java_jaggu
06-02 08:33 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 :)
------------------------------------------------------------------------
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 :)
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nixstor
07-06 10:06 AM
You need to change the SUBJECT also...
/***
FBI fingerprint bumping and checks are IGNORED for IMMIGRANTS - Can not believe it ? This is called HOMELAND SECURITY ???
How come USCIS / DOS can ignore CRITICAL FBI name check steps ?
***/
What the hell on earth is this? Do you know for sure they have ignored it? Do not add masala to the existing crap. Do you understand the consequences of these kind of spiced up stuff? We all would be sulking in the security check for ever, if DHS gets pissed off or gets a congressional hearing and the authorities get lambasted over this. You are seeing how doctors are being implicated in UK and all over. Security is the most important thing right now on this planet and western world is agog over security. I dont know from where Greg Siskind and Jay Solomon got the tip off. They tipped each of their hats off and put the story in our brains to run the show. Security is not a Joke. Do not make it a bigger issue unless you dont know whether it really has happened. The consequences can be pretty dangerous to the extent of revoking all the issued GC's in the past 20 days, if congress gets high on this. I dont know what lawyers want, but my understanding is none of us want to have negative consequences of this issue.
No matter who screwed up, we should be conveying the following message after we say that USCIS/DOS goofed up.
"The root cause of the situation is the inability of
a) DOS/USCIS to recapture the visa numbers from previous years
b) to carry forward the unused numbers for atleast one year
If congress makes the needed legislative changes to solve the above two issues, USCIS/DOS will not be in the ugliest predicaments like they are in right now"
Its our choice to make USCIS/DOS our enemies or we get compassionate to the situation considering how arcane the current laws are. We agree or not, we have to work with them going forward. Just that they are down and we are on a bashing spree right now doesnt mean that it will be situation for ever.
/***
FBI fingerprint bumping and checks are IGNORED for IMMIGRANTS - Can not believe it ? This is called HOMELAND SECURITY ???
How come USCIS / DOS can ignore CRITICAL FBI name check steps ?
***/
What the hell on earth is this? Do you know for sure they have ignored it? Do not add masala to the existing crap. Do you understand the consequences of these kind of spiced up stuff? We all would be sulking in the security check for ever, if DHS gets pissed off or gets a congressional hearing and the authorities get lambasted over this. You are seeing how doctors are being implicated in UK and all over. Security is the most important thing right now on this planet and western world is agog over security. I dont know from where Greg Siskind and Jay Solomon got the tip off. They tipped each of their hats off and put the story in our brains to run the show. Security is not a Joke. Do not make it a bigger issue unless you dont know whether it really has happened. The consequences can be pretty dangerous to the extent of revoking all the issued GC's in the past 20 days, if congress gets high on this. I dont know what lawyers want, but my understanding is none of us want to have negative consequences of this issue.
No matter who screwed up, we should be conveying the following message after we say that USCIS/DOS goofed up.
"The root cause of the situation is the inability of
a) DOS/USCIS to recapture the visa numbers from previous years
b) to carry forward the unused numbers for atleast one year
If congress makes the needed legislative changes to solve the above two issues, USCIS/DOS will not be in the ugliest predicaments like they are in right now"
Its our choice to make USCIS/DOS our enemies or we get compassionate to the situation considering how arcane the current laws are. We agree or not, we have to work with them going forward. Just that they are down and we are on a bashing spree right now doesnt mean that it will be situation for ever.
chanduv23
03-03 04:45 PM
Everyone feel like giving up but none of us give up :)
True - it applies to everyone. The difference is, some people look at it as fate, some people try to do best out of it and some try to do something for betterment. IV and some serious IV members are of the third type whereas the reast of folks are first and second types :)
True - it applies to everyone. The difference is, some people look at it as fate, some people try to do best out of it and some try to do something for betterment. IV and some serious IV members are of the third type whereas the reast of folks are first and second types :)
2011 good quotes. good quotes on
drona
07-20 04:56 PM
Sent you an email regarding your post.
more...
ckichannagari
07-15 11:24 AM
Just mailed cheque for $20
GCapplicant
08-14 12:34 PM
I read in one of the Ron's post -CHc trying to stop even small immigration bills which has no amesty in it.So even the nurse recapture bill is at stake.
