maddipati1
11-19 11:09 PM
This scenarios is for those who used all 6 years on H1 and got H1 extension due to a pending AOS application. they may have EADs too..
Ron Gocher quotes:
"Again, to be clear, my point is that if your AOS is denied, you immediately lose all eligibility for post sixth year extensions of H status. All time spent in H status counts against the six year limit. If you burn up time in H status while you are waiting for an AOS adjudication, you may well make it impossible to go back into H status if your AOS is denied."
My interpret...
Rule 1 :
> The max limit for H1 is only 6 years.
> You can only extend H1 beyond 6 years if there is a pending AOS
this means if there is no pending AOS, u r not eligible for H1.
On thing is clear, if AOS denial is valid, then thats it, no more H1 (after 6yrs)
but surprisingly Ron doesnt use the same logic for EAD too.
> EAD is also given as a temp relief for those who has pending AOS
so if there is no pending AOS, no more EAD too.
he thinks EAD is valid even after AOS valid Denial.
THe BIG QUESTION is, If AOS is wrongly denied and MTR is open,
What is the status of the dude?
Is the status AOS, coz its been denied already...
But again, if the dude's out of status due to AOS denial,
how come CIS allow to file MTR? Coz they know the guy who is
filing MTR is out-of-status due to AOS denial :-)
Its like a software u tested a lot with all kind of scenarios,
but there is one scenario still not tested.
Like in software, the dudes who initially wrote the code and the dudes who initially spcified requirements, are long gone to a different jobs. and after a few years (5,10 etc), a new set of dudes trying to wonder why this scenarios is missed, coz the whole biz process is already changed totally.
so, the dudes who wrote these rules and regulations are long gone and retired. and there are hell lot of things changed afterwards like AC21 etc etc.
thats is why systems need to be re-evaluated in a regular basis.
can this shit be any more tangled.... :-)
Ron Gocher quotes:
"Again, to be clear, my point is that if your AOS is denied, you immediately lose all eligibility for post sixth year extensions of H status. All time spent in H status counts against the six year limit. If you burn up time in H status while you are waiting for an AOS adjudication, you may well make it impossible to go back into H status if your AOS is denied."
My interpret...
Rule 1 :
> The max limit for H1 is only 6 years.
> You can only extend H1 beyond 6 years if there is a pending AOS
this means if there is no pending AOS, u r not eligible for H1.
On thing is clear, if AOS denial is valid, then thats it, no more H1 (after 6yrs)
but surprisingly Ron doesnt use the same logic for EAD too.
> EAD is also given as a temp relief for those who has pending AOS
so if there is no pending AOS, no more EAD too.
he thinks EAD is valid even after AOS valid Denial.
THe BIG QUESTION is, If AOS is wrongly denied and MTR is open,
What is the status of the dude?
Is the status AOS, coz its been denied already...
But again, if the dude's out of status due to AOS denial,
how come CIS allow to file MTR? Coz they know the guy who is
filing MTR is out-of-status due to AOS denial :-)
Its like a software u tested a lot with all kind of scenarios,
but there is one scenario still not tested.
Like in software, the dudes who initially wrote the code and the dudes who initially spcified requirements, are long gone to a different jobs. and after a few years (5,10 etc), a new set of dudes trying to wonder why this scenarios is missed, coz the whole biz process is already changed totally.
so, the dudes who wrote these rules and regulations are long gone and retired. and there are hell lot of things changed afterwards like AC21 etc etc.
thats is why systems need to be re-evaluated in a regular basis.
can this shit be any more tangled.... :-)
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jung.lee
04-04 06:48 PM
Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??
Thanks
sree
My interpretation is that if the spouse (with EAD), in question has been in residence in the US for more than 6 months in a year, she would be considered a resident for tax purposes, and therefore be eligible to set up a S-corporation.
Thanks
sree
My interpretation is that if the spouse (with EAD), in question has been in residence in the US for more than 6 months in a year, she would be considered a resident for tax purposes, and therefore be eligible to set up a S-corporation.
Humhongekamyab
06-11 11:45 AM
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
I agree. I think we can use this statement to show our plight to the media/congress. A doctor, engineer, lawyer, scientist, etc from Chindia have to wait for decades to get a green card (that too under EB-2 category). If we use this properly we might have some legislative change even in the absence of CIR.
Also, I read somewhere that Janet Napolitano recently signed something which granted deferred action for two years to widows and widowers of U.S. citizens-as well as thier unmarried children under 18 years old-who reside in the US and who were married for less than two years prior to their spouse's death.
