GoneSouth
06-01 06:35 PM
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
wallpaper London Cast of Hairspray
sundevil
03-13 02:25 PM
We were getting ready to file 140 but never did. This is(or was) at the time top 5 market cap tech company, so I doubt they went out to make money on it. Its not Software related either and harder to match people to my LC. I was so close yet so far, in those days would have got my GC in less than a year after that point. 3 more LCs and 3 140s including one NIW, I am stuck here now.
You could say Murphy's law aptly applies to my immigration :)
"Everything that can Go Wrong will go wrong" and it did.
You can use that priority date if I140 was filed for you based on that and approved. Was I140 filed for you ? Or you just abandoned it while labor was pending ?? If the later, your employer must have made money when labor substitution was allowed :) (Making a BIG assumption here )
You could say Murphy's law aptly applies to my immigration :)
"Everything that can Go Wrong will go wrong" and it did.
You can use that priority date if I140 was filed for you based on that and approved. Was I140 filed for you ? Or you just abandoned it while labor was pending ?? If the later, your employer must have made money when labor substitution was allowed :) (Making a BIG assumption here )
diptam
08-11 03:14 PM
ssss,
I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.
Would you mind if i ask you when you've seen the LUD change before approval ?
Thanks for your time !
I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters
I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.
Would you mind if i ask you when you've seen the LUD change before approval ?
Thanks for your time !
I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters
2011 Hairspray- musical (2007)
ANGEL
07-31 12:46 AM
Icedgin,
thank you for thinking of me too.i hope whatever it is will work on our benefit.i will let you know too once i bump into something exciting.
angel
thank you for thinking of me too.i hope whatever it is will work on our benefit.i will let you know too once i bump into something exciting.
angel
more...
GCard_Dream
01-03 03:47 PM
May be we need to start a immigrationvoice.org in India as well to address these issues. :D
Seriously, I had never thought about these things, specially when you have a citizenship. There may be such a few number of people going back after getting US citizenship that it's probably not even considered an issue but worth a discussion.
As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
- if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
- if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?
Seriously, I had never thought about these things, specially when you have a citizenship. There may be such a few number of people going back after getting US citizenship that it's probably not even considered an issue but worth a discussion.
As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
- if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
- if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?
krishjack
03-26 07:38 PM
PD Sept 2003
45 days letter received/replied on March/23/2006
RIR EB3, filed in MD. Now in Philladelphia BEC
45 days letter received/replied on March/23/2006
RIR EB3, filed in MD. Now in Philladelphia BEC
more...
radhay
04-17 01:59 PM
I have closed on two mortgage loans recently and found that Loan Underwriters don't understand EAD/ AOS applications. For my original loan with Pulte Mortgage I explained them that AOS is a period authroized stay by Attorney General until Green card is approved. When they still didn't understand I had to bump my down payment to 20% which apparently puts less resrtictions (By Fannie Mae guidelines).
When I refinanced this week with PFCU (pentagan federal CU) I sent them EAD copies and they were OK with it.
When I refinanced this week with PFCU (pentagan federal CU) I sent them EAD copies and they were OK with it.
2010 Hairspray London - Without
svm
07-18 03:47 PM
Thanks for the reply!
more...
amslonewolf
08-13 05:27 PM
EB3 from June 2008 bulletin
All Charge-ability Areas -1-Mar-06
China - 22-Mar-03
India - 1-Nov-01
Mexico - 1-Jul-02
Philippines - 1-Mar-06
September 2008 bulletin -Comment
D. VISA AVAILABILITY FOR OCTOBER
The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
My take on this is that there might be some balancing act across the EB3-Sub categories. If you notice in the June 2008 dates, there is a huge discrepancy in the EB3- Sub categories.
For example, Philippines is 1-Mar-06 and India is 1-Nov-01.
Who knows, they might move back the EB3- Philippines/ROW and move forward (or leave it on 1-NOV-01) the EB3-India dates.. This is a possibility from the text of the September 2008 bulletin. So, it's not all gloom and doom for EB3 Categories..
All Charge-ability Areas -1-Mar-06
China - 22-Mar-03
India - 1-Nov-01
Mexico - 1-Jul-02
Philippines - 1-Mar-06
September 2008 bulletin -Comment
D. VISA AVAILABILITY FOR OCTOBER
The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
My take on this is that there might be some balancing act across the EB3-Sub categories. If you notice in the June 2008 dates, there is a huge discrepancy in the EB3- Sub categories.
For example, Philippines is 1-Mar-06 and India is 1-Nov-01.
Who knows, they might move back the EB3- Philippines/ROW and move forward (or leave it on 1-NOV-01) the EB3-India dates.. This is a possibility from the text of the September 2008 bulletin. So, it's not all gloom and doom for EB3 Categories..
