fromnaija
06-01 03:31 PM
No this does not apply to 485. It affects only immigrant 140 petition for alien worker.
AILA (http://www.aila.org/) has an analysis of the immigration bill in an article "Top 5 Concerns Regarding Employment-Based Immigration in S. 1348":
there is a disturbing section in there:
Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.
Any validity to this claim ?
If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
Is this valid/legal ?
AILA (http://www.aila.org/) has an analysis of the immigration bill in an article "Top 5 Concerns Regarding Employment-Based Immigration in S. 1348":
there is a disturbing section in there:
Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.
Any validity to this claim ?
If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
Is this valid/legal ?
wallpaper Keeley-Hazell-Wallpaper (13)
regacct
05-03 08:09 AM
Got to step it up with Sen Brown and Sen LeMieux, along with Sen Cornyn!
JAWAD
05-03 09:33 AM
Mine has a priority date of October 2002.
Got the 45-day letter last January (2005) and responded - It's been 15 months since......and NOTHING.
Got the 45-day letter last January (2005) and responded - It's been 15 months since......and NOTHING.
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Jimi_Hendrix
11-10 09:53 AM
We now have 5 members in Southern California who have shown interest in participating State Chapter work. I think that is a great start. Thanks for your postings. Once the core team gives us a set of responsibilities we can start rolling.
Thanks.
Thanks.
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madhu345
02-24 04:18 PM
May be our kids in future will have to wait inline for Indian Residency:p
bhatt
09-10 12:19 PM
One thing for sure USCIS do likes April fools day a lot as this the date they usually pick when the retrogress. This proves that a fool named DOS in love with April fools day.:)
USCIS and DOS love to pick APRIL FOOLS DAY as cut off date especially for India :) is it coincident or !:eek:
Are they telling that we have FOOLED you, immigrants again and again.
USCIS and DOS love to pick APRIL FOOLS DAY as cut off date especially for India :) is it coincident or !:eek:
Are they telling that we have FOOLED you, immigrants again and again.
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amitjoey
07-18 03:48 PM
Hi everyone!
I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.
USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.
Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.
I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.
Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!
My opinion (Just my opinion, use with risk). You should let your attorney know, and come clean with it. They will put in an explanation that such a mistake happened, but it is really EB-3. You have nothing to worry, since your attorney has already pointed it out earlier to USCIS, and that documentation should be included. This is much easier than having to deal with it later and being stuck. Ofcourse your attorney should know what to do, and s/he knows the importance of filing I-485 NOW, so they can advise much better.
I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.
USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.
Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.
I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.
Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!
My opinion (Just my opinion, use with risk). You should let your attorney know, and come clean with it. They will put in an explanation that such a mistake happened, but it is really EB-3. You have nothing to worry, since your attorney has already pointed it out earlier to USCIS, and that documentation should be included. This is much easier than having to deal with it later and being stuck. Ofcourse your attorney should know what to do, and s/he knows the importance of filing I-485 NOW, so they can advise much better.
2010 Celebrities Keeley Hazell
jetflyer
12-15 11:34 AM
On a serious note: Our situation is not comparable with Independence War, we will not die if we don’t have GC, we all are doing Well/Good/Okay but our lives could be lot better if we have GC by NOW, not X years from now, we need it NOW. But seems to be we have made compromise with the situation and one way or other we are floating with our lives. Initiatives like Hunger Strike may not work well but some sort of Flower Campaign/similar initiatives may work well. Monthly donation seems to be upsetting because they can’t tie it straight with outcomes, its hard to keep people on the hook for long, everybody is expecting it to happen sooner and Lobbying works slowly, it’s the reality.
my2cents,
J.F.
(2000-2007 H1B, 2007-Now EAD)
my2cents,
J.F.
(2000-2007 H1B, 2007-Now EAD)
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Suva
09-02 05:25 PM
Ohh no!!!!! Can't believe it myself.
I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
hair Keeley Hazell Wallpaper at
chanduv23
08-12 11:29 AM
Almost all companies, in every field (engg, medicine, nursing, research..) hire people through contracting agencies. Most of the companies these days hire only US citizens or GC or EAD and try best not to hire H1b and if you look at their employees, it is rare to find 50% or more h1b holders.
On the contrary, outsourcing companies may have majority of their workers coming here on L1 or H1b and when such a fgee is imposed, I guess, for the biggies, it is just a small adjustment in their costs of bringing workers which they will adjust in their other expenses.
