 60k GCs were approved, i am sure they would have stuck to the per country caps and the security clearance.
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diptam
12-18 12:33 PM
My lawyer received it on Dec 16th - they said that they need at least 2 weeks to answer the RFE. They also mentioned that the RFE doesn''t ask for any specific paperwork , its like a Question-Answer Form.
a) Why do you need this guy
b) Can you find an american instead of this guy
c) How you benchmark performance in the company
etc...
diptam : Whether your I-140 is approved now?
a) Why do you need this guy
b) Can you find an american instead of this guy
c) How you benchmark performance in the company
etc...
diptam : Whether your I-140 is approved now?
more...
mrdelhiite
06-21 10:58 AM
no update filed Feb 23rd .. EB3 still pending :(
-M
-M
hair hairspray bottle spraying
saimrathi
08-10 01:19 PM
What are you smoking?? Its Aug 10 today..
Diluted drinks wont help you - Have " straight up "...
Its August 12th today and we are really screwed
Diluted drinks wont help you - Have " straight up "...
Its August 12th today and we are really screwed
more...
chanduv23
08-03 11:16 PM
^^^^^^^^^^
Please navigate to the following threads and do the action items
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
Please navigate to the following threads and do the action items
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
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caydee
12-27 12:26 PM
CA chapter - Please include me in your resource pool....
I am in Cupertino
I am in Cupertino
more...
house Or, you can use hair spray.
leo2606
08-12 12:59 PM
I don't think so, all centers which handle 485s will look at the application delivered date as the the RD.
I was asking this because some agencies consider the post marked date as the date the appllication was filed. But thanks for the response
I was asking this because some agencies consider the post marked date as the date the appllication was filed. But thanks for the response
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akgind
07-13 10:31 PM
I am in a similar situation, not a lawyer, but worried about my children's future and trying to do what we can to help everyone with the same issue. Can you provide details of the changes in cspa that you have proposed? CSPA and Dream Act are two channels that may benefit our children. If I can understand what your efforts are in respect of CSPA, we can figure out what we can do.
Any assistance you can give to help legal age out children would be fantastic I sent an e-mail to Weldon's office for an update today as we are waiting to hear if he will use our legislation and get a co sponsor to amend the cspa
Any assistance you can give to help legal age out children would be fantastic I sent an e-mail to Weldon's office for an update today as we are waiting to hear if he will use our legislation and get a co sponsor to amend the cspa
more...
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farhad
08-20 02:13 AM
Unfortunately, there isn't a fast lane for nurses. If your PD is April 31, 2007, my advise to you is to monitor the monthly Visa Bulletin and once your PD becomes current, you will know that it is just a few months ahead. For now, with the current turn of events, without the fast lane for nurses, you are looking at two years of waiting.
tnx for the grade information
does it takes 2 years for I-140 to be approved?! my gush! or its included the CP? then can you tell me what is the diff between I-485 and CP? and which one is runnig faster?
tnx for the grade information
does it takes 2 years for I-140 to be approved?! my gush! or its included the CP? then can you tell me what is the diff between I-485 and CP? and which one is runnig faster?
dresses Hairspray WORKS Magic
unseenguy
02-13 10:51 PM
I dont deal with junks...when you are so mean to spend a penny for your parents, every one knows how much you would contributed for IV.
I never said, I won't spend a penny for parents. What I said is, and you can go back to my post, is you should not send money to your parents to "support" them when your spouse is not willing to. Now I do apologize for how I actually said, since its misinterpreted, but again, if someones parents had money requirements, then they should make it clear at the time of "arranging" the marriage, not push it under the rug after marriage. And in this situation (pushing things under the rug), if your spouse does not agree to sending large sums of money continuously, then I don't find fault with her.
And you kiddo , you are not even married. So get married, and after 6-7 years of married life, and 1-2 kids in school, tell me your perspective.
I never said, I won't spend a penny for parents. What I said is, and you can go back to my post, is you should not send money to your parents to "support" them when your spouse is not willing to. Now I do apologize for how I actually said, since its misinterpreted, but again, if someones parents had money requirements, then they should make it clear at the time of "arranging" the marriage, not push it under the rug after marriage. And in this situation (pushing things under the rug), if your spouse does not agree to sending large sums of money continuously, then I don't find fault with her.
And you kiddo , you are not even married. So get married, and after 6-7 years of married life, and 1-2 kids in school, tell me your perspective.
more...
makeup to keep spraying them with
gjoe
03-08 11:47 PM
I wish my predictions come true. Most of the time it does happen. BTW my PD is may2003 :)
girlfriend Sprunch Hair Spray.
PD_Dec2002
06-01 04:10 PM
But this generally applies to people affected by retrogression. If one isn't affected by retrogression, applies for I-140 after 5/15/2007 and gets green card before 10/1/2008 (which is possible) then that person should be ok, is that right?
My guess is that while processing the I-485, they will check the filing date for the I-140. If it was filed before May 15th 2007 and the PD is current, they will process it. If it was filed after May 15th 2007, then they won't process the I-485 since the I-140 is invalid.
Thanks,
Jayant
My guess is that while processing the I-485, they will check the filing date for the I-140. If it was filed before May 15th 2007 and the PD is current, they will process it. If it was filed after May 15th 2007, then they won't process the I-485 since the I-140 is invalid.
Thanks,
Jayant
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apahilaj
04-30 06:54 PM
So, where is the bill going next? Sorry guys, haven't heard the recording but just going by the thread it seems like this hearing didn't go as expected...
Is the bill going to die prematurely or is it going any where?
Is the bill going to die prematurely or is it going any where?
eb3_nepa
07-14 02:45 PM
I am trying to pay thru PNC Bank. When trying to add IV, there are 2 options. One is With number and the second Without number.
eb3_nepa: Could you please put some guidelines on how to use BillPAy? Sorry for the ignorance.
Can anyone using PNC bank please help Caliber? Surely someone or the other uses PNC bank on here.
eb3_nepa: Could you please put some guidelines on how to use BillPAy? Sorry for the ignorance.
Can anyone using PNC bank please help Caliber? Surely someone or the other uses PNC bank on here.
needhelp!
09-10 03:26 PM
Thank you k3GC, ngodisha, Karthikthiru, deba, watcher , ek_akela, mpadapa
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