.jpg "Cute Quotes About Summer.")
chandsri81
05-14 07:19 AM
Hi
BOA is now asking me for I-94. In my I-94 it is stamped as"Paroled until July 29th 2010" - will they interpret this as my valid stay in the US being only till July 29th? Not sure how I can explain this to them
Chandana
BOA is now asking me for I-94. In my I-94 it is stamped as"Paroled until July 29th 2010" - will they interpret this as my valid stay in the US being only till July 29th? Not sure how I can explain this to them
Chandana
wallpaper Cute Quotes About Summer.
lazycis
11-20 04:26 PM
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
H1B petition can be revoked automatically if a) employer notifies USCIS that the petition is withdrawn or b) employer goes out of business. See 8 CFR 214.2.(b)(11). So yes, EAD is much safer in this regard. Revoked H1B petition cannot be used for transfer/extension. It's nice to have H1B as a fallback, but it's not a safe heaven.
Here is an interesting article regarding H1B and employer's obligation to notify the USCIS if employment ends.
http://www.chincurtis.com/pdfs/ccid_1_033007-1.pdf
H1B petition can be revoked automatically if a) employer notifies USCIS that the petition is withdrawn or b) employer goes out of business. See 8 CFR 214.2.(b)(11). So yes, EAD is much safer in this regard. Revoked H1B petition cannot be used for transfer/extension. It's nice to have H1B as a fallback, but it's not a safe heaven.
Here is an interesting article regarding H1B and employer's obligation to notify the USCIS if employment ends.
http://www.chincurtis.com/pdfs/ccid_1_033007-1.pdf
cheg
07-23 05:53 PM
You're very observant. :) My husband depends on me to know our case. I'm H4 so all I do is read updates on immigration. I got addicted to IV! :D
I wonder what will happen with our cases. My husband has a PD Oct 2003, EB2 ROW, but thanks to PBEC, it got approved in Jan 2007. Our RD is March 2007, TSC, concurrent. Got AP in April and EAD in May. No LUD on 485 after FP, 04/25/2007.
One more question: How many wives are here? It looks like some guys would rather let this matter to the ladies to handle.:D
I wonder what will happen with our cases. My husband has a PD Oct 2003, EB2 ROW, but thanks to PBEC, it got approved in Jan 2007. Our RD is March 2007, TSC, concurrent. Got AP in April and EAD in May. No LUD on 485 after FP, 04/25/2007.
One more question: How many wives are here? It looks like some guys would rather let this matter to the ladies to handle.:D
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zoooom
07-14 07:10 PM
^^^
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leo2606
09-28 09:45 PM
Make sure your script set the issue date 3 or 4 years in the past, we can apply citizenship soon.:D
LOL. :) If I am a volunteer as an IO, I would get the names of all IV members, write a small script to approve their GCs, make sure the cards are delivered to the members, and immediately resign my job. :D
Regards,
IK
LOL. :) If I am a volunteer as an IO, I would get the names of all IV members, write a small script to approve their GCs, make sure the cards are delivered to the members, and immediately resign my job. :D
Regards,
IK
cheg
07-23 08:21 PM
Thanks for letting us know about your friends. At least we can see that USCIS is trying to clear 2004 applicants. They will be taking care of 2005 soon then. :D
couple of my friends who had PD's 2004 feb and april
EB3 india too got their I-485 approvals last week.
couple of my friends who had PD's 2004 feb and april
EB3 india too got their I-485 approvals last week.
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gc_wow
02-23 06:43 PM
What about TSC processing dates,is that wrong too.
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missourian
06-02 07:37 PM
Guys I am a new member of IV , joined two weeks back, just made a one time contribution, Please follow the fund drive thread and contribute and ask new members to join IV.
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somegchuh
01-03 03:35 PM
I think this is a really complex issue. We go thru a lot of thoughts now and then.
When I think rationally this is what I am concerned about:
1. Social isolation from family (brother/sisters/extended family) in the long run.
2. Inability to support aging parents.
The second issue weighs down on my soul more because supporting aging parents is a debt we are all supposed to pay back (regardless of ethnicity/class/caste/nationality/...). We are not supposed to run away from it. Some of us are lucky to have sibilings who are supporting the parents back home and that makes it a little easier. I know some of us even have single parents living by themselves.
The long wait makes it hard for you and wife. So you really feel frustrated and want to leave. At the same time waiting for GC your career has been stagnating for years, your wife hasn't had a job in years and that makes going back harder. Its like being stuck between a rock and a hard place. Things seem good with a GC in US and they look good back home but we seem to be getting neither ... *sigh*
When I think rationally this is what I am concerned about:
1. Social isolation from family (brother/sisters/extended family) in the long run.
2. Inability to support aging parents.
The second issue weighs down on my soul more because supporting aging parents is a debt we are all supposed to pay back (regardless of ethnicity/class/caste/nationality/...). We are not supposed to run away from it. Some of us are lucky to have sibilings who are supporting the parents back home and that makes it a little easier. I know some of us even have single parents living by themselves.