I am sure something like this can also be done for us who have been waiting for years for our GC's.
I agree. I think we can use this statement to show our plight to the media/congress. A doctor, engineer, lawyer, scientist, etc from Chindia have to wait for decades to get a green card (that too under EB-2 category). If we use this properly we might have some legislative change even in the absence of CIR.
Also, I read somewhere that Janet Napolitano recently signed something which granted deferred action for two years to widows and widowers of U.S. citizens-as well as thier unmarried children under 18 years old-who reside in the US and who were married for less than two years prior to their spouse's death.
I am sure something like this can also be done for us who have been waiting for years for our GC's.
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gc_chahiye
09-28 06:55 PM
not that it makes a huge difference, are they atleast trying to use some of the visa numbers by working over this weekend???
they are working overtime on receipting (see the FAQ). Wish they stop receipting for these last 2-3 days and use up ALL the visa numbers. Everyone should be put into I-485 approval work. If there are people stuck in NC, see if any of the June/July filers manage to pass the FBI database without a hit.
A receipt notice coming 2 days late is not a big deal. If a visa number is not used up, its lost, gone forever!
they are working overtime on receipting (see the FAQ). Wish they stop receipting for these last 2-3 days and use up ALL the visa numbers. Everyone should be put into I-485 approval work. If there are people stuck in NC, see if any of the June/July filers manage to pass the FBI database without a hit.
A receipt notice coming 2 days late is not a big deal. If a visa number is not used up, its lost, gone forever!
more...
axp817
05-15 06:57 PM
Looks like the effect of congressional office. I have soft LUDs on my I-485 and second MTR on 05/15/2009
Hallelujah !!
Hallelujah !!
langagadu
09-15 11:19 AM
:mad::mad::mad::mad: Rey Moran, Who the heck gave you Ph.D. Definitely you don't have ability to think. Idiot, give your Ph.d back, you need to start thinking of washing your rusted brain, Moran.
:mad::mad::mad::mad::mad:
are bhagwan... kash maine substitue labor use kiya hota....
I would have been approved by then...
Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.
:mad::mad::mad::mad::mad:
are bhagwan... kash maine substitue labor use kiya hota....
I would have been approved by then...
Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.
more...
billu
02-27 07:30 PM
is there any hope for bridge legislation in '08?....or this year will pass by due to the elections?......is there any realistic chance of bridge amenment ever being passed?....i am starting to lose hope now......
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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.
more...
alterego
07-06 01:33 PM
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month
Source: http://www.immigration-law.com/
66K plus 60K still only makes 126K, do they still have another 20K or so? How does the math tally here?
I think this all boils down to them wanting to clear the 485 backlog without accepting any more 485s all while not wasting any visa numbers for this year.
In an effort to juggle all these issues, they screwed it all up.
Bottom line is they want to streamline the system such that they don't have "unapprovable" 485s in the system. They have caught on to the way the lawyers and us legal immigrants were filing 485s to get our foot in the door then sitting tight for eons. They simply don't want that. They either want you here on a temp. visa or on a green card straightforwardly. Thats what I am getting from all this.
Source: http://www.immigration-law.com/
66K plus 60K still only makes 126K, do they still have another 20K or so? How does the math tally here?
I think this all boils down to them wanting to clear the 485 backlog without accepting any more 485s all while not wasting any visa numbers for this year.
In an effort to juggle all these issues, they screwed it all up.
Bottom line is they want to streamline the system such that they don't have "unapprovable" 485s in the system. They have caught on to the way the lawyers and us legal immigrants were filing 485s to get our foot in the door then sitting tight for eons. They simply don't want that. They either want you here on a temp. visa or on a green card straightforwardly. Thats what I am getting from all this.
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gc_bulgaria
01-05 11:12 PM
To be fair - India definitely has a competitive K-12 system because they are not all public schools (for free) like here. So the people who do get into IITs and RECs already have an edge.
Having said that - the Indian college education like Gayatri said is not as rigorous as it is here (and I am NOT talking about the IITs).
People pay a lot to go to college in the US and hence are generally more serious about their education. Fact is, a plumber can also make a good living here without a college degree. Its only those who can pay and are interested go to college. Ethical issues like copyright/plagiarism are also taken more seriously here and students are trained in critical thinking.
In all I think both nations have good and bad. I have to READ Wadhwa's report to understand what he is trying to convey. All I heard was 'apples and oranges and pineapples' from his talk.
Have a good night!
Having said that - the Indian college education like Gayatri said is not as rigorous as it is here (and I am NOT talking about the IITs).