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vselvam
12-17 06:26 PM
Instead of doing all of this, First, if we able to make every one just take one day off from work on the same day through out the USA and let our employers and the press knows that we are doing this to show about our issues. We do not need to go on rally. At least if we take off on the same day through out USA to make sure people understand about our issues and our sufferings. I am not sure how it will help. At least if we make it to be notified by the government, .press, our employers. and the public about our issues.
I am not sure it is possible and is it worth? any thoughts...
I am not sure it is possible and is it worth? any thoughts...
more...
gc_maine2
07-19 02:06 PM
Contributed $100 today, earlier contribution $50.
Order Details - Jul 19, 2007 2:28 PM EDT
Google Order #464374160968946
Order Details - Jul 19, 2007 2:28 PM EDT
Google Order #464374160968946
hot End musical Hairspray.
vengaiah
10-17 05:02 PM
fromcisombudsman <Cisombudsman@dhs.gov>
toVengi Mutthineni
dateFri, Oct 17, 2008 at 2:49 PM
subjectRE: Please consider the request
mailed-bydhs.gov
Thank you for your recent inquiry.
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
toVengi Mutthineni
dateFri, Oct 17, 2008 at 2:49 PM
subjectRE: Please consider the request
mailed-bydhs.gov
Thank you for your recent inquiry.
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
more...
house Hairspray premieres in London
san1007
12-26 10:48 PM
I filed the AP on July 25 and receipt date is Aug 26. Still didn't get the AP. Few of my friends applied after me got AP already. Don't know what is going on
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imm_pro
09-12 02:11 PM
Thanks IV...way to go.
Just made a modest contribution of $200.
Order Details - Sep 12, 2007 11:28 AM PDT
Google Order #313190031134013
Just made a modest contribution of $200.
Order Details - Sep 12, 2007 11:28 AM PDT
Google Order #313190031134013
more...
pictures of Hairspray The Musical
leoindiano
03-25 09:08 AM
Geogia comes under Philadelphia backlog center
Friends,
I have couple of questions...
My employer has filed my Labor from Georgia state...
So in which bpc my case should exists??
What is 45-days letter as I have read so many times in this forum??
My cas received date Oct 10 2004, is this Priority date??
I would appriciate proper answers
Thanks
Jsquare
Friends,
I have couple of questions...
My employer has filed my Labor from Georgia state...
So in which bpc my case should exists??
What is 45-days letter as I have read so many times in this forum??
My cas received date Oct 10 2004, is this Priority date??
I would appriciate proper answers
Thanks
Jsquare
dresses Hairspray musical
PBECVictim
05-18 06:15 PM
Jumbo loans are not getting approved for EAD status. Banks are rejecting Jumbo loans (> 417K) if your immigration status is EAD or AOS. I don't have any idea about normal loans (< 417K). But banks are giving Jumbo loans if the status is H-1B.
But noone is rejecting loan, if your down payment is 20% of the value of the home.
But noone is rejecting loan, if your down payment is 20% of the value of the home.
more...
makeup Hairspray, starring High
addsf345
11-21 02:49 PM
In addition to my above post, one can be on h1b and keep getting h1b extensions and apply for consular processing instead of AOS.
You know what, my head is going bananas. What you said makes sense too. May be it finally boils down to what IO thinks who is handling your case and LUCK!
You know what, my head is going bananas. What you said makes sense too. May be it finally boils down to what IO thinks who is handling your case and LUCK!
girlfriend Hairspray: the Musical.
badluck
07-24 02:33 PM
Are you talking about emplyment based or family based.. may be your wife sponsord you.. please clear.
hairstyles New Hairspray musical script
willwin
07-11 09:06 AM
dude..dont rain on our parade...everyone knows the harsh realities.. i myself said earlier that only half the battle is won...but the least we deserve is one day of hope.
Congrats EB2-I !!
I guess the intention of DOS was to enable Consular posts to approve as many EB2 cases as possible inorder to minimize VISA wastage. And also continue to enable USCIS to pick the low hanging fruits.
Otherwise, I dont think USCIS has cleared all pending cases with PD earlier than April 2004.
Yes, EB2 definitely deserves this moment and at the same time EB3 I does not deserve this 'coma' stage in their PD movement.
Congrats EB2-I !!
I guess the intention of DOS was to enable Consular posts to approve as many EB2 cases as possible inorder to minimize VISA wastage. And also continue to enable USCIS to pick the low hanging fruits.
Otherwise, I dont think USCIS has cleared all pending cases with PD earlier than April 2004.
Yes, EB2 definitely deserves this moment and at the same time EB3 I does not deserve this 'coma' stage in their PD movement.
julsun
01-12 04:29 PM
Hi,
I just wanted to find out if anybody received email feedback from USCIS once they opened SR with USCIS? Do they even provide any feedback on SR???
