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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anilsal
07-28 11:03 PM
There are many folks who have their GC process going on since 2001, 2002 etc. This BEC thing was a bane for many people and many of them squeezed past it and got approvals (2004 EB3 etc).
So nothing is fair in the immigration process. Suck the frustration and start involving yourself in IV activities. Start by becoming a contributing member (and updating your signature with it). If you do not have the courage to do it, then do not start new threads.
So nothing is fair in the immigration process. Suck the frustration and start involving yourself in IV activities. Start by becoming a contributing member (and updating your signature with it). If you do not have the courage to do it, then do not start new threads.
madhuvj
09-12 01:22 PM
I dont mind getting Red Dots, But please, for god's sake. Stop doing this fruitless campaign. Do you guys think Giving a Clock or sending flowers solved earlier problems. Enough of this Gandhiian ways. This country is not good for people like Gandhi. May be Flower campaign got noticed and created a whole new experience for the USCIS, but i dont think it really helped them do anything in our favor. Already, folks here are wasting their money, year after year, on their EADs and APs for them and their family. Just think for a second guys, It costs us 1000 $ to maintain status on AOS and visit our family and this is going on indefinitely for our years now. USCIS/Congress does not want to do anything about this, They are happy to get the revenue. Even if you think a minimum of 200,000 people spending 1000 $ an year, it is 200,000,000 $. Iam not even considering the amount they spent on other things like H1B extension, H4s..... Just think about the Dollars they are making on this Green Card SCAM. Accept it or not, it is indirectly affecting our lives, even though, GC is not really important for lot of folks. Iam one such person, I have a good client and a decent employer and iam with the same folks for 9 years and they are happy extending my H1b at their cost. But still, this whole GC game, is sometimes disturbing. They are playing with our emotions and our loved ones. So, GUYS we need to take a bigger and bolder step. To me, Calling people, sending flowers and letters explaining the situation makes no sense. Do you think, those guys dont really know about our situation. Let us a make a bold move. We are 70,000 folks just here in ImmigrationVoice. Let us compile a letter,that pushes USCIS/Congress on improving the condition. As long as they get those EXTRA Dollars, i dont think anything is going to happen. Even if they remove the provision to apply for GC while on H1B, it is good for us, for we will know that in advance and can plan on shaping our future better, instead of this false promise and emotional torture. I think even AILA or other Lawyers are useless. They dont want to do anything for us. All they do is, interpret the LAW , and explain us in the way we can understand. They dont take steps to fight for the justice. All they care is the money. So let us make our point clear to USCIS, we dont want to waste money on EADs and APs and H1B extensions. To me, it should be free of cost, since it is their problem that they dont work efficiently. Why should we pay 1000s of dollars for their inefficiency. let us all 70,000 work together in sending a letter to USCIS or Congress that We are not willing to spend any more money on the GC knowing that we are not going to get it anyway. Unless, we do something like this, the real impact of our situation will never get noticed. Again, our main aim should be to let them know that we are here legally and we deserve to be treated better and not just that IV is a group that will send flowers, to express its presence.
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AllVNeedGcPc
10-21 09:32 PM
... for example:
Step 1: File EB2 Perm labor (6-10 months)
Step 2: File 140 (2 days to 4 months)
:
And when should you interfile / port your EB3 date? Should you do it when you apply for 140 or should you do it after 140 approval when you apply for 485?
Thanks in advance
Step 1: File EB2 Perm labor (6-10 months)
Step 2: File 140 (2 days to 4 months)
:
And when should you interfile / port your EB3 date? Should you do it when you apply for 140 or should you do it after 140 approval when you apply for 485?
