rbharol
07-18 01:57 PM
Not to forget the people stuck in backlog centers.
I was stuck in backlog center.
Recently my company converted from Non-RIR to RIR and I got it approved
in a few months. In parallel, I had my labor approved via PERM too as a safety net, just in case dates become current.
I would personally suggest to change your case to RIR if it is not so and there
is no harm in getting PERM approval as well.
I was stuck in backlog center.
Recently my company converted from Non-RIR to RIR and I got it approved
in a few months. In parallel, I had my labor approved via PERM too as a safety net, just in case dates become current.
I would personally suggest to change your case to RIR if it is not so and there
is no harm in getting PERM approval as well.
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for_gc
12-26 02:53 PM
Not sure good or bad. but this is sure some news.
Canadian_Dream
06-02 07:27 PM
Effective date is next fiscal year or the one following it. If you read both the sections it cleary says that.
(Read the word approved and an "or" preceding it).
or approved at the time of the effective date of this section, shall be treated as if such provision remained effective and an approved petition may serve as the basis for issuance of an immigrant visa.
In my opinion this clearly means that if you have an approved I-140 before the effective date you should be ok. All pending I-140 on the effective date which is 15 months away are most likely have to refile. That leads to two scenarios:
1. Approved I-140 with a pending I-485, these petitions will be elegible for immigrant visa whenever one is avialable, this is very clearly mentioned.
2. Approved I-140 without I-485. No clear indication of how these cases will be treaed. They MIGHT have to refile as well.
============
(d) EFFECTIVE DATE.—
32
33 (1) IN GENERAL.—Subject to paragraph (2), the amendments
34 made by this section shall take effect on the first day of the
35 fiscal year subsequent to the fiscal year of enactment, unless
36 such date is less than 270 days after the date of enactment, in
37 which case the amendments shall take effect on the first day of
38 the following fiscal year.
39
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.
9
The original word is "enactment date", which would be the date the bill is signed into law. The effective date will be oct, 2008.
So people who didn't get their 140 through before the president signs the bill would be screwed?
(Read the word approved and an "or" preceding it).
or approved at the time of the effective date of this section, shall be treated as if such provision remained effective and an approved petition may serve as the basis for issuance of an immigrant visa.
In my opinion this clearly means that if you have an approved I-140 before the effective date you should be ok. All pending I-140 on the effective date which is 15 months away are most likely have to refile. That leads to two scenarios:
1. Approved I-140 with a pending I-485, these petitions will be elegible for immigrant visa whenever one is avialable, this is very clearly mentioned.
2. Approved I-140 without I-485. No clear indication of how these cases will be treaed. They MIGHT have to refile as well.
============
(d) EFFECTIVE DATE.—
32
33 (1) IN GENERAL.—Subject to paragraph (2), the amendments
34 made by this section shall take effect on the first day of the
35 fiscal year subsequent to the fiscal year of enactment, unless
36 such date is less than 270 days after the date of enactment, in
37 which case the amendments shall take effect on the first day of
38 the following fiscal year.
39
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.
9
The original word is "enactment date", which would be the date the bill is signed into law. The effective date will be oct, 2008.
So people who didn't get their 140 through before the president signs the bill would be screwed?
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manderson
12-28 06:31 PM
After some point we need to ask USCIS to update the processing times to reflect this long delay, or take legal action or whatever to expedite this...
more...
pappu
07-18 11:59 AM
IV action alert $50 per month recurring contribution drive.
Dear IV members,
IV has had its first big success this year and we should all be proud of what we can all do. We worked hard and left no stone unturned to get this relief for our members. During the last few days there has been some movement on the National Defense Authorization Act and work on DREAM and SKIL provisions. While we were fully focused on the 485 relief, we did not lose sight of the developments. We have built a positive momentum and have been getting positive signals from key lawmakers. It is now upto us how we can seize the opportunity and focus on the lobbying efforts on legislative front. After seeing the overwhelming support of our members we are also encouraged to move ahead with full steam and explore the possibility of our provisions in the upcoming legislative activities. We also need to explore any other future movement on legislative front. Please join us in this struggle by signing up for $50 or more per month recurring contributions. This minimum amount is important for us to accomplish the kind of results we all desire. The failure of CIR and the political climate against immigration are making the task difficult but not impossible.
