eeezzz
07-11 12:24 PM
07 case is different. we can't infer much from that. I hope DOS has some insight into the no of pending cases when the move dates like this. I am sure there will be language in the actual bulletin that saves them from flak when the move dates back. The primary aim is to utilize the visa nos. But with all the information available to them the movement should be proportional to the nos available from spillover and etc.,
I don't see what is really different. I am not talking about July 2007. I am talking about May or June bulletin 2007. Do you mean the bulletin on May or June 2007 is to utilize the visa so the dates are not the "real" date? Then how do you know Aug. 2008 move is not for the same purpose? Especially if this movement is caused by spillover.
I don't see what is really different. I am not talking about July 2007. I am talking about May or June bulletin 2007. Do you mean the bulletin on May or June 2007 is to utilize the visa so the dates are not the "real" date? Then how do you know Aug. 2008 move is not for the same purpose? Especially if this movement is caused by spillover.
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gova123
08-02 05:41 PM
Bumping ^^^^^^^^^^^^^^
sparklinks
07-14 01:18 PM
Done
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eb3_nepa
07-14 05:42 PM
Go to TOP
Hey kevin can you please update your signature to reflect that you contributed towards this campaign and add the link to this thread to your signature.
Hey kevin can you please update your signature to reflect that you contributed towards this campaign and add the link to this thread to your signature.
more...
jonty_11
07-06 12:09 PM
They have just linked the two things together making it more explicit.
they are indeed trying to cover loopholes for people to keep applying in the window of opportunity....
they are indeed trying to cover loopholes for people to keep applying in the window of opportunity....
freakin_gc
12-29 03:05 PM
will someone will please explain my RFE in lay man words
Thanks
The labor certification submitted in support of your petition indicates that the minimum education requirement is "bachelor's degree in computer science, compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent".It is noted that the beneficiary received a 3 year bachelor's degree in Mathementics.
However, the term "euivalent" is not defined. Please provide documentary evidence to establish the definition of "equivalent" as it was defined in your labor certification process. Such evidence may include , but is not limited to, a statement from the dol explaining the interpretation of the term as certified, copies of the petioner's recruitment documentation and/or evidence that no U.S. applicant's for the position who posses the same or similar qualification as the beneficiary wer disqualified from selection
Thanks
Thanks
The labor certification submitted in support of your petition indicates that the minimum education requirement is "bachelor's degree in computer science, compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent".It is noted that the beneficiary received a 3 year bachelor's degree in Mathementics.
However, the term "euivalent" is not defined. Please provide documentary evidence to establish the definition of "equivalent" as it was defined in your labor certification process. Such evidence may include , but is not limited to, a statement from the dol explaining the interpretation of the term as certified, copies of the petioner's recruitment documentation and/or evidence that no U.S. applicant's for the position who posses the same or similar qualification as the beneficiary wer disqualified from selection
Thanks
more...
kaisersose
07-20 01:36 PM
The important thing is, not all BEC cases are alive today. Most people moved on to PERM. On the flip side, some newbies took advantage of substituted Labor, but I am guessing the count is not very high.
So if we have 150K BEC + 144K PERM, then in reality, the total 485 primary applicants will be < (150K + 144K).
More like 200K, I would think. Including spouses and foreign born kids, the number would be 400K (as not all primaries are married).
Add some more applicants from eb1, etc., who do not require Labors and the number should not exceed half a million in total including dependants. But again, we are speculating. In reality, the total may be less than half a million or more.
Assuming DOS and USCIS are efficient and use up all 140K visas each year, all of us should have GCs in < 4 years. The per country quota may cause some trouble, which may require adjusting the timeframe a little bit, but not much.
So if we have 150K BEC + 144K PERM, then in reality, the total 485 primary applicants will be < (150K + 144K).
More like 200K, I would think. Including spouses and foreign born kids, the number would be 400K (as not all primaries are married).
Add some more applicants from eb1, etc., who do not require Labors and the number should not exceed half a million in total including dependants. But again, we are speculating. In reality, the total may be less than half a million or more.
Assuming DOS and USCIS are efficient and use up all 140K visas each year, all of us should have GCs in < 4 years. The per country quota may cause some trouble, which may require adjusting the timeframe a little bit, but not much.