Overall, I am not sure, how much revenue such a law will generate. Will it generate enough revenue which is being claimed (600 million?)
To me, this kinda speech and trashing Indian companies and outsourcing etc... and showing that they acted on it just looks like it is pure politics to save face during the election year.
On the contrary, outsourcing companies may have majority of their workers coming here on L1 or H1b and when such a fgee is imposed, I guess, for the biggies, it is just a small adjustment in their costs of bringing workers which they will adjust in their other expenses.
Overall, I am not sure, how much revenue such a law will generate. Will it generate enough revenue which is being claimed (600 million?)
To me, this kinda speech and trashing Indian companies and outsourcing etc... and showing that they acted on it just looks like it is pure politics to save face during the election year.
more...
axp817
07-18 09:28 PM
I started off with a one time contribution many months ago, and then signed up for $20 monthly contributions.
Today, when I saw the action item for the new funding drive and that the recurring contribution request had gone up to $50, I couldn't initially bring my stingy self to changing my contribution from $20 to $50.
Then I asked myself, If I were offered a green card today, at an additional 'premium' fee (Besides the filing, attorney fees), how much would I be willing to pay? probably, $2, 3, 4, 5, or even upto $10000. That being the case why was I being a miser about spending $50 a month supporting a great organization like IV.
With that thought, I immediately went ahead and signed up for the $50 a month contribution and cancelled my old $20 subscription on Paypal.
I am single and don't have a family to support like most of you do, but this $50 a month will go a long way. We have seen IV get results. From what has gone on in the last few months, up until last night, we know that IV is the only organization that really works for our interest. Oh, Shusterman, ILW, Murthy might all be good attorneys but they don't push our interests like IV does.
With that, I would request all of you to join hands and work with IV in bringing a revolutionary change to the employment immigration system.
Thank you all, in advance.
20,000 members of which at least 15,000 are real (not non-immigrant trolls).
If all sign up for $50 a month, IV would generate $750,000 a month. That kind of money = serious lobbying efforts = we get our green cards well before it is time to retire
Today, when I saw the action item for the new funding drive and that the recurring contribution request had gone up to $50, I couldn't initially bring my stingy self to changing my contribution from $20 to $50.
Then I asked myself, If I were offered a green card today, at an additional 'premium' fee (Besides the filing, attorney fees), how much would I be willing to pay? probably, $2, 3, 4, 5, or even upto $10000. That being the case why was I being a miser about spending $50 a month supporting a great organization like IV.
With that thought, I immediately went ahead and signed up for the $50 a month contribution and cancelled my old $20 subscription on Paypal.
I am single and don't have a family to support like most of you do, but this $50 a month will go a long way. We have seen IV get results. From what has gone on in the last few months, up until last night, we know that IV is the only organization that really works for our interest. Oh, Shusterman, ILW, Murthy might all be good attorneys but they don't push our interests like IV does.
With that, I would request all of you to join hands and work with IV in bringing a revolutionary change to the employment immigration system.
Thank you all, in advance.
20,000 members of which at least 15,000 are real (not non-immigrant trolls).
If all sign up for $50 a month, IV would generate $750,000 a month. That kind of money = serious lobbying efforts = we get our green cards well before it is time to retire
hot Keeley Hazell
andy garcia
10-01 11:28 AM
Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.
This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.
Can the IV community do some thing to improve the whole situation?
Thanks h1techSlave;
I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
just because I said so.
Remember that this system was designed back when there was one single queue.
You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.
Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued
This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.
Can the IV community do some thing to improve the whole situation?
Thanks h1techSlave;
I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
just because I said so.
Remember that this system was designed back when there was one single queue.
You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.
Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued
more...
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chisinau
11-02 12:28 PM
NURSE, H-1B FEES TORPEDOED FROM BUDGET BILL
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
http://blogs.ilw.com/gregsiskind/
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
http://blogs.ilw.com/gregsiskind/
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pmpforgc
03-06 08:29 PM
I feel like giving up today after I saw a friend of mine leaving to india with a US Citizenship and an overseas citizen of india card.
The irony is he applied two months after me in the same category except his application was from a different state.
Now it makes me think, if I have to go through this process and after 5 years if I end up like my friend, then I might as well do it now...:confused:
Just wanted to caution you that, your friend if he dont like his decesion, he can reverse it any time as he has luxuary of citizenship. If you try to foillow in his foot step, you may not have that luxury and also might have to restrart from scratch if you want to reverse your decesion of going back home.