People pay a lot to go to college in the US and hence are generally more serious about their education. Fact is, a plumber can also make a good living here without a college degree. Its only those who can pay and are interested go to college. Ethical issues like copyright/plagiarism are also taken more seriously here and students are trained in critical thinking.
In all I think both nations have good and bad. I have to READ Wadhwa's report to understand what he is trying to convey. All I heard was 'apples and oranges and pineapples' from his talk.
Have a good night!
more...
Saburi
02-18 04:26 PM
Sorry to say this but i do not think EB3 India or any other Catagory will move much in this coming April 2009 Bulletin, Reason for this is if there was any possible movement then this would have atleast moved by 1 month in the past 4 months.
EB3 dates has not moved any further in the past few months and i don't think this will move any better before we see Bulletin for Sep 2009 as thats thier fisical year.
I hope you guys are right as you can see mine is dec 2001 EB3 India but have stoped dreaming.
Sorry if i have been any bitter to any of the guys here on the net
Best Regards
EB3 dates has not moved any further in the past few months and i don't think this will move any better before we see Bulletin for Sep 2009 as thats thier fisical year.
I hope you guys are right as you can see mine is dec 2001 EB3 India but have stoped dreaming.
Sorry if i have been any bitter to any of the guys here on the net
Best Regards
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pani_6
08-19 12:17 AM
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Green.Tech
06-18 02:19 PM
Please contribute for your own benefit.
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Hemants
09-10 06:51 PM
Placed a google order for $100 .
-Hemant
-Hemant
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rbharol
07-18 01:57 PM
Not to forget the people stuck in backlog centers.
I was stuck in backlog center.
Recently my company converted from Non-RIR to RIR and I got it approved
in a few months. In parallel, I had my labor approved via PERM too as a safety net, just in case dates become current.
I would personally suggest to change your case to RIR if it is not so and there
is no harm in getting PERM approval as well.
I was stuck in backlog center.
Recently my company converted from Non-RIR to RIR and I got it approved
in a few months. In parallel, I had my labor approved via PERM too as a safety net, just in case dates become current.
I would personally suggest to change your case to RIR if it is not so and there
is no harm in getting PERM approval as well.
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micofrost
07-06 01:38 PM
For sure DoS knew that something is wrong at USCIS end. Looks like they dint get along well on this one. So instead of saying that all the visa numbers has been used up, they said " all the entire 2007 numbers has been made available". Which means they know very well USCIS are still processing the cases, even after July 2nd.
Looks like, DOS trying to clean their hands and put the blame on USCIS.
This is what happened. Again my thoughts based on last fews days before the july 2nd.
USCIS was angered by DOS making it current for all categories. Every one knows there will be a minimum 100K apps flooding their gates. Imagine the revenue loss for them just bcoz of making it current b4 30th july. They expected DOS to make it current from Aug 1st instead of July 1st. Had the immigration bill passed, as promised by the GOVT., they would have stand to gain $4B in grants to secure the border. But the bill crashed on 27th of june. So what do they do to stop this loss of revenue from our application. They have to use of the entire fiscal 2007 quota in three days so that legally they can't accept more applications. Now that is legally correct. But they way they claimed all the visas within 4 days wasn't played by the rules and where the AILF stands chance to file a lawsuit against them.
Someone in the USCIS was hell bent upon forcing the DOS to make it unavailable for July. WHY ?
Looks like, DOS trying to clean their hands and put the blame on USCIS.
This is what happened. Again my thoughts based on last fews days before the july 2nd.
USCIS was angered by DOS making it current for all categories. Every one knows there will be a minimum 100K apps flooding their gates. Imagine the revenue loss for them just bcoz of making it current b4 30th july. They expected DOS to make it current from Aug 1st instead of July 1st. Had the immigration bill passed, as promised by the GOVT., they would have stand to gain $4B in grants to secure the border. But the bill crashed on 27th of june. So what do they do to stop this loss of revenue from our application. They have to use of the entire fiscal 2007 quota in three days so that legally they can't accept more applications. Now that is legally correct. But they way they claimed all the visas within 4 days wasn't played by the rules and where the AILF stands chance to file a lawsuit against them.
Someone in the USCIS was hell bent upon forcing the DOS to make it unavailable for July. WHY ?
more...
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babu123
09-09 07:59 PM
Contributed 100 dollars just now through Paypal.
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I am a great admirer of IV and all the efforts IV did so far.
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I am pretty confident that this Rally is going to be huge success and will change our lives for sure.
