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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sparky_jones
03-07 11:41 AM
Well, he is saying differently here. What the hell?
http://www.immigration-information.com/forums/showthread.php?t=7464
Whatever Ron "Gotcha!!", and Mathew "Oh!!" say should always be taken with a pinch of salt. :)
http://www.immigration-information.com/forums/showthread.php?t=7464
Whatever Ron "Gotcha!!", and Mathew "Oh!!" say should always be taken with a pinch of salt. :)
ItIsNotFunny
10-22 02:54 PM
Hi,
I sent PM to 200 active senior members of forum requesting sending emails & mails.
Criteria used:
1. Has to have atleast one post after 1st Sep 2008.
2. Has to have atleast 200 posts.
I got very positive response from members saying either they already sent mails or planning to send very soon or over the weekend.
I sent PM to 200 active senior members of forum requesting sending emails & mails.
Criteria used:
1. Has to have atleast one post after 1st Sep 2008.
2. Has to have atleast 200 posts.
I got very positive response from members saying either they already sent mails or planning to send very soon or over the weekend.
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texanmom
08-14 05:17 PM
Onemay-
If you have a receipt notice for your H4...ask them if that helps along with your husbands H1 visa.
Your husband's H1 will determine the validity period of your visa...so that might help.
If you have a receipt notice for your H4...ask them if that helps along with your husbands H1 visa.
Your husband's H1 will determine the validity period of your visa...so that might help.
more...
vbkris77
02-26 02:39 PM
Here is how I came up with that analysis. Last year they made changes to give GC for those stuck in FBI name check if they passed 180 days. So most of the ROW got their GC last year. There were not many labors approved from 2008. So there is no demand from EB2 ROW this year. With the economy going down, not many would get EB1s either. I don't anticipate many EB5s either this year. So major chunk of EB visas will need to come to EB2I/C. Will CIS do that or not is a different story.
amsgc
06-05 10:25 PM
Lets make it happen folks!
more...
ramus
07-06 12:10 PM
Please change subject of this thread or close it . It seems like we have new visa bulltein from DOS..
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Xipe Totec
04-25 12:37 PM
This would technically mean that anyone anywhere in the world now, who has ever been to the US on a H visa, can apply for a GC based on the first touchdown date.
Not if the law would say "...currently holding an H1B status" ;)
Not if the law would say "...currently holding an H1B status" ;)
more...
enthu999
05-09 07:41 PM
I had similar issue when trying to refinance
My loan was Jumbo and to bring it to confirmation limits to get better rate the lender
tried doing home equity loan, at the end when we thought every thing was ok
they back and told they cannot give home equity loan because my Green card has not been aproved though I provided the AOS reciept and EAD.
The underwriter is FannieMae.
This for sure is a discrimination, in the current situation we cannot really make any benefit out of low mortgage rates..and the when the ARM is close to expire...god knows how
the interest rates would be.
My loan was Jumbo and to bring it to confirmation limits to get better rate the lender
tried doing home equity loan, at the end when we thought every thing was ok
they back and told they cannot give home equity loan because my Green card has not been aproved though I provided the AOS reciept and EAD.
The underwriter is FannieMae.
This for sure is a discrimination, in the current situation we cannot really make any benefit out of low mortgage rates..and the when the ARM is close to expire...god knows how
the interest rates would be.
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kumarc123
09-10 04:10 PM
I agree 100% too. Just feel so helpless.
After reading all your comments, I reached to a conclusion
We all are being fooled and frusturated by USCIS.
Now the question is, what are we going to do about it, keep complaining and whinning about it, or do something constructive.
Well I believe when we are all so knowledgabel about USCIS efficiency, what do we do next?
Well lets give out a big shout to something big, get some media attention and put pressure on USCIS. Unless we still choose to visit IV to express our frusturations and then logg of this webiste and continue to our daily cores.
Lets just wake up for one more time, and do something big, phone calls, faxes does not give us a public exposure, what we need now is public exposure, I have have been saying this for a while but no one seems to give an important consideration. Right now media attantion is in DC, and we can use that in our own advantage.
Thanks
After reading all your comments, I reached to a conclusion
We all are being fooled and frusturated by USCIS.
Now the question is, what are we going to do about it, keep complaining and whinning about it, or do something constructive.
Well I believe when we are all so knowledgabel about USCIS efficiency, what do we do next?
Well lets give out a big shout to something big, get some media attention and put pressure on USCIS. Unless we still choose to visit IV to express our frusturations and then logg of this webiste and continue to our daily cores.
Lets just wake up for one more time, and do something big, phone calls, faxes does not give us a public exposure, what we need now is public exposure, I have have been saying this for a while but no one seems to give an important consideration. Right now media attantion is in DC, and we can use that in our own advantage.
Thanks
more...
jimytomy
04-12 06:45 AM
How long it takes to get 140 approved in premium?
Officially 15 days. But according track itt website , it is taking at the most 8 or 9 days.