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ashutrip
06-22 11:18 AM
Nothing so far. I keep checking the status of my application every day but its still "In Process"
what is your PD?
what is your PD?
more...
smisachu
09-14 01:23 PM
Reporter called me ***. She wants to do a story for the weekend edition and wants to talk to some one in Middlesex county. She spoke to me and she needs two more from Middlesex county, NJ. Any one from middlesex county New Jersey please call her ASAP.
****
She wants to run this story on the weekend edition and she needs contacts ASAP.
==================
DO NOT POST MEDIA LEADS ON THE FORUM PLEASE.
Some information has been deleted form this post.
- Admin
****
She wants to run this story on the weekend edition and she needs contacts ASAP.
==================
DO NOT POST MEDIA LEADS ON THE FORUM PLEASE.
Some information has been deleted form this post.
- Admin
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PD_Dec2002
06-02 10:12 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 :)
java_jaggu :
yes, we both are saying the same thing.
Thanks,
Jayant
------------------------------------------------------------------------
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 :)
java_jaggu :
yes, we both are saying the same thing.
Thanks,
Jayant
more...
paskal
07-20 02:27 PM
this is not over
this might just be an opening salvo.
these things usually get negotiated behind the scenes.
things of note in this event:
1. we garnered 55 votes in support, in any up and down vote we win.
2. Durbin was the man again...that derailed us.
this might just be an opening salvo.
these things usually get negotiated behind the scenes.
things of note in this event:
1. we garnered 55 votes in support, in any up and down vote we win.
2. Durbin was the man again...that derailed us.
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Mouns
04-30 02:57 PM
OK so they are all happy. We don't know why the backlogs or what is being done to address that. Damn it!
more...
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learning01
04-25 06:53 PM
We stood in the backlog queue. 3 years. 4 years. Now, we are standing in the I-485 adjustment of status (to apply) queue.
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
Easing retrogression helps some, but not may of us who are stuck at back log centeres
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
Easing retrogression helps some, but not may of us who are stuck at back log centeres
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TheGreatMan
07-20 11:10 AM
Anybody have a link to the text of amendment. Are we sure, it had any text related to us ?
more...
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chanduv23
09-12 11:52 AM
can we put up forum threads here for state chapters or some kind of direct link or page for each individual state chapter
Doing state chapters through list servs is just not working out.
I think IV is trying to bring State Chapters also onto the website instead of individual list serves. I do not have any details, maybe pappu or Aman can throw light on this. But nevertheless, we can currently execute things in the way we are doing now.
Doing state chapters through list servs is just not working out.
I think IV is trying to bring State Chapters also onto the website instead of individual list serves. I do not have any details, maybe pappu or Aman can throw light on this. But nevertheless, we can currently execute things in the way we are doing now.
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nivasch
03-09 05:07 PM
From Visa bulletin for Schedule A Workers (Q..)
===============================
Schedule A Workers: Employment First, Second, and Third preference Schedule A applicants are entitled to up to 50,000 �recaptured� numbers.
=======================
So from now on words those 50k can be use for us?:confused:
-----------------------
EB3_NEPA, I'm pretty sure that's how it works. They first use the regular EB3 numbers available.
===============================
Schedule A Workers: Employment First, Second, and Third preference Schedule A applicants are entitled to up to 50,000 �recaptured� numbers.
=======================
So from now on words those 50k can be use for us?:confused:
-----------------------
EB3_NEPA, I'm pretty sure that's how it works. They first use the regular EB3 numbers available.
more...
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nk2006
10-17 04:19 PM
{someone sent me a PM (with a red-dot to boot :) asking what is the plan?}
As explained in the first post of this thread the current plan: is to write to ombudsman, service center etc and explain why this I485 denial is wrong. The letter format and addresses are provided in the same post. I request members to email ombudsman the letter - since their office got some attention on this issue its best time to send more. All you have to do is paste the letter and add your personal info and send email - take a few more minutes to print it and send hard-copy as well, just in case if they ignore emails.
As explained in the first post of this thread the current plan: is to write to ombudsman, service center etc and explain why this I485 denial is wrong. The letter format and addresses are provided in the same post. I request members to email ombudsman the letter - since their office got some attention on this issue its best time to send more. All you have to do is paste the letter and add your personal info and send email - take a few more minutes to print it and send hard-copy as well, just in case if they ignore emails.