Thanks in advance
more...
ashutrip
06-18 12:58 PM
I agree. On the other side, some were certified in quick time.
seems like your a big time optimist and me a big time pessimist
seems like your a big time optimist and me a big time pessimist
java4yogi
08-15 08:13 PM
Hi guys,
Some of the old timers could benefit with this thought, if things move forward slightly for EB3
http://immigrationvoice.org/forum/showthread.php?p=278068#post278068
Some of the old timers could benefit with this thought, if things move forward slightly for EB3
http://immigrationvoice.org/forum/showthread.php?p=278068#post278068
more...
add78
07-11 01:02 PM
Nope I dont agree. Even though theres any retrogression it would be very mild.
I have to agree with vdlrao, what will be interesting to see is where EB2-china is when DOS bulletin comes out. My guess is that EB2-china is current along with ROW.
I have to agree with vdlrao, what will be interesting to see is where EB2-china is when DOS bulletin comes out. My guess is that EB2-china is current along with ROW.
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kshitijnt
05-09 04:16 AM
I am on H1, my wife is on F1, we filed joint taxes as residents on 1040. Both have ssn. Got the $1200 deposited today. I am happy :D
more...
Jimi_Hendrix
08-09 10:01 AM
I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of illegal aliens, lack of sufficient resources to process applications and poor understanding of legal immigration problems by congressional representatives are some of the contributory factors.
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. Legal immigrants pay taxes at higher rates due to their immigration status. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period, legal immigrants cannot change employers and/or job title. Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. The resulting frustration causes many of these immigrants to search work in other countries where immigration laws are favorable to legal immigration and skills are in demand.
Of late due to the education campaign launched by Immigration Voice (a 5,000 member strong group representing highly skilled, legal immigrants); some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must decide now.
Best Regards,
JH
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. Legal immigrants pay taxes at higher rates due to their immigration status. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period, legal immigrants cannot change employers and/or job title. Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. The resulting frustration causes many of these immigrants to search work in other countries where immigration laws are favorable to legal immigration and skills are in demand.
Of late due to the education campaign launched by Immigration Voice (a 5,000 member strong group representing highly skilled, legal immigrants); some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must decide now.
Best Regards,
JH
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apb20
03-07 11:38 AM
Hello--could you please add a citation for Schumer's August 12, 2010 speech? Where was it intiially posted?
more...
rkotamurthy
01-18 06:47 PM
I don't think there was a Conf Call in '07. Does anyone know when the next call is scheduled?
Does anyone communicate with the "Core Team" and get updates ? Could somebody explain how IV works?
Does anyone communicate with the "Core Team" and get updates ? Could somebody explain how IV works?
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ind_game
05-18 03:05 PM
Those continuous LUDs are pre adjudication processes - means your name check status, other statuses. FP etc... are all processed.
ANOTHER UPDATE
I just spoke to Congressional office and this is what she has to say:
Quote"""""""""""
I just spoke with our liaison at the Nebraska office and she confirmed that your motion to reopen was approved on Friday (05/15/2009). That, I am told, means Nebraska agrees to re-examine your I-485 denial and a decision should be forthcoming within 60 days. I suggest that we wait to see what that decision is before our office initiates any formal inquiries with the USCIS Nebraska Director.
""""""""""""""Unquote
But she agreed that my second MTR might have been on sidelines and the congressional office inquiry into the matter could have influenced USCIS to review my case ( probably with a supervisor) immediately. She told me that she would put another inquiry with NSC in 4 weeks if nothing comes up. Finally we have decided to forgo (just for now) the process of writing letter to the NSC Director as it might not add much weight to the process, as congressional office would be repeating the same argument that my Attorney has made regarding the AC21, which a supervisor is already looking at.
I have already waited for 3 months. Another 2 months might take its toll on my emotional drain.
God save AC21............
ANOTHER UPDATE
I just spoke to Congressional office and this is what she has to say:
Quote"""""""""""
I just spoke with our liaison at the Nebraska office and she confirmed that your motion to reopen was approved on Friday (05/15/2009). That, I am told, means Nebraska agrees to re-examine your I-485 denial and a decision should be forthcoming within 60 days. I suggest that we wait to see what that decision is before our office initiates any formal inquiries with the USCIS Nebraska Director.
