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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akhilmahajan
09-14 08:31 AM
ya Milind- I did contribute.
Danny, put the transaction details on there. Like the time and the transaction number.
Danny, put the transaction details on there. Like the time and the transaction number.
pappu
06-06 04:33 PM
/\/\/\/
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sidbee
03-07 10:08 AM
Unless india address issues of Population Growth ( now it is hard to walk in many places in big cities), Morality of the Peoples (govt can not do any thing about this, we as a people always take shortcuts aslong as it does not affect us personally !!!) Broken Judicial system ( Recent statement of supreme court tells they have enough court case to deal per judge for next few decades !!) Purity of air, water,milk, Increasing corruption and detoriation in quality of education (because of priviatization we have engineering , pharmacy and other technical education colleges in every village, 95% of them dont have faculty, labs etc and only care for profit, you can graduate as long as you pay fee for admission and pay fee for their annual due) (that is why our 90% of engineers are UNEMLOYABLE) THERE ARE many other issues to list here but all we know
If you go to our home country for short visit, you will probably like it , if you stay there more than three months and try to settle there again, you will start comparing all above to US and might feel that you made wrong choice of abondoning your GC process
Also in money we make in some big cities in our home country we can not buy a decent home to live in as real estate prices are so INFLATED and there is no body which regulates real estate in India. Prices double evey day. I dont know how local middle class which hardly make 2-3 lac per year can afford such properties.
After living long time in other country, it will be hard to adjust with people there. You will always face morality issue, duplicity in the people (what they talk and what they act, it is hard to trust) also artificial and selfish nature of so called social relations in home country (of which all we are proud of some how ) I find people and social relation here more frank and trust worthy (they are more open and close to reality) then our social structure where evry one try to take advantage of other some how under the so called social relations
So think three time about all these issue of long term before you try to abondon your GC process. All these isssues you will be facing in our home country no matter how much money you make. On long term your choice might hurt you. If you are fed up with immigration issues here try to open up other avenues for you along with this country.
This post is not entirely true.. I have never seen an college(recognized by AICTE) where u will pass only by paying fees.
There are issues in india , but i have seen many people going back , and settling without any problems. The choice to move is more personal , then what could be discussed here ..
I was in India recently for a 2 months vacation, and some work from our Indian office,. First few days were tough , lot of dust , traffic , pollution, But after 2 weeks i was loving it the old way .. and when i was flying back i realized I love Delhi .
If you own a house in the major cities ( ie lot of jobs and business opportunities) then going back makes sense. But if you belong to a small city , and have to move to a bigger city anyway, then living here makes more sense.
The reality (which is bad) is that if you have money in india , your life style is much better than what u have in US (dont forget , even earning 100K, doesn't really make u rich here , Honda and Toyota are poor people's car in US.. I have seen very few EB applicants driving a BMV,Bentley)
When i was in India, i went to best hotels for food (2000Rs buffets) virtually every week.,just went to NY once for a 200$ buffet, in 6 years.
So everyone has to take a personal decision, based on personal factors..
If you go to our home country for short visit, you will probably like it , if you stay there more than three months and try to settle there again, you will start comparing all above to US and might feel that you made wrong choice of abondoning your GC process
Also in money we make in some big cities in our home country we can not buy a decent home to live in as real estate prices are so INFLATED and there is no body which regulates real estate in India. Prices double evey day. I dont know how local middle class which hardly make 2-3 lac per year can afford such properties.
After living long time in other country, it will be hard to adjust with people there. You will always face morality issue, duplicity in the people (what they talk and what they act, it is hard to trust) also artificial and selfish nature of so called social relations in home country (of which all we are proud of some how ) I find people and social relation here more frank and trust worthy (they are more open and close to reality) then our social structure where evry one try to take advantage of other some how under the so called social relations
So think three time about all these issue of long term before you try to abondon your GC process. All these isssues you will be facing in our home country no matter how much money you make. On long term your choice might hurt you. If you are fed up with immigration issues here try to open up other avenues for you along with this country.
This post is not entirely true.. I have never seen an college(recognized by AICTE) where u will pass only by paying fees.
There are issues in india , but i have seen many people going back , and settling without any problems. The choice to move is more personal , then what could be discussed here ..
I was in India recently for a 2 months vacation, and some work from our Indian office,. First few days were tough , lot of dust , traffic , pollution, But after 2 weeks i was loving it the old way .. and when i was flying back i realized I love Delhi .
If you own a house in the major cities ( ie lot of jobs and business opportunities) then going back makes sense. But if you belong to a small city , and have to move to a bigger city anyway, then living here makes more sense.
The reality (which is bad) is that if you have money in india , your life style is much better than what u have in US (dont forget , even earning 100K, doesn't really make u rich here , Honda and Toyota are poor people's car in US.. I have seen very few EB applicants driving a BMV,Bentley)
When i was in India, i went to best hotels for food (2000Rs buffets) virtually every week.,just went to NY once for a 200$ buffet, in 6 years.