Officially 15 days. But according track itt website , it is taking at the most 8 or 9 days.
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sweet23guyin
07-18 03:23 PM
Thanks for all your efforts.
Made a contribution of $100
Confirmation Number: 1LX38419RG209364L.
Made a contribution of $100
Confirmation Number: 1LX38419RG209364L.
more...
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Milind123
09-15 10:04 PM
hi! i just contributed $100.00 via paypal transaction id is : 1GE522823P5726434
Thank you dvrao4 for your contribution. I appreciate your help for keeping this drive on. People, just one person left to close this round. Again, if you haven't made a contribution recently please help us give a successful finishing touches to Sept 18th.
Thank you dvrao4 for your contribution. I appreciate your help for keeping this drive on. People, just one person left to close this round. Again, if you haven't made a contribution recently please help us give a successful finishing touches to Sept 18th.
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learning01
04-25 03:04 PM
I welcome your stickiness. This idea is not new to the forum. Go and search the threads. We have an active agenda of sending the faxes, writing LTEs, follwoing up senators and their offices after discussions, writing to news anchors, talking heads etc.
learining01
Good thing you are doing and not talking, but lot of members are giving good suggestions, like contacting Professors who attended the Hearing this morning in the judiciary commitee meetings. Isnt that a new idea that was brought about only today...
We need more ideas and more action as we go along.
...not people running around with sticks trying to exert power or whatever they think they are doing..I mean grow up man..learn to deal with people
learining01
Good thing you are doing and not talking, but lot of members are giving good suggestions, like contacting Professors who attended the Hearing this morning in the judiciary commitee meetings. Isnt that a new idea that was brought about only today...
We need more ideas and more action as we go along.
...not people running around with sticks trying to exert power or whatever they think they are doing..I mean grow up man..learn to deal with people
more...
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Macaca
09-12 04:47 PM
Will do more tonight
As you see, I don't have the email address of some reporters. But there is a pattern. It will help if someone can verify the pattern for the missing reporters.
As you see, I don't have the email address of some reporters. But there is a pattern. It will help if someone can verify the pattern for the missing reporters.
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Leo07
12-10 06:46 PM
I want to shout very loud....but, I'm in office....so I can only shout here... AAAAAAAAAAAAAAAAAAAAAAHHHHHHHHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHAAAAAAAAAAAAHHHHHHHHHHHHHHHHHHHHHHHH HHHHHAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHA .... Just took a breath .. Shouting continues... ... AAAAAAAAAAAAAAAAAAAAAAAAAAAAHHHHHHHHHHHHHHHHHHHHHH H so is our life:)
more...
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pappu
07-06 02:27 PM
The USCIS automated line for Priority dates is still playing the PD's for June 2007 showing that EB-3 India cut off June 1st 2003 etc..
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
The automated line is actually a human trying to speak like a machine :D
If you call the number one has to press so many buttons, hear so many messages and finally when you reach an actual person, it is difficult to get any details on your case.
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
The automated line is actually a human trying to speak like a machine :D
If you call the number one has to press so many buttons, hear so many messages and finally when you reach an actual person, it is difficult to get any details on your case.
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sreeanne
03-20 10:35 AM
Guys,
I applied AP in Jan 4th 2008. Last week on 13th there was a LUD on AP. Today the status changed to "Document Mailed to applicant". Based on your experiences does this means RFE or Approval. BTW i belong to Nebraska Service Center.
sree
I applied AP in Jan 4th 2008. Last week on 13th there was a LUD on AP. Today the status changed to "Document Mailed to applicant". Based on your experiences does this means RFE or Approval. BTW i belong to Nebraska Service Center.
sree
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sunny1000
06-02 11:20 PM
True , hope it will relieve as house sees through it and will make life of all easier by making it amendments or even drop the whole law , We dont want it.
But also can some one point to me to place where it says H1B is not dual intent , i could only find DUAL iNTENT for some students.
It was in shutterman's website that was quoted in this forum somewhere reg dual intent provision.
But also can some one point to me to place where it says H1B is not dual intent , i could only find DUAL iNTENT for some students.
It was in shutterman's website that was quoted in this forum somewhere reg dual intent provision.
leoindiano
03-07 07:52 AM
We may have to believe him....
It doesnt mention Hillarys lastname though, thought that is funny....She was in Brussels this week though...
Like Hillary, Who?
It doesnt mention Hillarys lastname though, thought that is funny....She was in Brussels this week though...
Like Hillary, Who?
eb3_nepa
04-25 01:04 PM
So what happens to people who already have a PD based on the labor(LC) date?
I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.
I agree. Also it will be a MONUMENTAL fiasco at the UCSIS and DOL. How do we forsee changing existing applicants' PDs. That will be atleast a 4-6 month backlog and i am being optimistic here.
I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.
I agree. Also it will be a MONUMENTAL fiasco at the UCSIS and DOL. How do we forsee changing existing applicants' PDs. That will be atleast a 4-6 month backlog and i am being optimistic here.
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