The long wait makes it hard for you and wife. So you really feel frustrated and want to leave. At the same time waiting for GC your career has been stagnating for years, your wife hasn't had a job in years and that makes going back harder. Its like being stuck between a rock and a hard place. Things seem good with a GC in US and they look good back home but we seem to be getting neither ... *sigh*
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john2255
07-20 04:35 PM
Kindly understand that
Yea- YES
Nay- NO
Not- Absent from voting.
Obama was absent from voting- A clever diplomacy.
Hilary Clinton- Nay(double talk)
Senators from California- both no ( Big Surprise)
http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266
Text of the amemdment.
http://thomas.loc.gov/cgi-bin/query/F?r110:1:./temp/~r110xIKs1t:e32253:
Here is the Senators and their voting pattern.
Alabama: Sessions (R-AL), Nay Shelby (R-AL), Yea
Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
Arkansas: Lincoln (D-AR), Nay Pryor (D-AR), Nay
California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
Colorado: Allard (R-CO), Yea Salazar (D-CO), Nay
Connecticut: Dodd (D-CT), Nay Lieberman (ID-CT), Yea
Delaware: Biden (D-DE), Nay Carper (D-DE), Nay
Florida: Martinez (R-FL), Yea Nelson (D-FL), Nay
Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
Kansas: Brownback (R-KS), Not Voting Roberts (R-KS), Yea
Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
Massachusetts: Kennedy (D-MA), Nay Kerry (D-MA), Nay
Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
Mississippi: Cochran (R-MS), Yea Lott (R-MS), Not Voting
Missouri: Bond (R-MO), Yea McCaskill (D-MO), Nay
Montana: Baucus (D-MT), Yea Tester (D-MT), Nay
Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
Nevada: Ensign (R-NV), Yea Reid (D-NV), Nay
New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
New Mexico: Bingaman (D-NM), Nay Domenici (R-NM), Yea
New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
North Dakota: Conrad (D-ND), Nay Dorgan (D-ND), Nay
Ohio: Brown (D-OH), Nay Voinovich (R-OH), Nay
Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
Pennsylvania: Casey (D-PA), Nay Specter (R-PA), Yea
Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
South Dakota: Johnson (D-SD), Not Voting Thune (R-SD), Yea
Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
Virginia: Warner (R-VA), Yea Webb (D-VA), Nay
Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
West Virginia: Byrd (D-WV), Not Voting Rockefeller (D-WV), Nay
Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Nay
Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea
That means we have lost around 2,40,000 unused visas. I heard that there is a total amount of 3,00,000 unused employment visas of the previous years due to the great efficiency of USCIS. Out of this 61,000 is kept apart for Schedule A nurses and PT's and the remaining 2,40,000 thousand would have been divided amoung employment catagories if the amendment had passed,clearing lot of our backloggs.
REMEMBER, THE RECAPTURE OF UNUSED VISAS IS ONE OF THE MOST IMPORTANT PRIORITIES OF CORE AND THE DOOR IS SLAMMED ON OUR FACES AGAIN BY HYPOCRITES LIKE HILARY AND CALIFORNIA SENATORS.
Its the high time we convince the senators who said NAYS. Lets start SOME KIND OF CAMPAIN aiming these guys. I am sure that core's hands are there behind this amendment. Well done IV. Don't get dissappointed, keep trying for Skill bill or for similar amendments. Its really unfortunate that we lost a very very big chance. Lets do something immediately.
Following is the text of amendment.
`(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:
``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.
``(II) The visas remaining from the total made available under subclause (I) shall be allocated equally among employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.
(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) by redesignating clause (vii) as clause (ix); and
(3) by inserting after clause (vi) the following:
``(vii) 65,000 in each of fiscal years 2004 through 2007;
``(viii) 115,000 in fiscal year 2008; and''.
Yea- YES
Nay- NO
Not- Absent from voting.
Obama was absent from voting- A clever diplomacy.
Hilary Clinton- Nay(double talk)
Senators from California- both no ( Big Surprise)
http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266
Text of the amemdment.
http://thomas.loc.gov/cgi-bin/query/F?r110:1:./temp/~r110xIKs1t:e32253:
Here is the Senators and their voting pattern.
