gunabcd
06-28 03:57 PM
This is not good. My PERM labor is stuck in Atlanta, I was hoping to apply I-140 pp since my 6th year H1 is expiring Dec, 07. If I can get my I-140 approved then I'll have to leave.
1. If your labor was filed in Nov 06 or earlier then you can file for 7th year extension (based on rule that labor pending for more than 365 days)
2. I'm not 100% sure but i think when your labor is approved if PDs are current, you can file i-140, 485, EAD together and get EAD by before your visa expires and you would be fine.
3. Labor substitution will not be allowed after July 17th, and there are a lot approved labors whose beneficiaries have left the company. Employers are willing to use these labors for whatever they get (excuse me!). If you really want to stay in US, find an approved labor with PD older than Nov 06 and then file I140/485/EAD, if you don't get EAD by Dec 07 then file 7th year ext based on the GC pending more than 365 days. Hurry up for labor..
1. If your labor was filed in Nov 06 or earlier then you can file for 7th year extension (based on rule that labor pending for more than 365 days)
2. I'm not 100% sure but i think when your labor is approved if PDs are current, you can file i-140, 485, EAD together and get EAD by before your visa expires and you would be fine.
3. Labor substitution will not be allowed after July 17th, and there are a lot approved labors whose beneficiaries have left the company. Employers are willing to use these labors for whatever they get (excuse me!). If you really want to stay in US, find an approved labor with PD older than Nov 06 and then file I140/485/EAD, if you don't get EAD by Dec 07 then file 7th year ext based on the GC pending more than 365 days. Hurry up for labor..
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lacrossegc
01-14 01:34 PM
It appears form the wording in the text that, anyone who has maintained a continuous stay for at least 5 years preceding and up to the date of enactment of this bill, gets to apply for AOS and be granted permanent residence.
so with respect to EB folks, this provides GC aspirants (with 5 year stay) an immediate relief. The total quota numbers are not modified. Everything stays as is. This appears to be a one time relief to free up the choke in the system (at least for EB).
thanks,
slowwin
I wonder how it would work for existing AOS applicants. The existing applicants have already applied under the INA c9 subsections. The text of the current bill states that the applicant needs to apply under this bill's section to adjust status, similar to 245i. Now if this means reapplying under this section, that would mean another flood of applicants. Obviously with such a deluge, you wouldnt need a quota, the CIS system itself will take years to sort out the applicants.
so with respect to EB folks, this provides GC aspirants (with 5 year stay) an immediate relief. The total quota numbers are not modified. Everything stays as is. This appears to be a one time relief to free up the choke in the system (at least for EB).
thanks,
slowwin
I wonder how it would work for existing AOS applicants. The existing applicants have already applied under the INA c9 subsections. The text of the current bill states that the applicant needs to apply under this bill's section to adjust status, similar to 245i. Now if this means reapplying under this section, that would mean another flood of applicants. Obviously with such a deluge, you wouldnt need a quota, the CIS system itself will take years to sort out the applicants.
aadimanav
07-14 04:20 PM
I have just sent an email to Senator Dianne Feinstein.
2011 PARA COLORIR E IMPRIMIR
sanju
02-23 04:44 PM
allow me to illustrate my point
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GCVivek
04-20 02:33 PM
This is not to put you down but to help you. How long have you been in the US? If more than 1 year, I would suggest taking a course to improve your written and spoken English. It is way too bad. :o and will help you in the long run in case your Eb3 gets approved and you stay as PR in the USA.
2 year back my I-140 got rejected due to same reason 3+2 degree. I have 3 years Bsc in Computer science and 2 years Master of Computer Mgmt. They raise the question on 3 year Bachealor dagree. My lawyer send the reply along with degree evaluation and we try to say my 3+2 equal to 4+2 of USA and USCIS didn't buy this argument. after that lawyer told me that no hope in MTR or appeal. So we file again in Eb3.
Now i see based on your reply if have taken this approach in appeal then i might have got approval in appeal.
2 year back my I-140 got rejected due to same reason 3+2 degree. I have 3 years Bsc in Computer science and 2 years Master of Computer Mgmt. They raise the question on 3 year Bachealor dagree. My lawyer send the reply along with degree evaluation and we try to say my 3+2 equal to 4+2 of USA and USCIS didn't buy this argument. after that lawyer told me that no hope in MTR or appeal. So we file again in Eb3.
Now i see based on your reply if have taken this approach in appeal then i might have got approval in appeal.
ragz4u
05-11 11:47 AM
I'll believe it when i see it.
I have heard and seen far too many such "stunts" and public displays to be excited just yet.
But it would be disastrous in terms of PR if even this fails. But like you, I would not hold my breath for this but am cautiously optimistic at the same time.