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Edison99
10-22 09:52 AM
Thanks for nice info!
My application was filed under PERM EB2 on May 12th and it got approved on Sep 2nd. Filed I-140 under premium processing yesterday. My attorney has requested earlier priority date (June 2003, EB3) while filing EB2 I-140. He said, once I-140 is approved and priority date porting is done, I-485 may be approved automatically. If not approved for a period of time (say a month or so), interfiling may be requested.
My application was filed under PERM EB2 on May 12th and it got approved on Sep 2nd. Filed I-140 under premium processing yesterday. My attorney has requested earlier priority date (June 2003, EB3) while filing EB2 I-140. He said, once I-140 is approved and priority date porting is done, I-485 may be approved automatically. If not approved for a period of time (say a month or so), interfiling may be requested.
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Ravneetsingh
10-01 12:59 PM
Pls excse my noob-ness, i have read all the pages of this thread but cudnt find a precise answer.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
glus
07-06 01:09 PM
chertoff will be the one who will be questioning/grilling/waterboarding USCIS....not resigning....
OK, so , let his loose some nerves like we did. Let him have a few weeks of sleepless nights and then he will understand.....:mad:
OK, so , let his loose some nerves like we did. Let him have a few weeks of sleepless nights and then he will understand.....:mad:
americandesi
06-25 05:35 PM
I agree with mpadapa,albertpinto and other folks.
US is going to gain something.
- We are staying in the apartment more than 8-9 years, we want to live in the own house but we cannot buy a house.
- We have some idea and we want to implement it but we cannot do it.
- We want to send our kids in the private school but we are sending in the public school and charted school.
- We want to go for MBA/Higher education on own expense but we cannot do it.
- We want to buy 57-60 inch LCD TV and other luxorious items but We cannot buy it.
- We want to go on the Vacation/Home country but we cannot go.(Visa restriction for people whose H1 is expired or working on the EAD)
Money is required for all above items. Each item will give at least micro level boost up to the US economy. But without GC we cannot spend/invest our hard earned money. Because we don't know what is going to happen of our status tomorrow.
Another most important things, when we came to this country most of us were mid twenties and now most of us are mid thirties. We earned money but we gave best of time of our life to this country.
I would like to share some real life experiences from my friends so that we can debate the questionable topic of what America is losing by prolonging immigration benefits.
1) Friend A – (Current status - H1B) Came to US in 1999 for his higher education and later joined a Fortune 500 company on H1b. In early 2006, he quit and started a consulting company with his GC friend and transferred his H1 to the same company. He applied for his I-140+I-485 during the July fiasco and got his I-140 approved in May 2008. Currently there are 15 employees working for his company and the annual revenues stand at around $1 million. He is also planning to start offshore operations in the near future.
2) Friend B – (Currently in India) – Came to US during the Y2K era and later joined a Fortune 500 company as a consultant on H1B and immediately purchased a 3 bedroom home. He stayed in one of the rooms and leased the other 2 rooms to his friends and used the rental income towards mortgage payment. Four years later he sold his home for a hefty profit, left for India and started an offshore consulting company.
3) Friend C – (Current Status - TN) – Came to US during the Y2K era on L1 through a top MNC from India. Since his employer wasn’t sponsoring his GC, he applied for Canadian PR and got the same by 2003. He relocated to Canada, got his citizenship and joined a Fortune 500 company in US on TN visa. He’s not bothered about US GC at all as his Canadian passport provides unrestricted visa free access to 125 countries around the world.
4) Friend D – (Current Status – H1B) – Currently works for a Fortune 500 company as a consultant on H1B. He lives in a posh apartment and drives a Mercedes C class sport sedan though his GC process is not even initiated.
5) Friend E - (Current Status - US GC holder) - Came to US during the Y2K era and got his GC in 2003. Currently lives in a single bedroom apartment with his wife/kids and is known for frugal life style in spite of living in US for almost 10 years. So much is his frugality that he postponed purchasing a $500 worth laptop for many months so that he could save money towards his India trip. He still drives a late 90’s run down Honda Civic.