Monthly $50 sign ups will enable us to have a better idea on the funds for the coming months and we can plan our efforts better.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
Thanks again for your continued support.
IV team
P.S. After our success with the visa bulletin, our opponents, other organizations and people in DC know that IV has arrived. Congrats everyone.
=========================
" Kapoor says he has spent about $64,000 of his own money in the last 19 months, largely on travel to and from Washington."
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_012859.htm?chan=top+news_top+news+index _businessweek+exclusives
========================
Message from Pappu:
Yes this is not a typo. This is true. Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
Dear IV members,
IV has had its first big success this year and we should all be proud of what we can all do. We worked hard and left no stone unturned to get this relief for our members. During the last few days there has been some movement on the National Defense Authorization Act and work on DREAM and SKIL provisions. While we were fully focused on the 485 relief, we did not lose sight of the developments. We have built a positive momentum and have been getting positive signals from key lawmakers. It is now upto us how we can seize the opportunity and focus on the lobbying efforts on legislative front. After seeing the overwhelming support of our members we are also encouraged to move ahead with full steam and explore the possibility of our provisions in the upcoming legislative activities. We also need to explore any other future movement on legislative front. Please join us in this struggle by signing up for $50 or more per month recurring contributions. This minimum amount is important for us to accomplish the kind of results we all desire. The failure of CIR and the political climate against immigration are making the task difficult but not impossible.
Monthly $50 sign ups will enable us to have a better idea on the funds for the coming months and we can plan our efforts better.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
Thanks again for your continued support.
IV team
P.S. After our success with the visa bulletin, our opponents, other organizations and people in DC know that IV has arrived. Congrats everyone.
=========================
" Kapoor says he has spent about $64,000 of his own money in the last 19 months, largely on travel to and from Washington."
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_012859.htm?chan=top+news_top+news+index _businessweek+exclusives
========================
Message from Pappu:
Yes this is not a typo. This is true. Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
indio0617
03-09 09:55 AM
Specter: Going to title 2 now...
more...
I_need_GC
02-28 02:01 PM
Heres the dates just as an fyi.
Filed AP: July 26,08
RD: Aug 16, 08
Took company emergency AP letter to IO by making infopass appointment. Feb 07. Got a letter Feb 12 dated feb 09 application accepted as emergency and will be expedited. Got first link update Feb 19, then Approval on Feb 20, Then another Link up date Feb 21. Attorney received 2 original copies of AP Feb 28. On the AP it has created date Feb 19.
If your AP is still pending call customer service and do open a SR. My case was handled by the Nebraska Center.
Filed AP: July 26,08
RD: Aug 16, 08
Took company emergency AP letter to IO by making infopass appointment. Feb 07. Got a letter Feb 12 dated feb 09 application accepted as emergency and will be expedited. Got first link update Feb 19, then Approval on Feb 20, Then another Link up date Feb 21. Attorney received 2 original copies of AP Feb 28. On the AP it has created date Feb 19.
If your AP is still pending call customer service and do open a SR. My case was handled by the Nebraska Center.
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needhelp!
09-10 05:06 PM
vandanaverdia's friend, stillhopefull , asanghi, axp817, xtetic , srgadi, gcnirvana, himu73, iqube00, desperatedesi , Harivinder, vijay1974 , manugee, niva
more...
cjain
08-10 04:34 PM
what time was your application received?
All 6 of our checks got cleared today below are the details
I-485/131/765 recd date: 2nd july 07
I-485/131/765 notice date: 06th Aug 07
Service Center send : NSC
I-140 approved : on 31-May-06, TSC
Got Recipts : NO
All 6 of our checks got cleared today below are the details
I-485/131/765 recd date: 2nd july 07
I-485/131/765 notice date: 06th Aug 07
Service Center send : NSC
I-140 approved : on 31-May-06, TSC
Got Recipts : NO
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chanduv23
11-17 02:26 PM
Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
My blog was based on Attorney Rajiv Khanna's interpretation. We need to definitely nail this out. Any experts?