Also, please realize that any changes to the bill will meet absolute resistance from both sides. We will have to wait and see how many amendments are they planning on allowing.....
I have heard and seen far too many such "stunts" and public displays to be excited just yet.
But it would be disastrous in terms of PR if even this fails. But like you, I would not hold my breath for this but am cautiously optimistic at the same time.
Also, please realize that any changes to the bill will meet absolute resistance from both sides. We will have to wait and see how many amendments are they planning on allowing.....
more...
amitjoey
11-10 02:06 PM
It is not over till its over. Anything can happen, we have a lot of things going for us. The present congress wants to show that it is not a 'do nothing' congress. Our items can be a part of any appropriations or other bills. AILA is pushing big time for H1-B1 and EB Relief, so are other vested business interests. This is the last chance they get to get an increase in H1-B1 for this year(They probably are not so much interested in EB-relief), But we can piggyback on most bills dealing with H1-B1 increase, our provisions will be in there.
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pappu
05-27 08:32 AM
Dear Members,
We have worked hard in the last 4 years and have made some progress along the way Immigration Voice Achievements (http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47) But Most of us are still in the limbo of green card process and waiting in different stages. Some of us may have advanced to the I-485 stage and have a little more career flexibility but the hanging sword of uncertainty still looms over our heads.
Our angst, our insecurity:
Even with EAD and other options, lack of green card is lack of security and lack of certainty. You know it and you feel it every day. In order to find a permanent fix for the uncertainty, angst and insecurity and in order to snap out of the probationary lifestyle and career, we have to finish what we started over 4 years ago -- get the U.S. Congress to act on this problem and solve it once and for all.
Early effort wins:
The first agenda of next Congress will be immigration and we expect an immigration bill to be debated sometime in early 2011. However, it would be a big mistake to wait until that time to do something about that bill. Successful advocacy efforts are the ones that start early and introduce concepts and ideas into the debate before the legislators write their first draft. Once the committee hearings and debates begin, it is harder to get changes or fixes into a bill because it requires an amendment to the bill in a politically charged and heated atmosphere. Groups and organizations that wait until the last minute to influence members of congress often fail to achieve results. In order to succeed in next year's immigration bill, we have to begin talking to members of congress now. Remember, the advocacy efforts we did with lobby day and rally in Sept 2007 influenced congress to include our provisions in bipartisan bills introduced in Aug 2008. Legislative things take time.
How you can help:
You and help in two different ways:
Join the advocacy effort in DC on June 7th and 8th. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html) If you have never done this before, we encourage you to help us with this and join us. Immigration voice will arrange the logistics of setting up meetings and arranging the material for you to take to your Congressmen and Senators. We are expecting about 150 immigration voice members to gather in DC and participate in over 200 meetings with Congressmen and Senators.
Contributing Funds to help finance the effort (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html). You are most welcome to come to DC and join us but if your job demands are such that you cannot take two days off on June 7th and 8th, then you can still contribute to this effort by contributing financially to Immigration Voice. Many expenses tied to the travel of grassroots members from distant states is being expensed by Immigration Voice. So kindly contribute funds to this effort by clicking on this link. You have an obligation to yourself and your family to plant your career in this country once and for all. EAD and AP, if you have them, are not going to cut it. We are not there yet. And we have to finish together what we started together.
Thank you.
Immigration Voice. (ImmigrationVoice.org - Home (http://www.immigrationvoice.org)).
We have worked hard in the last 4 years and have made some progress along the way Immigration Voice Achievements (http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47) But Most of us are still in the limbo of green card process and waiting in different stages. Some of us may have advanced to the I-485 stage and have a little more career flexibility but the hanging sword of uncertainty still looms over our heads.
Our angst, our insecurity:
Even with EAD and other options, lack of green card is lack of security and lack of certainty. You know it and you feel it every day. In order to find a permanent fix for the uncertainty, angst and insecurity and in order to snap out of the probationary lifestyle and career, we have to finish what we started over 4 years ago -- get the U.S. Congress to act on this problem and solve it once and for all.
Early effort wins:
The first agenda of next Congress will be immigration and we expect an immigration bill to be debated sometime in early 2011. However, it would be a big mistake to wait until that time to do something about that bill. Successful advocacy efforts are the ones that start early and introduce concepts and ideas into the debate before the legislators write their first draft. Once the committee hearings and debates begin, it is harder to get changes or fixes into a bill because it requires an amendment to the bill in a politically charged and heated atmosphere. Groups and organizations that wait until the last minute to influence members of congress often fail to achieve results. In order to succeed in next year's immigration bill, we have to begin talking to members of congress now. Remember, the advocacy efforts we did with lobby day and rally in Sept 2007 influenced congress to include our provisions in bipartisan bills introduced in Aug 2008. Legislative things take time.