""""""""""""""Unquote
But she agreed that my second MTR might have been on sidelines and the congressional office inquiry into the matter could have influenced USCIS to review my case ( probably with a supervisor) immediately. She told me that she would put another inquiry with NSC in 4 weeks if nothing comes up. Finally we have decided to forgo (just for now) the process of writing letter to the NSC Director as it might not add much weight to the process, as congressional office would be repeating the same argument that my Attorney has made regarding the AC21, which a supervisor is already looking at.
I have already waited for 3 months. Another 2 months might take its toll on my emotional drain.
God save AC21............
more...
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srikondoji
08-02 05:10 PM
Glad i did that. I feel so good about it.
Hey vow!,
Thanq so much for the good news!U filled us with lots of hope!
Cheers,
vaishu
Hey vow!,
Thanq so much for the good news!U filled us with lots of hope!
Cheers,
vaishu
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polapragada
09-14 05:32 PM
That is exactly the point. How can you then argue that all PD porting is unethical, period?
There should be a clause that when porting of PD is being issued, Like "At the time of EB3 Labor was the person eligible for EB2"! Thats the whole point ..
No one will have problems with that except some posers
What Say??
There should be a clause that when porting of PD is being issued, Like "At the time of EB3 Labor was the person eligible for EB2"! Thats the whole point ..
No one will have problems with that except some posers
What Say??
more...
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alterego
07-06 01:53 PM
There are about 18K CP cases.
Yeah but if the PDs are set as unavailable, what can they do about those cases anyway, as the priority date has to be current on the day of approval in the consulate.
Furthermore, unlike with 485s they can't consular process 18K cases on a Sunday! It is not a centralised process for them to do that.
Yeah but if the PDs are set as unavailable, what can they do about those cases anyway, as the priority date has to be current on the day of approval in the consulate.
Furthermore, unlike with 485s they can't consular process 18K cases on a Sunday! It is not a centralised process for them to do that.
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Milind123
09-13 09:58 PM
thank you bala, you guys are awesome. now give chance to other members to contribute. :D
Libra, my personal target is not far away. I am going to stop soon.
GCNaseeb, sunty, ivgoodluck, akhilmahajan and our special guest bala, thank you so much for your contribution.
Sorry, I had to go and see the gun-smith to make sure the revolver is ready for our next round. When she heard me tell her about the
few rounds we had. This is what she said "Make sure when you start the next round, the gun is fully loaded to keep it balanced".
So can I have the pleasure of the company of one senior member who will take the last shot?
Libra, my personal target is not far away. I am going to stop soon.
GCNaseeb, sunty, ivgoodluck, akhilmahajan and our special guest bala, thank you so much for your contribution.
Sorry, I had to go and see the gun-smith to make sure the revolver is ready for our next round. When she heard me tell her about the
few rounds we had. This is what she said "Make sure when you start the next round, the gun is fully loaded to keep it balanced".
So can I have the pleasure of the company of one senior member who will take the last shot?
more...
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new_horizon
03-04 02:15 PM
I too got a soft LUD today for both me and my wife. But it still shows:
Current Status: Case received and pending.
hope it's something for the good. My case is at NSC.
Current Status: Case received and pending.
hope it's something for the good. My case is at NSC.
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bobzibub
06-26 07:46 PM
nothing if people leave!! and similarly it gains a little bit if people stay and continue.
which raises a good point for the author (who started the thread) ... earlier it was a unwritten rule that a person gets GC in max 5 years ..but as times changed immigration rule did not change and hence we have long wait lines nowadays ..
how much US loses ..a study will have to be done ..but I remember reading a story about a UN study ..which said immigration helps all countries as long as it is controlled (study may have included little bit of uncontrolled too) ..so it said even India gains from illegal bangladeshi's ..because they do lot of work which many Indians don't do. and ofcourse in today's world background check is a must.
how it helps ..most of us know ..immigrant stays at his job for a long time..to keep the status ..whereas natives keep hopping. hence lot of expense in training (this applies from a restaurant to a hi fi IT company).
the point is at what point the person in line will break (and go elsewhere) ..maybe a study has to be done (no one would do it though).
some reports did say that lot of Indians and Chinese went back to their countries (not necessarily for immi ..but I won't be surprised if USCIS was a key factor ..some of my friends (atleast 10 -15) left and now work from India ...and are training more people out there, pay taxes there, all services (from grocery to tourism taxes, education etc etc etc there) ...