Confirmation Number: 51X04511CD291564U.
I am a great admirer of IV and all the efforts IV did so far.
I am going to participate 100% sure in the rally. I am spreading word of mouth everyday about the rally. So far I had convinced 15 people to attend to the rally. Everyone complained that they have work on that day as I expected. However I convinced them and they are 100% sure to participate.
I am pretty confident that this Rally is going to be huge success and will change our lives for sure.
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manishs7
07-20 04:18 PM
We can make video of Hilary and Obama pro statements about Legal Immigrants and then show their actual voting record...
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vbkris77
12-10 04:17 PM
HOW IS THE PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
qasleuth
03-12 08:15 PM
I consider FOIA is a multifold success. Not only we achieved milestone 1 of $5K, we were successful enough to wake up members to do something after long time. Why do you think the very same members were sleeping? I don't believe IV Core was not doing anything in last few months but members always felt that there is no plan of action from IV. There is nothing worst could happen to us just by disclosing our plan of actions in controlled way like:
1. <<ABC>> is preparing document for final data information.
2. <<XYZ>> is evaluating other options how we could retrieve this information.
3. <<DEF>> is understanding how FOIA works and how long it will take us to get data and what will be the best option to get it earlier.
4. <<MMM>> is working on funding drive for this.
There is no reason to hide even this kind of information. But if we do this, members understand what we are doing at high level.
My 2 cents.
I totally agree. It is not a question of being transparent Vs secretive, it just gives us all a sense of purpose and direction.
Also, information like how much IV is spending on lobbying on a monthly basis ? As this information is publicly available (in fact Sanju could find it by searching for under 10 mins and can be googled),why can't it be displayed on the website ?
1. <<ABC>> is preparing document for final data information.
2. <<XYZ>> is evaluating other options how we could retrieve this information.
3. <<DEF>> is understanding how FOIA works and how long it will take us to get data and what will be the best option to get it earlier.
4. <<MMM>> is working on funding drive for this.
There is no reason to hide even this kind of information. But if we do this, members understand what we are doing at high level.
My 2 cents.
I totally agree. It is not a question of being transparent Vs secretive, it just gives us all a sense of purpose and direction.
Also, information like how much IV is spending on lobbying on a monthly basis ? As this information is publicly available (in fact Sanju could find it by searching for under 10 mins and can be googled),why can't it be displayed on the website ?
gunabcd
06-02 08:35 PM
Looks like most people are scared because of some kinda assumption that the politicians are determined to screw Indians and so have given the common sense a back seat. When the PERM system came in effect did they force the old labor petitioners to file in the new system? I've never heard of a law/provision that made people file a new and the money and time spent in earlier filing was wasted. It just does not make sense (there will be a class action law suit, if it happens).
So here's what i THINK: As long as immigration is accepting the I-140 petitions and you receive the receipt notice, you are in the old system, meaning your application is still valid and you are in line for GC. They will have to keep the old system running for the applications filed before the new system came if effect. This May 15/May 21, 2007/2008 cut-off date discussion just does not make sense.
It's possible that if your labor got cleared(backlog or PERM) after the new system is in effect, and in the new system there's no need of labor, then your labor will be obsolete (or wasted), but as per the old system concept you haven't lost anything as you can still go for the next step and file I-140 in the new system (although that I-140 may get processed based on new points system).
Looking at some of the ridiculous ammendments that have been added in the bill, i think the chances of this bill being passed are less than 50%, just my feeling.
-Gunvant
EB3 Labor filed Sep 2004
Labor approved(PBEC) Jan 2007
I-140 filed Apr-19-2007
PP filed May-31-2007
So here's what i THINK: As long as immigration is accepting the I-140 petitions and you receive the receipt notice, you are in the old system, meaning your application is still valid and you are in line for GC. They will have to keep the old system running for the applications filed before the new system came if effect. This May 15/May 21, 2007/2008 cut-off date discussion just does not make sense.
It's possible that if your labor got cleared(backlog or PERM) after the new system is in effect, and in the new system there's no need of labor, then your labor will be obsolete (or wasted), but as per the old system concept you haven't lost anything as you can still go for the next step and file I-140 in the new system (although that I-140 may get processed based on new points system).
Looking at some of the ridiculous ammendments that have been added in the bill, i think the chances of this bill being passed are less than 50%, just my feeling.
-Gunvant
EB3 Labor filed Sep 2004
Labor approved(PBEC) Jan 2007
I-140 filed Apr-19-2007
PP filed May-31-2007
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