legalVoice
06-03 12:06 PM
Canadian_Dream, I think your interpretation is wrong..
------------------------------------------------------------------------
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
-------------------------------------------------------------------------
I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
Well this is very confusing.
What if a person files the I-140 after May 15th and his/her I-140 is approved. Later assume that I-485 date becomes current for that particular person (before Oct 2008), he/she files for the AOS/I-485 (before Oct 2008). While the I-485 petition is pending the date Oct 2008 comes what happens then? Will this nulify the filed I-140?
Thanks
------------------------------------------------------------------------
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
-------------------------------------------------------------------------
I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
Well this is very confusing.
What if a person files the I-140 after May 15th and his/her I-140 is approved. Later assume that I-485 date becomes current for that particular person (before Oct 2008), he/she files for the AOS/I-485 (before Oct 2008). While the I-485 petition is pending the date Oct 2008 comes what happens then? Will this nulify the filed I-140?
Thanks
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ags123
03-07 01:36 AM
http://www.shusterman.com/
news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)
Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?
only Monday will tell... This is one nerve wracking weekend.
news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)
Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?
only Monday will tell... This is one nerve wracking weekend.
never_giveup
08-14 10:45 AM
I have been reading your suggestions about visiting DC and/or organizing flower campaign. They are good suggestions and I really liked the flower campaign when it was first done in 2007. But I think, repeating it and sending bunches of flowers to the offices of senators would not influence them as much.
Instead I think, if we can all send some donations to a charity which each of these senators is associated to, it would help the charities and might also influence the senators/congressman more. This will also serve as a reminder about the positive contributions of the immigrant community to this country.
I would welcome suggestions from other experienced members on how this can be implemented. But my initial thoughts are, we identify the senators/congressman(woman) we want to contact, select a local charity, or a charity to which these people are associated with, and send in checks of 5 or 10 dollars per person to each of these charities.
Even if each of us is willing to contribute $100, we might be able to reach 10-20 of these lawmakers. And there is nothing we are losing here even if the lawmaker turns a blind eye to our cause. The money will be used for charity and so it serves some purpose.
And along with the donations, we can request them to support the Visa Recapture Bill, which will help all of us.
And my EB2 friends, we need your help also, as you never know how these dates can change in the coming months. Nothing is done and over untill you get the physical card. Dont mean to dampen your spirits, but you and I know what the truth is.
Let me know if there are any takers for this.
Instead I think, if we can all send some donations to a charity which each of these senators is associated to, it would help the charities and might also influence the senators/congressman more. This will also serve as a reminder about the positive contributions of the immigrant community to this country.
I would welcome suggestions from other experienced members on how this can be implemented. But my initial thoughts are, we identify the senators/congressman(woman) we want to contact, select a local charity, or a charity to which these people are associated with, and send in checks of 5 or 10 dollars per person to each of these charities.
Even if each of us is willing to contribute $100, we might be able to reach 10-20 of these lawmakers. And there is nothing we are losing here even if the lawmaker turns a blind eye to our cause. The money will be used for charity and so it serves some purpose.
And along with the donations, we can request them to support the Visa Recapture Bill, which will help all of us.
And my EB2 friends, we need your help also, as you never know how these dates can change in the coming months. Nothing is done and over untill you get the physical card. Dont mean to dampen your spirits, but you and I know what the truth is.
Let me know if there are any takers for this.
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lazycis
05-14 03:50 PM
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
Will do.
Will do.
more...
jonty_11
07-06 01:25 PM
I never saw this roumer any where..
well its a few posts above on this thread..
BTW, I am wondering why DOS keeps posting updates to July VB, rather than justmaking everything "U" instead of "C".....This is confusing.
well its a few posts above on this thread..
BTW, I am wondering why DOS keeps posting updates to July VB, rather than justmaking everything "U" instead of "C".....This is confusing.
kalyan
06-11 08:22 AM
Particularly elimination of LC substitution and elimination of concurrent 140 & 485 are good things to come in the forseeable future.
Also, another Damn thing that INS should do, check the PayStubs and W2 forms for all the people and should check with IRS on that to eliminate the another class of people who are just faking about everything, everything and becoming liable on this GC and creating a freaking mess and becoming example or providing direction to lot many others following their model.
If this stops, yes, our waiting times decrease. I can say one, Our own Indian mentality is causing Quueues in this process
We need to change.