The irony is he applied two months after me in the same category except his application was from a different state.
Now it makes me think, if I have to go through this process and after 5 years if I end up like my friend, then I might as well do it now...:confused:
Just wanted to caution you that, your friend if he dont like his decesion, he can reverse it any time as he has luxuary of citizenship. If you try to foillow in his foot step, you may not have that luxury and also might have to restrart from scratch if you want to reverse your decesion of going back home.
more...
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diptam
08-08 11:00 AM
Lets all try to send this letter. I'm working with my HR to get this 7001 out - As Pappu said there should not be any reason why HR wont sign that form.
What's going on at NSC or TSC is Shame.... Peoples who applied in AUG-SEP 07 has got 140 approved at NSC where as folks back in APR-JUNE 07 is stuck and more over NSC claims that they are processing MAR 22 07 for last 5 months.
This deserves attention - I'm trying to ratchet up some pressure via Congressman and Senator's office but they are very busy these days with Presidential election , so i'm not getting the kind of help that they generally do.
FYI:
Here is a quote from an email i received from the Ombudsman's office:
"Our office is in fact at this time actively probing the I-140 situation you describe generally."
This was in response to an e-mail i sent them, describing the situation (my wife's I-140 from April 2008 got approved before mine, which was submitted, you guessed it, on July 2007)
So maybe there's some hope here, who knows.
What's going on at NSC or TSC is Shame.... Peoples who applied in AUG-SEP 07 has got 140 approved at NSC where as folks back in APR-JUNE 07 is stuck and more over NSC claims that they are processing MAR 22 07 for last 5 months.
This deserves attention - I'm trying to ratchet up some pressure via Congressman and Senator's office but they are very busy these days with Presidential election , so i'm not getting the kind of help that they generally do.
FYI:
Here is a quote from an email i received from the Ombudsman's office:
"Our office is in fact at this time actively probing the I-140 situation you describe generally."
This was in response to an e-mail i sent them, describing the situation (my wife's I-140 from April 2008 got approved before mine, which was submitted, you guessed it, on July 2007)
So maybe there's some hope here, who knows.
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garry_kay
06-20 12:20 PM
Finally I got my lawyer to start an inquiry at the Atlanta PERM center. My case is pending since Feb 07.
Do you know if you got an audit? Any idea about how they decide to do audits?
Do you know if you got an audit? Any idea about how they decide to do audits?
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nyte_crawler
09-02 02:22 PM
More than 7 years in I 485 pending status. :confused:
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chanduv23
11-20 04:57 PM
If you really think then there is a 'conflict of interest' between an applicant and an attorney. If you looks at this way, attorneys do get paid for filling of H1B extensions. isn't it? I do not say that attorneys are bad and do this on purpose, but think about all possibilities. It really depends on individual. Thoughts? :(
Hmmmm - but all these top Attorneys are professional - I mean - why would they tell you just the opposite for getting money through h1b transfers - I don't believe it.
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
Hmmmm - but all these top Attorneys are professional - I mean - why would they tell you just the opposite for getting money through h1b transfers - I don't believe it.
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
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chanduv23
06-06 01:20 PM
Chanduv - Great to see you back here and rallying IV'ans
My pleasure to be associated in any possible way. Yourself, needhelp, wandmaker and all the gang are experts in rallying the threads - I am just a novice.
Come on HEROS, we need a lot of money for our lobbying efforts. We have to make every effort to succeed.
"Every bit counts" - so please do your bit.
My pleasure to be associated in any possible way. Yourself, needhelp, wandmaker and all the gang are experts in rallying the threads - I am just a novice.
Come on HEROS, we need a lot of money for our lobbying efforts. We have to make every effort to succeed.
"Every bit counts" - so please do your bit.
DSJ
07-06 02:11 PM
Make sure you don't have internet in that area :D (You might accidentally login here are ruin your vacation)
coz we need some place to go for vacation ;)
coz we need some place to go for vacation ;)
javadeveloper
08-14 06:39 PM
People who can buy houses are more important to USCIS/US than people who already have bought houses.
Thats what I am saying , if they come up with strategy like this , people will start buying homes.
Thats what I am saying , if they come up with strategy like this , people will start buying homes.
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