So everyone has to take a personal decision, based on personal factors..
more...
missourian
06-02 07:37 PM
Guys I am a new member of IV , joined two weeks back, just made a one time contribution, Please follow the fund drive thread and contribute and ask new members to join IV.
pd_recapturing
10-17 08:31 AM
nk2000,
Thanks a ton for opening up this new thread. I am going to send the letters.
pd_recapturing
Thanks a ton for opening up this new thread. I am going to send the letters.
pd_recapturing
more...
WeldonSprings
05-02 04:17 PM
Just responding to my quote- This question was also raised by Honorable House Democrat from Illinois Mr. Guterriez.I know everyone has looked at the Visa Bulletin. Here is a quote from it-
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
So, don't you guys think that there more than 140,000 visas can be given away, if need me as it is this moment. So, I don't understand the retrogression???
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
So, don't you guys think that there more than 140,000 visas can be given away, if need me as it is this moment. So, I don't understand the retrogression???
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sandiboy
07-18 04:03 PM
Assuming that the PD cut off date for a specific stream is 2004 Aug and there are still visa nos available but there are not enough application (can this ever happen for real) what are they going to do? They move the PD further up and whenever the pool is depleting they move it back again?
Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.
In such a case the PD lost all it's significance once the adjustment of status if filed?
If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.
Or May be I am missing something......
Consider I-485 Processing as a 2 Door Room. Front Door is for people who's PD has been current for the given month and can apply & Back Door is for Adjudicating People who are already applied & still current for that month.
The size of the room depends on what date they retrogress it to. If Cutoff date is say 2002, there are few people in that room who would be ready for adjudication. Instead if cutoff date is say 2006, there will be a huge number of people in the room.
As long as you stay in that room for more month (be current), the more chance you have of getting adjudicated fast, but also depends on how many people are ahead of you per RD.
Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.
In such a case the PD lost all it's significance once the adjustment of status if filed?
If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.
Or May be I am missing something......
Consider I-485 Processing as a 2 Door Room. Front Door is for people who's PD has been current for the given month and can apply & Back Door is for Adjudicating People who are already applied & still current for that month.
The size of the room depends on what date they retrogress it to. If Cutoff date is say 2002, there are few people in that room who would be ready for adjudication. Instead if cutoff date is say 2006, there will be a huge number of people in the room.
As long as you stay in that room for more month (be current), the more chance you have of getting adjudicated fast, but also depends on how many people are ahead of you per RD.
more...
cnachu2
10-24 01:22 PM
sent emails.
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hydubadi
03-04 02:13 PM
Hello All,
NSC --> EB2 I Oct 2006 -->485 June 2007 filer --> LUD on mine 03/03/2009 --LUD and RFE on my wifes 03/04/2009 (RFE email from USCIS says: Current Status: Request for Additional Evidence Sent not sure what it evidence they need, recently we have made name change amendment on EAD for my wife, I am assuming it should be related to that, will wait and see till we can hard copy of RFE)
Thanks,
Hope we all get our GC soon!!!
NSC --> EB2 I Oct 2006 -->485 June 2007 filer --> LUD on mine 03/03/2009 --LUD and RFE on my wifes 03/04/2009 (RFE email from USCIS says: Current Status: Request for Additional Evidence Sent not sure what it evidence they need, recently we have made name change amendment on EAD for my wife, I am assuming it should be related to that, will wait and see till we can hard copy of RFE)
Thanks,
Hope we all get our GC soon!!!
more...
Aah_GC
04-30 03:51 PM
I wonder how these guys can engage in a discussion without knowing the basics. WTF??????
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pitha
07-18 04:11 PM
good to see a junior member stand up and contribute, I hope people like you become an example to all non contributing members. thank you for your contribution.
Started a reccuring monthly payment of $50. I will try to convince all my friends from Twin Cities (Minneapolis- St Paul) area to do the same.
Started a reccuring monthly payment of $50. I will try to convince all my friends from Twin Cities (Minneapolis- St Paul) area to do the same.
more...
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santb1975
06-21 12:15 AM
Are we giving up??:confused:
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ajay
03-22 12:23 AM
I am in a bind now, appreciate any advice,
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
more...
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rbms
04-25 12:41 PM
How about something like,
If a person has stayed in US for 10+ (or 7+years) years and has filed taxes(verified thourgh 1040s), he should be given GC. No questions asked(other than the ones the affect security of USA)
If a person has stayed in US for 10+ (or 7+years) years and has filed taxes(verified thourgh 1040s), he should be given GC. No questions asked(other than the ones the affect security of USA)
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wantgc23
08-14 08:23 PM
I have read the Original quote several times and dont see how they mean June 2007, To me it is clear that they are talking about June 2008.