The illegal immigrants working in the Swift meat packing plant when ICE raided cost Swift almost $100k per individual, if I recall. Consider what skilled immigrants cost the economy. I've worked in my company for four years now. They could replace me, but there is a lot of knowledge lost if I walk or have to leave.
For people to claim that employees can be replaced with little or no cost, especially skilled employees, they betray their lack of knowledge of economics.
which raises a good point for the author (who started the thread) ... earlier it was a unwritten rule that a person gets GC in max 5 years ..but as times changed immigration rule did not change and hence we have long wait lines nowadays ..
how much US loses ..a study will have to be done ..but I remember reading a story about a UN study ..which said immigration helps all countries as long as it is controlled (study may have included little bit of uncontrolled too) ..so it said even India gains from illegal bangladeshi's ..because they do lot of work which many Indians don't do. and ofcourse in today's world background check is a must.
how it helps ..most of us know ..immigrant stays at his job for a long time..to keep the status ..whereas natives keep hopping. hence lot of expense in training (this applies from a restaurant to a hi fi IT company).
the point is at what point the person in line will break (and go elsewhere) ..maybe a study has to be done (no one would do it though).
some reports did say that lot of Indians and Chinese went back to their countries (not necessarily for immi ..but I won't be surprised if USCIS was a key factor ..some of my friends (atleast 10 -15) left and now work from India ...and are training more people out there, pay taxes there, all services (from grocery to tourism taxes, education etc etc etc there) ...
The illegal immigrants working in the Swift meat packing plant when ICE raided cost Swift almost $100k per individual, if I recall. Consider what skilled immigrants cost the economy. I've worked in my company for four years now. They could replace me, but there is a lot of knowledge lost if I walk or have to leave.
For people to claim that employees can be replaced with little or no cost, especially skilled employees, they betray their lack of knowledge of economics.
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Macaca
09-15 08:24 AM
Legal Immigrants `Stuck' as U.S. Agencies Struggle With Backlog (http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aJxl3j_vmv7Y) By Nicholas Johnston (njohnston3@bloomberg.net) | Bloomberg, June 7, 2006
Milind123
09-15 08:30 AM
thanks Zappy pvhemanth :)
Thank you Zappy & pvhemanth for the very nice contribution. I thought you would come after our three sponsors have pledged. That was really nice of you.
May I now request contributions from the people who have contributed only once? If you have contributed some time back please consider doing so now.
Also, if you have contributed before and do not plan to contribute now, we would like to know the reason? There is obviously some disillusionment. If you don't feel comfortable posting, feel free to send out a PM. We will try our best to address your concerns. Remember your contribution before the rally is slightly more beneficial for IV.
Thank you Zappy & pvhemanth for the very nice contribution. I thought you would come after our three sponsors have pledged. That was really nice of you.
May I now request contributions from the people who have contributed only once? If you have contributed some time back please consider doing so now.
Also, if you have contributed before and do not plan to contribute now, we would like to know the reason? There is obviously some disillusionment. If you don't feel comfortable posting, feel free to send out a PM. We will try our best to address your concerns. Remember your contribution before the rally is slightly more beneficial for IV.
unseenguy
02-09 10:31 PM
Well. Your parents and in laws may not need your money. But defintely IV needs it. So contribute at
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
I will. Thanks for rounding up.
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
I will. Thanks for rounding up.
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