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
My blog was based on Attorney Rajiv Khanna's interpretation. We need to definitely nail this out. Any experts?
more...
indio0617
03-09 10:55 AM
Sen Feinstein Amendment : 6303; provides an exception for refugees, aliens who apply for asylum (fleeing persecution, dictatorship) to waive passport fraud if they have comitted any.
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Imigrait
06-11 05:27 PM
It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
Wow..... That's an average of more than 100% return consistently. You should start your own hedge fund or maybe advice Warren Buffett.;)
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
Wow..... That's an average of more than 100% return consistently. You should start your own hedge fund or maybe advice Warren Buffett.;)
more...
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pappu
12-20 01:17 PM
Thank you Yabadaba. IV was able to help publish your op-ed.
http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521
Others, if you would like to use the might of your pen, pls write articles and op-eds and Iv would try to get them published.
http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521
Others, if you would like to use the might of your pen, pls write articles and op-eds and Iv would try to get them published.
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uma001
09-27 09:44 AM
Landed on 03/1997 on H1B. Didn't file for GC until 2003 as plan was to work for 2-3 years, get into an MBA program, and then go back.
MBA resulted in loans of $120K which in turn meant spending some more time in the US which resulted in buying a house which resulted in even bigger loan.
Now living the American "dream" on EAD.
You must be earning more than the debts you have from MBA per year. With that you should have paid the loans.
MBA resulted in loans of $120K which in turn meant spending some more time in the US which resulted in buying a house which resulted in even bigger loan.
Now living the American "dream" on EAD.
You must be earning more than the debts you have from MBA per year. With that you should have paid the loans.
more...
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ItIsNotFunny
10-21 11:24 AM
I have sent the email to Cisombudsman and will update the poll also.
Great. Thanks.
Target 500 emails by this week. Lets show unity, lets show power of unity.
Great. Thanks.
Target 500 emails by this week. Lets show unity, lets show power of unity.
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chanduv23
09-12 11:53 AM
We won't know if it effective unless we execute it, which is the biggest issue with us "the execution".
So far as locating old PDs are concerned, it USCIS knows it exists and if there is willinglness, they can dig it out from anywhere.
On the other hand , if this not fixed then even if there are 200K extra visas, the sufferings will persist.
True - it has to be fixed. We must send a strong signal. Otherwise, they will ignore old PDs, look at wikipedia, alipac etc.... to adjujicate cases
So far as locating old PDs are concerned, it USCIS knows it exists and if there is willinglness, they can dig it out from anywhere.
On the other hand , if this not fixed then even if there are 200K extra visas, the sufferings will persist.
True - it has to be fixed. We must send a strong signal. Otherwise, they will ignore old PDs, look at wikipedia, alipac etc.... to adjujicate cases
more...
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chanduv23
11-18 10:41 AM
We must also step forward and work towards resolving other things
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
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amsgc
06-05 10:25 PM
Lets make it happen folks!
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ychousa
07-18 07:25 PM
Ofcourse PD is considered for VISA numbers, not the RD. RD is good for portability issues like AC21/180 days rule.
How do you check the current or eligible PD of VISA numbers after you've filed I-485?
How do you check the current or eligible PD of VISA numbers after you've filed I-485?
aj1234567
07-05 07:34 PM
Hi Folks-
We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
Thx
Aj
We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
Thx
Aj
singhsa3
07-20 04:07 PM
Not really, your I-485 information has to be put in the system first.
If I am first in the list, base don the claculation, I will get it in 5 minutes,Thats true, the last person will have to wait for 20 months:)
If I am first in the list, base don the claculation, I will get it in 5 minutes,Thats true, the last person will have to wait for 20 months:)
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