So ,I'm sorry -I beleive no one will even touch our case.Apply in EB2 port PD or get new PD either will be helpful .But seeing new backlog for I 140 its terrible.
I might apply for Canadian GC-Having kids here ,man they are adapted to this country living.That's the only thing bothering - kids future.
So this bill this year is at stake for sure.No one cares ...including change-what change there woudnt be any change in new party too.Its all drama going.I lost the trust.Its as if EB3 is not educated.
I'm just wondering-Will this problem be there if it were for ROW-or is it our color...that they dont want to aid.It's sure racism.
How many EB3 are there in total...Who asked them to flood the applications last year? :mad:
Its bloody hell out here.no wonder some people become saddist later half ...who woudnt when they are treated like this from begginning.
Now I have to hate myself applying in EB3.:rolleyes:
EB2 guys have been diverted from participating in any campaign now.so no bothering congressmen.
I have mailed to Senator Menendez -NJ thanking him for introducing the new bill and to do the needful.So far no news.
So ,I'm sorry -I beleive no one will even touch our case.Apply in EB2 port PD or get new PD either will be helpful .But seeing new backlog for I 140 its terrible.
I might apply for Canadian GC-Having kids here ,man they are adapted to this country living.That's the only thing bothering - kids future.
So this bill this year is at stake for sure.No one cares ...including change-what change there woudnt be any change in new party too.Its all drama going.I lost the trust.Its as if EB3 is not educated.
I'm just wondering-Will this problem be there if it were for ROW-or is it our color...that they dont want to aid.It's sure racism.
How many EB3 are there in total...Who asked them to flood the applications last year? :mad:
Its bloody hell out here.no wonder some people become saddist later half ...who woudnt when they are treated like this from begginning.
Now I have to hate myself applying in EB3.:rolleyes:
EB2 guys have been diverted from participating in any campaign now.so no bothering congressmen.
I have mailed to Senator Menendez -NJ thanking him for introducing the new bill and to do the needful.So far no news.
more...
sam2006
09-12 09:08 PM
Looks like you will soon cross My 350 Contribution ;)
I pledge 100$ more once Milind123 equals 400 !!:D
Any Takers !!!
thats the Least we non attending :( :(
folks can do
I pledge 100$ more once Milind123 equals 400 !!:D
Any Takers !!!
thats the Least we non attending :( :(
folks can do
2010 good quotes about love. some
kkcal2002
07-18 12:04 AM
Live in Sanbernardino County but work in LA County(Pasadena). count me IN.
more...
anindya1234
07-12 04:53 PM
Submitted Rep Lofgren's letter along with the article on Murthy website. They said they will get back to me.
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axp817
09-14 11:45 AM
I have to agree with SC3. PD porting from one EB category to another is a provision that falls within USCIS guidelines.
Yes, if an overwhelming number of applicants from a (more) retrogressed category port to a non (or less) retrogressed category, it 'hurts' some people.
I am EB2-I 2006 by the way, and this will hurt me as well. But I can't bash someone for utilizing to their advantage an option that is provided by the system.
And who am I kidding, if I was in their place, I would be doing the same thing.
Yes, if an overwhelming number of applicants from a (more) retrogressed category port to a non (or less) retrogressed category, it 'hurts' some people.
I am EB2-I 2006 by the way, and this will hurt me as well. But I can't bash someone for utilizing to their advantage an option that is provided by the system.
And who am I kidding, if I was in their place, I would be doing the same thing.
more...
leoindiano
02-23 03:47 PM
Check for LUD;s on your already approved I-140, that may mean something, i gather from some GC holder's experience...
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immm
07-18 06:13 PM
Now we can take the thread back to the original issue Order Of I-485 Processing.
Back to the original thread
With this July VB fiasco, thousands of people with the recent priority dates will be able to apply alongside the applicants with much older priority dates and depending on how the USCIS issues the receipt notices or how fast their lawyers can file, some with older priority dates will fall behind in terms of receiving the receipt dates.