Also, another Damn thing that INS should do, check the PayStubs and W2 forms for all the people and should check with IRS on that to eliminate the another class of people who are just faking about everything, everything and becoming liable on this GC and creating a freaking mess and becoming example or providing direction to lot many others following their model.
If this stops, yes, our waiting times decrease. I can say one, Our own Indian mentality is causing Quueues in this process
We need to change.
more...
ramus
07-06 01:08 PM
07/07/2007: State Department Record of EB Visa Number Authorization Involving Current Fiasco
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 30 and July 1 (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. Unconformed sources indicate that they processed and approved (?) a substantial number of application on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiate any discovery, the truth starts coming out of the cabinet a bit by bit.
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 30 and July 1 (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. Unconformed sources indicate that they processed and approved (?) a substantial number of application on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiate any discovery, the truth starts coming out of the cabinet a bit by bit.
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reddysn
06-05 11:14 AM
Wendy welcome to IV and thanks for participating in the discussion.
Can you please take some time to send web faxes(faxid- 20) to all the state senetors using the link on the home page , if you have not already done so. and also call them if time permits.
Coming to ur note , I guess , people who apply from F1 to I-485 you are referring are not the primary green card applicants. They are dependents on primary applicatns. If not, can you tell me what they are studying and how they can apply green card from F1? I am not aware of this route.
Numerous students on F1 visa applied 485 and got their GC these years.
Can you please take some time to send web faxes(faxid- 20) to all the state senetors using the link on the home page , if you have not already done so. and also call them if time permits.
Coming to ur note , I guess , people who apply from F1 to I-485 you are referring are not the primary green card applicants. They are dependents on primary applicatns. If not, can you tell me what they are studying and how they can apply green card from F1? I am not aware of this route.
Numerous students on F1 visa applied 485 and got their GC these years.
more...
offohh
08-02 05:21 PM
This link which is giving prediction for Oct, 2007 looks totally off to me.
if you see his EB3 predictions he is saying it will be close to to Jan 2007.
Where in Jan 2007 EB3 China was Aug 2002 not April 2005.
Don't know what is the reasoning behind these predictions.
if you see his EB3 predictions he is saying it will be close to to Jan 2007.
Where in Jan 2007 EB3 China was Aug 2002 not April 2005.
Don't know what is the reasoning behind these predictions.
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gc_chahiye
07-24 10:02 AM
Priti..
How can he get a visa number alloted(I suppose you mean he could have got approval)..NO WAY they can approve a person who applies in June.. Do you think they can approve 485 without Biometrics.NameCheck,Security checks etc.. Please do not provide wrong info and rise false hopes in people who already suffered a lot
correct, its going to take atleast 2 months even in the fastest cases of 485 approvals. With a March 2003 PD his best hope is that he becomes current again 6 months or so from now and does not get stuck in namecheck
How can he get a visa number alloted(I suppose you mean he could have got approval)..NO WAY they can approve a person who applies in June.. Do you think they can approve 485 without Biometrics.NameCheck,Security checks etc.. Please do not provide wrong info and rise false hopes in people who already suffered a lot
correct, its going to take atleast 2 months even in the fastest cases of 485 approvals. With a March 2003 PD his best hope is that he becomes current again 6 months or so from now and does not get stuck in namecheck
more...
rdehar
06-04 01:39 PM
One one hand you have folks who are getting labor approvals from BECs just now and have not filed I-140s.
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
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snathan
08-12 02:25 PM
aiming london shooting tokyo, thats exactly what this bill is doing. The vast majority of nonsense is created by small "con"sulting companies, i.e shell companies with less than 50 employees. Infact Schummer if he wanted a solution for h1b missue should have gone after these small "con"sulting companies rather than real multi national companies like infosys,tcs, wipro etc. I am not a fan of this bill but if you going to put restrictions on h1b do it the right way. it is these small "con"sulting companies with less than 50 employees that did illegal things like selling approved labor until using approved labor was abolished, it is these small "con"sulting companies which work on 80 20 model which are bringing disrepute to h1b and people working on h1b. by putting this rediculous rule which says only comapnies having more than 50 employess will be targetted by this law schummer inadvertently is encouraging the setup of more "con"sulting companies. The vast majority of green cards issued in the last 5 years (may be as hight as 80% of green cards) have been issued to the "con"sultants" working in these "con"sulting companies. People working in fortune 500 companies abide by all rules like it is the job responsibily which determines eb1, eb2 or eb3 and not your educational qualifications and therefore i have seen phd recepients applying in eb3 whereas the "con"sultants working in these "con"sulting companies who have sometimes b.sc bcom or btech degrees applying in eb2 by faking experience to show 5 years requirement, they work in SAP but they advertise the position as someone needing java or any programming experience. this is outright lying, how can people working in fortune 500 and legitemate companies complete with these "con"sultants and these "con"sulting companies with less than 50 employees for green cards.