How you can help:
You and help in two different ways:
Join the advocacy effort in DC on June 7th and 8th. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html) If you have never done this before, we encourage you to help us with this and join us. Immigration voice will arrange the logistics of setting up meetings and arranging the material for you to take to your Congressmen and Senators. We are expecting about 150 immigration voice members to gather in DC and participate in over 200 meetings with Congressmen and Senators.
Contributing Funds to help finance the effort (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html). You are most welcome to come to DC and join us but if your job demands are such that you cannot take two days off on June 7th and 8th, then you can still contribute to this effort by contributing financially to Immigration Voice. Many expenses tied to the travel of grassroots members from distant states is being expensed by Immigration Voice. So kindly contribute funds to this effort by clicking on this link. You have an obligation to yourself and your family to plant your career in this country once and for all. EAD and AP, if you have them, are not going to cut it. We are not there yet. And we have to finish together what we started together.
Thank you.
Immigration Voice. (ImmigrationVoice.org - Home (http://www.immigrationvoice.org)).
more...
webm
05-13 03:46 PM
One interesting point that came out of that recent hearing.
PD movement results in both 485 approvals + new 485 filings. CIS blames backlogs partly due to the policy that allows 485 filing whenever PDs are current. if PD movement results in 5 approvals, it also results in 10 new 485 filings and thus a backlog is built over which they have no control.
So in their opinion, PD movement should only control approvals & 485 filings should be controlled separately. If this happens, there would no backlogs and no one will ask them any questions or drag them to court for hearings!
I agree with you!!:)..
Question is when this can happen..a big Q to uscis..Obviously we know they dont respond it for such proper processing and fair justice..
PD movement results in both 485 approvals + new 485 filings. CIS blames backlogs partly due to the policy that allows 485 filing whenever PDs are current. if PD movement results in 5 approvals, it also results in 10 new 485 filings and thus a backlog is built over which they have no control.
So in their opinion, PD movement should only control approvals & 485 filings should be controlled separately. If this happens, there would no backlogs and no one will ask them any questions or drag them to court for hearings!
I agree with you!!:)..
Question is when this can happen..a big Q to uscis..Obviously we know they dont respond it for such proper processing and fair justice..
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gc_waiter56
07-06 12:22 PM
Whether your application reached USCIS on july 2 or July 10, it will get rejected bacause the notifictaion issued by USCIS says that any application recd from July2 onwards will be rejected. If they had any intention of accepting july2 applications then, they would have made July 3 as the effective date.
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coolvigo
05-02 12:51 AM
don't we have our own country already?:D
I am sure Indian politicians will sell India, if we collect enough money. Everything is possible with India.
I am sure Indian politicians will sell India, if we collect enough money. Everything is possible with India.
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lazycis
12-31 02:24 PM
Thats just too much bull for one day. Just when I thought that it was enough for 2008, you drop this bomb called "God's protection over this land" and made me read those illogical ideas. So this is what I have to say -
Can you prove the existance of God? Who is God? Where does he/she live?
I find your ideas illogical, but I respect your opinion. Those who seek God will find Him.
If you deny facts, however, the facts do not change because of your opinion. People once believed that the Earth is flat.
You cannot deny that the American nation was found by those who where seeking religious freedom. Also read biographies of G. Washington, A. Lincoln, J. Adams and other founding fathers. They were sincere believers. I cannot explain America's greatness by simple luck. The founding fathers started builidng from scratch about 300 hundred years ago, far behind Europe and Asia. Now the US is the richest country in the world, despite the fact that it's neither the biggest nor the most populous.
As for your questions, I cannot prove that God exist, just like you cannot prove that He does not. Either way, it's a belief. I chose to believe in God.
God is the omnipresent, omni powerful spirit who fills the universe. If you want to know more, just ask.
Can you prove the existance of God? Who is God? Where does he/she live?
I find your ideas illogical, but I respect your opinion. Those who seek God will find Him.
If you deny facts, however, the facts do not change because of your opinion. People once believed that the Earth is flat.
You cannot deny that the American nation was found by those who where seeking religious freedom. Also read biographies of G. Washington, A. Lincoln, J. Adams and other founding fathers. They were sincere believers. I cannot explain America's greatness by simple luck. The founding fathers started builidng from scratch about 300 hundred years ago, far behind Europe and Asia. Now the US is the richest country in the world, despite the fact that it's neither the biggest nor the most populous.
As for your questions, I cannot prove that God exist, just like you cannot prove that He does not. Either way, it's a belief. I chose to believe in God.
God is the omnipresent, omni powerful spirit who fills the universe. If you want to know more, just ask.
more...