Alabama: Sessions (R-AL), Nay Shelby (R-AL), Yea
Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
Arkansas: Lincoln (D-AR), Nay Pryor (D-AR), Nay
California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
Colorado: Allard (R-CO), Yea Salazar (D-CO), Nay
Connecticut: Dodd (D-CT), Nay Lieberman (ID-CT), Yea
Delaware: Biden (D-DE), Nay Carper (D-DE), Nay
Florida: Martinez (R-FL), Yea Nelson (D-FL), Nay
Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
Kansas: Brownback (R-KS), Not Voting Roberts (R-KS), Yea
Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
Massachusetts: Kennedy (D-MA), Nay Kerry (D-MA), Nay
Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
Mississippi: Cochran (R-MS), Yea Lott (R-MS), Not Voting
Missouri: Bond (R-MO), Yea McCaskill (D-MO), Nay
Montana: Baucus (D-MT), Yea Tester (D-MT), Nay
Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
Nevada: Ensign (R-NV), Yea Reid (D-NV), Nay
New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
New Mexico: Bingaman (D-NM), Nay Domenici (R-NM), Yea
New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
North Dakota: Conrad (D-ND), Nay Dorgan (D-ND), Nay
Ohio: Brown (D-OH), Nay Voinovich (R-OH), Nay
Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
Pennsylvania: Casey (D-PA), Nay Specter (R-PA), Yea
Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
South Dakota: Johnson (D-SD), Not Voting Thune (R-SD), Yea
Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
Virginia: Warner (R-VA), Yea Webb (D-VA), Nay
Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
West Virginia: Byrd (D-WV), Not Voting Rockefeller (D-WV), Nay
Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Nay
Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea
That means we have lost around 2,40,000 unused visas. I heard that there is a total amount of 3,00,000 unused employment visas of the previous years due to the great efficiency of USCIS. Out of this 61,000 is kept apart for Schedule A nurses and PT's and the remaining 2,40,000 thousand would have been divided amoung employment catagories if the amendment had passed,clearing lot of our backloggs.
REMEMBER, THE RECAPTURE OF UNUSED VISAS IS ONE OF THE MOST IMPORTANT PRIORITIES OF CORE AND THE DOOR IS SLAMMED ON OUR FACES AGAIN BY HYPOCRITES LIKE HILARY AND CALIFORNIA SENATORS.
Its the high time we convince the senators who said NAYS. Lets start SOME KIND OF CAMPAIN aiming these guys. I am sure that core's hands are there behind this amendment. Well done IV. Don't get dissappointed, keep trying for Skill bill or for similar amendments. Its really unfortunate that we lost a very very big chance. Lets do something immediately.
Following is the text of amendment.
`(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:
``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.
``(II) The visas remaining from the total made available under subclause (I) shall be allocated equally among employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.
(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) by redesignating clause (vii) as clause (ix); and
(3) by inserting after clause (vi) the following:
``(vii) 65,000 in each of fiscal years 2004 through 2007;
``(viii) 115,000 in fiscal year 2008; and''.
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americandesi
06-26 01:23 AM
So did you buy home theatre after filing 485 or before? Btw, I dont believe there is any relationship to income wrt visa status.
Exactly! I was trying to make sense to Mr. Arunmohan, who feels that without GC, he cannot spend/invest his money on a 57-60 inch LCD TV.
To answer your question, I purchased the Home theater after filing my I-485, which in no way influenced my decision.
Exactly! I was trying to make sense to Mr. Arunmohan, who feels that without GC, he cannot spend/invest his money on a 57-60 inch LCD TV.
To answer your question, I purchased the Home theater after filing my I-485, which in no way influenced my decision.
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harivenkat
08-12 11:37 AM
Just dont get what the senator is intending here ....
"The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a �consulting fee,� and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects."
Does this mean every H1b at MS, Apple invents ipod, iphone, USB etc.... and there is no similarity in the nature of work done by him compared to that coming from a consulting company at a client site..... he talks about products or technologies but what about services/speciality occupation using these products/technologies ... that is exactly what most of the IT sector does....
"The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations."
Not sure if senator is missing it or dodging it ....
"The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a �consulting fee,� and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects."
Does this mean every H1b at MS, Apple invents ipod, iphone, USB etc.... and there is no similarity in the nature of work done by him compared to that coming from a consulting company at a client site..... he talks about products or technologies but what about services/speciality occupation using these products/technologies ... that is exactly what most of the IT sector does....
"The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations."
Not sure if senator is missing it or dodging it ....
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485Mbe4001
08-13 04:22 PM
We have a one month window to push for HR 5882, let us focus on that. if it doesnt work then we have no hope. at this rate EB3 will not even move 6 months per year. In retrospect every minor gain for the EB community has had major implications to EB 3 and the backlog as a whole (just venting a bit, dont want to drag it into a big discussion). I remember last year there were many who were saying 'now that we have EAD and AP we are good', this year many will realize the additional pain of renewals and waiting.