Note: Even a few days' difference in receipt dates could matter due to the quota when thousands apply in the same month
So the question on the table is:
How would USCIS process the cases now that many recent priority date filers were able to beat (sarcasm:thanks to DOS and USCIS!) the older priority date filers in getting the receipt notices?
.
Back to the original thread
With this July VB fiasco, thousands of people with the recent priority dates will be able to apply alongside the applicants with much older priority dates and depending on how the USCIS issues the receipt notices or how fast their lawyers can file, some with older priority dates will fall behind in terms of receiving the receipt dates.
Note: Even a few days' difference in receipt dates could matter due to the quota when thousands apply in the same month
So the question on the table is:
How would USCIS process the cases now that many recent priority date filers were able to beat (sarcasm:thanks to DOS and USCIS!) the older priority date filers in getting the receipt notices?
.
more...
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indigo10
09-27 01:27 PM
Came to US on F1 - Dec 2002
Graduated - May 2005
Started working since - Aug 2005
First H1B screwed up by employer in 2005, applied new one in 2006 April
Transfer of labor (dated Dec 2006) in April 2007
Labor approved before July -2007 fiasco but did not apply I-485 to get married and be with family.
Married and Wife came on F1 - Aug 2009
Sticking with the same employer since 2005.
Waiting for my priority date to be current and hoping coming July will bring cheers.
Graduated - May 2005
Started working since - Aug 2005
First H1B screwed up by employer in 2005, applied new one in 2006 April
Transfer of labor (dated Dec 2006) in April 2007
Labor approved before July -2007 fiasco but did not apply I-485 to get married and be with family.
Married and Wife came on F1 - Aug 2009
Sticking with the same employer since 2005.
Waiting for my priority date to be current and hoping coming July will bring cheers.
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Mouns
04-30 02:28 PM
The link got working again, but nothing is happening as of yet.
Nothing works for me. No visual / No audio. Nothing... :mad:
Nothing works for me. No visual / No audio. Nothing... :mad:
more...
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royus77
07-17 11:23 PM
Given That All Dates Are Now Current And There Will Be Hundreds Of I-485 Filings By August 17, Will The Uscis Process Them In Order Of The Original Labor Cert Priority Date Or The Date Of Receipt Of The I-485 Filing Itself?
Only on PD when the date is current
Only on PD when the date is current
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webm
07-11 11:55 AM
Really WOW for EB2-India..:)
EB3-India still very sad...:(..lets pray for atleast Oct VB movement..
-------------------------
PD:EB3-I Oct,2001
485 AD:waiting goes on...
EB3-India still very sad...:(..lets pray for atleast Oct VB movement..
-------------------------
PD:EB3-I Oct,2001
485 AD:waiting goes on...
more...
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mangelschots
07-16 01:49 AM
I live in Rancho Cucamonga (Inland Empire)
I think Orange County is a good place, as it is a tech center and will be less associated with illegal immigration.
I always like the Beach area.
I think Orange County is a good place, as it is a tech center and will be less associated with illegal immigration.
I always like the Beach area.
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piyu7444
04-30 07:30 PM
.................................................. .................................................. ...........
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ns521
12-27 06:01 AM
I wish you guys to mention the center you applied to because processing times are different...
jaihind
07-18 01:05 PM
I just upgraded my monthly from 20 to 50 and also convinced 5 more aspirants to join and contribut 20 or 50 per month.
Let us all join hands and show our strength !!!
Let us all join hands and show our strength !!!
Harivinder
09-10 02:07 PM
$100 Google Order #565447969371741
I will not be able to make it for the rally, my one-cent contribution, also trying to convience some friends to make some contributions. Also I want to make a suggestion, Please urge Congress via banners or what so ever means to take Legal Immigration and Illegal Immigration separately. We are so badly being hit by congress combining these issues.We are legal taxpaying immigrants and should be treated the same way. Not equivalent to illegal immigrants.
I will not be able to make it for the rally, my one-cent contribution, also trying to convience some friends to make some contributions. Also I want to make a suggestion, Please urge Congress via banners or what so ever means to take Legal Immigration and Illegal Immigration separately. We are so badly being hit by congress combining these issues.We are legal taxpaying immigrants and should be treated the same way. Not equivalent to illegal immigrants.
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