Sorry to sound so negative, but I think we are looking at something like Sept 2001 for EB3-I in Oct bulletin.
I doubt that USCIS can talk cryptic like Alan Greenspan, they probably meant that the PD will be back to what it was in june 08. There are only 3k visas per category and thousands of applicants, i dont see a logical reason why the dates will move 2-3 years. If they do, i too will buy you dinner. nothing is logical with USCIS... during the last couple of weeks of September you will see significant numbers of EB 2 approvals and then its back to square one for another year.
The main reason for the 2 year movement in june 07 was because they wanted to allocate all unallocated visas for the year, then the July VB came out and the rest is history. They have improved the coordination between DOJ and USICS since. Just want to be realistic, if we start assuming thing people get complacent and stop doing the little activities that help us.
Sorry to sound so negative, but I think we are looking at something like Sept 2001 for EB3-I in Oct bulletin.
I doubt that USCIS can talk cryptic like Alan Greenspan, they probably meant that the PD will be back to what it was in june 08. There are only 3k visas per category and thousands of applicants, i dont see a logical reason why the dates will move 2-3 years. If they do, i too will buy you dinner. nothing is logical with USCIS... during the last couple of weeks of September you will see significant numbers of EB 2 approvals and then its back to square one for another year.
The main reason for the 2 year movement in june 07 was because they wanted to allocate all unallocated visas for the year, then the July VB came out and the rest is history. They have improved the coordination between DOJ and USICS since. Just want to be realistic, if we start assuming thing people get complacent and stop doing the little activities that help us.
more...
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everonh1
07-22 12:25 PM
Isnt there a concept of an interim EAD.
I heard if you dont get EAD within 90 days,you can go to your local USCIS office and get an interim EAD?
I heard if you dont get EAD within 90 days,you can go to your local USCIS office and get an interim EAD?
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sri1309
08-14 02:06 PM
Sree,
Headless chicken.. You called me headless chicken .. how dare you.. :)
Just kidding.. You are perfectly right.. Thats the right word and I have said the same even in my first post here. I would request again somebody from IV admin group to take the lead and gather all EB3 to one forum to make a difference. I see atleast 4-5 threads here with same topic.
I would suggest the campaign can have "Visa number recapture, immediate greencard for anyone more than 5 years legally in the US, make all cases current, but apply the quotas at H1 or F1 levels and no limits at GC level. I have many ideas,. but we all must come together and ask just a couple of things or one (recapture) and fight for it. We can do other things too, but a flower campaign will not hurt. IN the worst case it will not make any effect.
We can always send cards which is much easier than flower..
Please come up with something and we can make some progress. Assuming OCt bulletin is coming out on Sep 10th, we have just 26 days to make any difference. That too it must reach them way in advance to effect any change. Lets set a deadline of Aug 25th and do it..
Sri.
Headless chicken.. You called me headless chicken .. how dare you.. :)
Just kidding.. You are perfectly right.. Thats the right word and I have said the same even in my first post here. I would request again somebody from IV admin group to take the lead and gather all EB3 to one forum to make a difference. I see atleast 4-5 threads here with same topic.
I would suggest the campaign can have "Visa number recapture, immediate greencard for anyone more than 5 years legally in the US, make all cases current, but apply the quotas at H1 or F1 levels and no limits at GC level. I have many ideas,. but we all must come together and ask just a couple of things or one (recapture) and fight for it. We can do other things too, but a flower campaign will not hurt. IN the worst case it will not make any effect.
We can always send cards which is much easier than flower..
Please come up with something and we can make some progress. Assuming OCt bulletin is coming out on Sep 10th, we have just 26 days to make any difference. That too it must reach them way in advance to effect any change. Lets set a deadline of Aug 25th and do it..
Sri.
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bestofall
07-15 03:25 PM
Here is my pledge.
If $2000 is reached today, i will send another $50 today.
(Fyi, i've already sent$50 yesterday)
Satya
Satyasai ,
You are the STAR ,
Iam sure every one will get motivated by you :)
Thanks
Bestofall
If $2000 is reached today, i will send another $50 today.
(Fyi, i've already sent$50 yesterday)
Satya
Satyasai ,
You are the STAR ,
Iam sure every one will get motivated by you :)
Thanks
Bestofall
EB3_SEP04
05-18 01:58 PM
ind_game, just a heads up : when the 485 is reopened they take the op'ty to review the app for all supporting docs. meaning if you have not submitted any supporting docs like birth cert etc they would issue an RFE. They did to me, back in Jul-07 i had submitted only parents affidavit but no BC or NABC. And they gave me only 30 days (i think it used be 90 days for RFE), I had hard time collecting the required info/doc in such a short time.
gc_on_demand
04-30 03:21 PM
Will there be a voting today to decide to move further in this process ? OR commette chairman will decide based on hearing ...
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