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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TexDBoy
06-10 12:58 PM
USCIS to Issue Two-Year EAD for I-485 Waiters at End of June 2008
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."
Tank you so much for the news ....
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."
Tank you so much for the news ....
dilbert_cal
03-14 01:40 AM
Sorry - put in the wrong thread.
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hibworker
12-10 06:57 PM
I was single at that july 07 fiasco, now repenting.wife cannot work. no tunnel, no light.
What are you repenting? That you were not married in July 07 ... well that's not your 'sin' or is it?
What are you repenting? That you were not married in July 07 ... well that's not your 'sin' or is it?
more...
coopheal
07-05 01:41 PM
I contacted WI senators office and told about the visa bulletin changes.
Also called WPR to highlight the injustice done to legal immigrants by changing the visa bulletin on the day USCIS was supposed accept the I-485.
Also called WPR to highlight the injustice done to legal immigrants by changing the visa bulletin on the day USCIS was supposed accept the I-485.
Milind123
09-17 11:49 AM
It is not my intention to make anyone feel guilty. Taking you there doesn�t solve my purpose. It is very momentary and there is a sense of regret for both of us, if this happens. You will repent for pulling the trigger and I will repent for not trying hard enough to make you see things the way I see it.
more...
lengthylabor
03-04 12:31 PM
related.... my PD is no where near current.... but got an email for RFE on dependent application yesterday.....
gcformeornot,
Is your application with NSC or TSC ?
gcformeornot,
Is your application with NSC or TSC ?
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for_gc
12-26 02:53 PM
Not sure good or bad. but this is sure some news.
more...
skv
08-12 05:32 PM
Will do the same Diptam and Lonedesi! If employer asks us later : why did you send the letter, we can address it at that time.
We have to take risk, we if want to some progess our I-140 cases.
Good night and see you later.
We have to take risk, we if want to some progess our I-140 cases.
Good night and see you later.
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leo2606
08-12 12:59 PM
I don't think so, all centers which handle 485s will look at the application delivered date as the the RD.
I was asking this because some agencies consider the post marked date as the date the appllication was filed. But thanks for the response
I was asking this because some agencies consider the post marked date as the date the appllication was filed. But thanks for the response
more...
sajikg
02-04 12:19 AM
I am from Tennessee..My labor PD is July 2002(regular), was forwarded to Phylly from atlanta regional after recruitement was done. got 45 day letter in feb of 2005. I haven't heard from them since. anyone in the same boat with similar Priority dates?
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sc3
07-20 05:03 PM
Hilary and Obama said NO to Legal Immigration...
MCcain said YES...
Choice is yours..
THINK before you vote...
First you need to think if you are allowed to vote! .. But I like your thinking, get everyone to vote --which is a Federal crime -- and that makes all of them who voted ineligible for GC, and the backlog problem is solved.
We need more people like you.
MCcain said YES...
Choice is yours..
THINK before you vote...
First you need to think if you are allowed to vote! .. But I like your thinking, get everyone to vote --which is a Federal crime -- and that makes all of them who voted ineligible for GC, and the backlog problem is solved.
We need more people like you.
more...
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yabadaba
08-08 04:02 PM
please guys just write as many as you can...as i pm'ed pappu...my piece was touchy feely, because i wanted it that way. He suggested some additions to add contributions of immigrants/details of retrogression but I declined cos i felt the touchy feeliness (so to speak) would be diluted.
the more number of op/eds we have, the more they can have an ongoing set of articles that can flow to the news media. Momentum!
the more number of op/eds we have, the more they can have an ongoing set of articles that can flow to the news media. Momentum!
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Green.Tech
06-17 01:05 PM
Do I hear a contribution coming?
more...
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blackberry
07-05 03:03 PM
Sent email to GA senators.
http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=GA
--
BB
http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=GA
--
BB
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lonedesi
08-11 12:56 PM
Hi All
I am sorry if I post this in wrong place. I dont know how my EB2 I140 approved in 2 months.did any body get approved like this?
Congrats. You are one of those lucky ones. Be thankful to USCIS that you got your I-140 approved so fast.
I am sorry if I post this in wrong place. I dont know how my EB2 I140 approved in 2 months.did any body get approved like this?
Congrats. You are one of those lucky ones. Be thankful to USCIS that you got your I-140 approved so fast.
more...
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gc_kaavaali
09-01 11:16 AM
Arrived Aug 2002. Got GC last month. I would suggest people to file for GC as early as possible. Do not change employers for money (unless unless it is really really really necessary) until u get GC.
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helmet
10-21 05:15 PM
i think AC21 is a law passed by congress. So no matter how it is but it has to be followed by USCIS.
Now a days USCIS staff doen't have correct knowledge about AC21 so with out understanding they are rejecting.
Initially I got my H1 extension only for 1 year even though my 140 is approved and 485 filed. Then i fought to USCIS and showed the pdf doc from AC21 which states that they have to issues 3yrs extension.
Then they issued for 3yrs.
It is all lack of knowledge abt AC21.
Now a days USCIS staff doen't have correct knowledge about AC21 so with out understanding they are rejecting.
Initially I got my H1 extension only for 1 year even though my 140 is approved and 485 filed. Then i fought to USCIS and showed the pdf doc from AC21 which states that they have to issues 3yrs extension.
Then they issued for 3yrs.
It is all lack of knowledge abt AC21.
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DDLMODES
07-06 10:53 AM
OK can u explain how this info can be used against us...what the heck did we do?
We did not do anything but we are in the middle of it as future applicants thay will go through the same process.
If they decide that this process is a threat to security because they do not check people good enough how would that help us in any way ?
You know that's all they will care about in this whole process, right ? Once the public and the press gets that idea, is only downhill from there...
:(
We did not do anything but we are in the middle of it as future applicants thay will go through the same process.
If they decide that this process is a threat to security because they do not check people good enough how would that help us in any way ?
You know that's all they will care about in this whole process, right ? Once the public and the press gets that idea, is only downhill from there...
:(
ahaadi
03-04 05:03 PM
Don't know what it means :) but my priority date is Aug 2006.
Thanks.
Any one else with recent RFEs/LUDs on their I-485 ? Pl post.
Thanks.
Any one else with recent RFEs/LUDs on their I-485 ? Pl post.
gc_chahiye
06-08 01:43 PM
Hello,
My Labor was certified this week from PBEC. My PD is Mar '05. Is Premium filing for I-141 advised?
If you are in EB2, then might as well go for PP for the I-140. Regular at Nebraska is taking 8 months. Given the way dates move erratically, if you get current in the next couple of months (I hope you do, mine is the same PD) you wont have I-140 to worry about, you'll be all set.
My Labor was certified this week from PBEC. My PD is Mar '05. Is Premium filing for I-141 advised?
If you are in EB2, then might as well go for PP for the I-140. Regular at Nebraska is taking 8 months. Given the way dates move erratically, if you get current in the next couple of months (I hope you do, mine is the same PD) you wont have I-140 to worry about, you'll be all set.
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