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DSLStart
08-23 01:10 PM
Your case is a low hanging ripe fruit for them. Keep your fingers crossed in Sept.
Folks..
I have seen lots of posts about pre-adjudication..how do we know if any case has been pre-adjudicated or not?...recently i got an RFE on my spouse case for Marriage Certificate and Birth certificate bonafide..there is no RFE on my case and had an FP done on 08/11/2009 second time and noticed soft LUD on my case on the day of FP...dose this means they are working on my case...:confused::confused:
Folks..
I have seen lots of posts about pre-adjudication..how do we know if any case has been pre-adjudicated or not?...recently i got an RFE on my spouse case for Marriage Certificate and Birth certificate bonafide..there is no RFE on my case and had an FP done on 08/11/2009 second time and noticed soft LUD on my case on the day of FP...dose this means they are working on my case...:confused::confused:
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natrajs
08-25 01:11 PM
And they say why Albert Pinto "Plassey" is an angry man?
My current H1 is expiring soon. My 3 year H1 extension is pending. I had receipt notice but NJ DMV at Wayne refused to accept that. My current License is valid only till the middle of the next month.
Any body in the same boat? What shall I do?
My friend was in a similar situation last yr, He took his all his documents to Trenton DMV and they have given him 90 days extension.
Try that, Good Luck
Other Option is convert your H1 Extension to premium and get the approval before your H1 expiration date
My current H1 is expiring soon. My 3 year H1 extension is pending. I had receipt notice but NJ DMV at Wayne refused to accept that. My current License is valid only till the middle of the next month.
Any body in the same boat? What shall I do?
My friend was in a similar situation last yr, He took his all his documents to Trenton DMV and they have given him 90 days extension.
Try that, Good Luck
Other Option is convert your H1 Extension to premium and get the approval before your H1 expiration date
more...
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apt7
05-24 01:51 PM
If such a bill is implemented we all should knock the doors of judiciary department. Each is department is independent of itself.
Bad for consulting companies (no H1B; may lose job)
Bad for physicians (no H1B for medical residents; no provisions for NIW...terrible)
Bad for H1b transfers and extensions (severe restrictive provisions on H1B)
AC 21 repealed (disastrous)
Bad for pending I 140 .... left in limbo
Bad for pending LC .... left in complete limbo
Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers
This bill is a massive attack on us; we should put all our efforts to oppose and kill the bill. There is little chance that we can get amendments to reverse the potential damage that this bill can do... that is disaster for us.
Bad for consulting companies (no H1B; may lose job)
Bad for physicians (no H1B for medical residents; no provisions for NIW...terrible)
Bad for H1b transfers and extensions (severe restrictive provisions on H1B)
AC 21 repealed (disastrous)
Bad for pending I 140 .... left in limbo
Bad for pending LC .... left in complete limbo
Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers
This bill is a massive attack on us; we should put all our efforts to oppose and kill the bill. There is little chance that we can get amendments to reverse the potential damage that this bill can do... that is disaster for us.
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atlfp
04-26 08:35 AM
Nicely done
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WithoutGCAmigo
06-18 10:52 AM
Can't believe this happening
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hebbar77
05-02 07:31 PM
Dude, you need to be street smart to succeed anywhere. You brag about being from upper middle class but what has that given you here?.. Don't bring up the topic of reservation again, but concentrate on immigration issues.
People here are waiting for years. your's is a recent case, I think it is better for you to start packing. If you are down south, I personally will come to see you off...
Thanks sir, if I need ur advise I will contact you.
People here are waiting for years. your's is a recent case, I think it is better for you to start packing. If you are down south, I personally will come to see you off...
Thanks sir, if I need ur advise I will contact you.
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morchu
08-15 07:52 PM
When you use AC21, you mention a new employer, and that is the employer you "intent" to be employed for an infinite period of time, after getting your GC.
[QUOTE=Slowhand;147322]
If you already used AC21 then? how would you explain to IO. I think what matters is your explanation and there should be no reason for denial of citizenship if you are able to explain.
cheers
[QUOTE=Slowhand;147322]
If you already used AC21 then? how would you explain to IO. I think what matters is your explanation and there should be no reason for denial of citizenship if you are able to explain.
cheers
kalia
06-13 05:06 PM
Hey bkarnik,
As the report said that there is a possibility that there will be a loss of 40k visas. My question to you is What will be the I485 processing date in the Visa Bulletin if we assume that 40k visas are not loss by the agency. You guess estimate is also fine.
As the report said that there is a possibility that there will be a loss of 40k visas. My question to you is What will be the I485 processing date in the Visa Bulletin if we assume that 40k visas are not loss by the agency. You guess estimate is also fine.
realizeit
05-26 04:27 PM
Salient features of Bill: S.1085
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
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