For green card reform the biggest culprit is per country limit\quota, the above issue is small compared to the country quota but it still needs to be solved.
before somebody says illogical things like crab dragging another crab down etc etc, let me tell you something all i am saying is everybody should play by the rules, "con"sulting companies especially with less than 50 employees and the "con"sultants who work there are the ones which have brought disrepute to the h1b profession by indulging in labor selling and buying, applying for eb1, eb2 irrespective of job requirements and flouting the rules, for the most part big It majors infy, wipro etc did not indulge in these illegal activities.
Do not generalise all consulting companies...At least people working in these consulting companies sponsored GC and buying house and spending their money here. Most of the fradulent GC process was done by these croocked indian companies. They exploited the EB1C system to the maximum extend. Most of the times, they are not filing the GC and keep the employees as slaves or they exploit the EB1c fo their boot lickers.
For green card reform the biggest culprit is per country limit\quota, the above issue is small compared to the country quota but it still needs to be solved.
before somebody says illogical things like crab dragging another crab down etc etc, let me tell you something all i am saying is everybody should play by the rules, "con"sulting companies especially with less than 50 employees and the "con"sultants who work there are the ones which have brought disrepute to the h1b profession by indulging in labor selling and buying, applying for eb1, eb2 irrespective of job requirements and flouting the rules, for the most part big It majors infy, wipro etc did not indulge in these illegal activities.
Do not generalise all consulting companies...At least people working in these consulting companies sponsored GC and buying house and spending their money here. Most of the fradulent GC process was done by these croocked indian companies. They exploited the EB1C system to the maximum extend. Most of the times, they are not filing the GC and keep the employees as slaves or they exploit the EB1c fo their boot lickers.
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Sideliner
09-10 04:49 PM
I guess the reason for moving back eb2 I dates is strategic. Since they have the whole year to use the 140 K visas, they might be trying to start the year conservatively, trying to honor FIFO.
The aggressive movement of dates in last quarter was ONLY to prevent the visa number wastage.
The aggressive movement of dates in last quarter was ONLY to prevent the visa number wastage.
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saimrathi
08-10 02:51 PM
Just contributed $100 to IV.. Do your part guys...
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jain4444
08-08 03:21 PM
ssss,
can you let us know your labor PD
can you let us know your labor PD
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tinamatthew
07-20 09:18 PM
If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
I am not in this situation (schedule A), but I would love to call. Do you think it is ok to call without a case number?
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
I am not in this situation (schedule A), but I would love to call. Do you think it is ok to call without a case number?
more...
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Green.Tech
06-01 07:46 PM
Back to the top!
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Raju
07-06 01:35 PM
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 visa or on a green card straightforwardly. Thats what I am getting from all this.
There are about 18K CP cases.
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 visa or on a green card straightforwardly. Thats what I am getting from all this.
There are about 18K CP cases.
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mallu
03-31 11:42 PM
Alright Guys, Let's ignore this Dard-e-disco guy he doesn't deserve a second of our time. To answer your question, one thing atleast USCIS can give us is, Release data like How many applications they have already received from Major Green Card Seeking countries and in which EB categories. All this data they would have entered in their computers, They can easily run these kind of reports, I'm sure they'll be having some Data Warehousing softwares. So atleast everybody of know where we stand today and stop predicting cut-off dates etc. etc.
They can also make sure they send our APs and EADs in less than 90 days....
As Ron Gotcher observed, they are still using DOS ( not department of state ! ) programs .
They can also make sure they send our APs and EADs in less than 90 days....
As Ron Gotcher observed, they are still using DOS ( not department of state ! ) programs .
gc_on_demand
04-30 02:58 PM
I can understand if some congressman is agianst it.. but why USCIS doesnot want additional visa..
santb1975
06-11 12:43 AM
not good