6) Friend F - (Current Status - US Citizen) - Came to US during the Y2K era and got his GC in 2002 and US citizenship in 2007. Currently earns close to $100K, but still lives in a single bedroom apartment with a frugal life style. As far as I know he had never washed his car (late 90’s Honda) and avoids eating out.
7) Friend G - (Current Status - US Citizen) - Came to US during the Y2K era and got his GC in 2002 and US citizenship in 2007. He purchased a 3 bedroom home even when his I-485 was pending and currently lives a normal life style just like many of us and plans to retire in India.
Hence the underlying fact is that, there’s no relationship between a person’s immigration status and his/her contribution to America and it’s crazy to believe that people will go on a spending spree or start companies as soon as they receive GC’s.
BTW I’ve got a Home Theater at my apartment and my current status is H1B with pending I-140 + I-485 :)
US is going to gain something.
- We are staying in the apartment more than 8-9 years, we want to live in the own house but we cannot buy a house.
- We have some idea and we want to implement it but we cannot do it.
- We want to send our kids in the private school but we are sending in the public school and charted school.
- We want to go for MBA/Higher education on own expense but we cannot do it.
- We want to buy 57-60 inch LCD TV and other luxorious items but We cannot buy it.
- We want to go on the Vacation/Home country but we cannot go.(Visa restriction for people whose H1 is expired or working on the EAD)
Money is required for all above items. Each item will give at least micro level boost up to the US economy. But without GC we cannot spend/invest our hard earned money. Because we don't know what is going to happen of our status tomorrow.
Another most important things, when we came to this country most of us were mid twenties and now most of us are mid thirties. We earned money but we gave best of time of our life to this country.
I would like to share some real life experiences from my friends so that we can debate the questionable topic of what America is losing by prolonging immigration benefits.
1) Friend A – (Current status - H1B) Came to US in 1999 for his higher education and later joined a Fortune 500 company on H1b. In early 2006, he quit and started a consulting company with his GC friend and transferred his H1 to the same company. He applied for his I-140+I-485 during the July fiasco and got his I-140 approved in May 2008. Currently there are 15 employees working for his company and the annual revenues stand at around $1 million. He is also planning to start offshore operations in the near future.
2) Friend B – (Currently in India) – Came to US during the Y2K era and later joined a Fortune 500 company as a consultant on H1B and immediately purchased a 3 bedroom home. He stayed in one of the rooms and leased the other 2 rooms to his friends and used the rental income towards mortgage payment. Four years later he sold his home for a hefty profit, left for India and started an offshore consulting company.
3) Friend C – (Current Status - TN) – Came to US during the Y2K era on L1 through a top MNC from India. Since his employer wasn’t sponsoring his GC, he applied for Canadian PR and got the same by 2003. He relocated to Canada, got his citizenship and joined a Fortune 500 company in US on TN visa. He’s not bothered about US GC at all as his Canadian passport provides unrestricted visa free access to 125 countries around the world.
4) Friend D – (Current Status – H1B) – Currently works for a Fortune 500 company as a consultant on H1B. He lives in a posh apartment and drives a Mercedes C class sport sedan though his GC process is not even initiated.
5) Friend E - (Current Status - US GC holder) - Came to US during the Y2K era and got his GC in 2003. Currently lives in a single bedroom apartment with his wife/kids and is known for frugal life style in spite of living in US for almost 10 years. So much is his frugality that he postponed purchasing a $500 worth laptop for many months so that he could save money towards his India trip. He still drives a late 90’s run down Honda Civic.
6) Friend F - (Current Status - US Citizen) - Came to US during the Y2K era and got his GC in 2002 and US citizenship in 2007. Currently earns close to $100K, but still lives in a single bedroom apartment with a frugal life style. As far as I know he had never washed his car (late 90’s Honda) and avoids eating out.
7) Friend G - (Current Status - US Citizen) - Came to US during the Y2K era and got his GC in 2002 and US citizenship in 2007. He purchased a 3 bedroom home even when his I-485 was pending and currently lives a normal life style just like many of us and plans to retire in India.
Hence the underlying fact is that, there’s no relationship between a person’s immigration status and his/her contribution to America and it’s crazy to believe that people will go on a spending spree or start companies as soon as they receive GC’s.
BTW I’ve got a Home Theater at my apartment and my current status is H1B with pending I-140 + I-485 :)
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