Oh's site mentions the following (per country limit is both family and EB based)
"The numerical limits for FY-2008 are as follows: (a) Worldwide Family-sponsored preference limit: 226,000, (b) Worldwide Employment-based preference limit: 162,704. Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
"
Oh's site mentions the following (per country limit is both family and EB based)
"The numerical limits for FY-2008 are as follows: (a) Worldwide Family-sponsored preference limit: 226,000, (b) Worldwide Employment-based preference limit: 162,704. Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
"
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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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ash0210
06-02 05:24 PM
As per USCIS, childrens are aged out after they becomes 21 and their I-485 could be rejected.
However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.
In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.
Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.
Pl be advised to consult your immigration lawyer...
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.
In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.
Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.
Pl be advised to consult your immigration lawyer...
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
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Libra
09-10 04:32 PM
thank you krispal
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needhelp!
09-11 10:25 AM
amit1234
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sandiboy
08-02 04:01 PM
This is from my lawyer:
Where is my application for adjustment of status filed?
All employment based adjustment of status applications are filed at the Nebraska Service Center (NSC). The NSC will keep half of the cases it receives and send half to the Texas Service Center . There is no way of indicating which Service Center you want your case adjudicated at. Once the receipt notices are received you will know where your case is pending. All family based adjustment of status applications are filed at the National Benefits Center.
Where is my application for adjustment of status filed?
All employment based adjustment of status applications are filed at the Nebraska Service Center (NSC). The NSC will keep half of the cases it receives and send half to the Texas Service Center . There is no way of indicating which Service Center you want your case adjudicated at. Once the receipt notices are received you will know where your case is pending. All family based adjustment of status applications are filed at the National Benefits Center.
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willwin
09-12 10:49 AM
Let us continue a debate on
a) Pros of this idea
b) Cons of this idea
c) Alternative we might have.
Also, please do not get emotionally attach to an idea let democratically select that is best for the community.
Please limit to those ideas that are executable and within the bounds of law.
In my opinion, we should do this:
Just send two information to USCIS, DOS, President, VP, First Lady and all Congress person of the following:
1. 1st info should have a photocopy of our degree certificate(s). On the same page, print your expereince in years and total tax paid till date to the US government.
2. On a fresh page, type in all the H1B/L VISA approval information and type in bold, we were wanted/invited here legally (and admitted via H1/L).
And, mention that our I140 is approved which means the immigration department has validated our eligibility to become PR.
Ask a question (larger font) on the same page, why keep us on limbo?
This would keep the whole thing short and sweet. We are explicitly saying that we are legals. And we were invited here - legally. We are approved by immigration team to be a PR.
If we could send couple of thousands of letters, I am sure it would have impact as much as any other letter we have in mind.
We are not humiliating them, we are just expressing our frustrations but in mass. May be we can say something like, "Legal Techie slaves in the land of liberty" or "Immigration process that enslave Legal Techies". But, we should keep it short.
As always, ignore this idea if you guys dont like it.
a) Pros of this idea
b) Cons of this idea
c) Alternative we might have.
Also, please do not get emotionally attach to an idea let democratically select that is best for the community.
Please limit to those ideas that are executable and within the bounds of law.
In my opinion, we should do this:
Just send two information to USCIS, DOS, President, VP, First Lady and all Congress person of the following:
1. 1st info should have a photocopy of our degree certificate(s). On the same page, print your expereince in years and total tax paid till date to the US government.
2. On a fresh page, type in all the H1B/L VISA approval information and type in bold, we were wanted/invited here legally (and admitted via H1/L).
And, mention that our I140 is approved which means the immigration department has validated our eligibility to become PR.
Ask a question (larger font) on the same page, why keep us on limbo?
This would keep the whole thing short and sweet. We are explicitly saying that we are legals. And we were invited here - legally. We are approved by immigration team to be a PR.
If we could send couple of thousands of letters, I am sure it would have impact as much as any other letter we have in mind.
We are not humiliating them, we are just expressing our frustrations but in mass. May be we can say something like, "Legal Techie slaves in the land of liberty" or "Immigration process that enslave Legal Techies". But, we should keep it short.
As always, ignore this idea if you guys dont like it.
greenlight
06-10 05:57 PM
Your PD in EB3 for ROW will be back into track in October 2008 as its said in the current visa bulletin dated Jul 2008 for EB3 preference. So once it is back to current in October then the new visa numbers will be alloted. Then you will get your GC. So just wait till October to receive your GC confirmation.
Good Luck!!!
Thnk you, Vdlrao, and other members for response to my question. They were very encouraging. I am grateful to have this IV community to provide and seek support.
Good Luck!!!
Thnk you, Vdlrao, and other members for response to my question. They were very encouraging. I am grateful to have this IV community to provide and seek support.
agc2005
07-15 09:25 AM
Mailed my little contribution $10.
agc2005
agc2005
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