I created the SR to check the status of my AP on Jan 8th and have bot heard anything back yet.
Thanks,
______________________________________
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
I did open SR for my wife's AP a week back. USCIS emailed us asking for us to fax documentation in support for request for expedited processing of AP. We did that. Called up USCIS again on Friday and they said they are still working on (although it seems SRs are to be decided on within 5 days. Thats why customer service folks told us).
I just wanted to find out if anybody received email feedback from USCIS once they opened SR with USCIS? Do they even provide any feedback on SR???
I created the SR to check the status of my AP on Jan 8th and have bot heard anything back yet.
Thanks,
______________________________________
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
I did open SR for my wife's AP a week back. USCIS emailed us asking for us to fax documentation in support for request for expedited processing of AP. We did that. Called up USCIS again on Friday and they said they are still working on (although it seems SRs are to be decided on within 5 days. Thats why customer service folks told us).
arihant
03-13 12:26 PM
Here is a link to the following article:
http://www.govexec.com/story_page.cfm?articleid=33580&dcn=todaysnews
Looks like they have not come to the immigration issues yet.
Senate panel votes to double size of border force
By Michael Posner, CongressDaily
The Senate Judiciary Committee voted Thursday to add more border agents, investigators and fencing to stem rising illegal immigration as it worked its way through a major immigration reform bill.
In its third day of marking up the bill, the committee discussed nearly 30 amendments, approving a dozen of them by voice vote and postponing the rest for action next week.
In action during the day, the committee agreed to authorize over five years more than 10,000 new customs and border patrol agents, 1,000 investigators, and 1,250 port of entry inspectors. There was a dispute between Sen. Dianne Feinstein, D-Calif., principal author of the amendment to boost the number of border agents, and Sen. Jeff Sessions, R-Ala., over exactly how many border patrol agents would be added in addition to the 11,300 border agents now. Committee staff said they would have to resolve the exact numbers later.
In addition, the committee adopted also by voice an amendment by Sen. John Kyl, R-Ariz., to replace some existing fencing in Arizona and add more than 200 miles of barriers to improve border security in Arizona only. Sessions has said he planned to offer an amendment on the Senate floor to put up some 700 miles of fencing to block off some of the 2,000 miles of U.S. border with Mexico. The committee also agreed to an amendment by Sen. Edward Kennedy, D-Mass., for a study to study the feasibility of more fencing along the entire border.
The committee made more progress than it did Wednesday when only three relatively minor amendments were adopted after spending all day with many senators absent, preventing a voting quorum.
"We're on our way," said Committee Chairman Arlen Specter, R-Pa., Thursday. "We had a good session." Specter is trying to meet a target set by Senate Majority Leader Bill Frist, R-Tenn., to start debate on an immigration bill on March 27. Specter indicated yesterday it might not meet that goal because of the slow pace of deciding on amendments.
The committee is working its way through a 306-page draft proposed by Specter to beef up enforcement and deal with the estimated 11 million illegal aliens living in the United States by allowing qualified undocumented workers to continue working as a way to earn eventual citizenship. He also has proposed a separate guest worker program allowing foreigners to enter the country for up to six years to take jobs that cannot be filled.
Both provisions are highly controversial and are considered the heart of the bill but debate on those matters will not take place until next week at the earliest. The committee plans to work next Wednesday and Thursday on immigration.
The House passed a bill last year that deals mainly with enforcement and does not address the thorny guest worker issue.
In other amendments, the committee agreed to a Feinstein amendment to allow immigrants to stay in the United States if it was discovered their papers or passports were falsified. The immigrants would have to prove there was "a credible fear of prosecution" as the reason passports were forged to get out of countries with dictatorships.
A Sessions' plan was approved that would jail immigrants found to be illegal instead of releasing them pending immigration hearings. He argued many of those released never show up for immigration hearings and disappear. Sessions also won committee endorsement to make it a crime to run a vehicle past a customs checkpoint without stopping.
Three amendments by Sen. Charles Grassley, R-Iowa, met no opposition. One would require the Department of Homeland Security to make public foreign ownership of management operations that involve national security as a way to prevent officials being surprised by situations like the Dubai port management controversy.
A Grassley proposal to allocate more immigration investigators to inland states like Iowa won easy approval. So did one to make immigrants convicted of drunk driving one of the crimes subject to deportation.
An amendment by Sen. Sam Brownback, R-Kan., extending a law allowing foreign doctors to practice in mainly rural areas with physician shortages, also gained approval.
And an amendment by Sen. Tom Coburn, R-Okla., for expedited deportation instead of incarcerating convicted illegal immigrants was also accepted. Sen. John Cornyn, R-Tex., won approval of his proposal to bar violent criminals from sponsoring foreigners seeking entry into the United States.
http://www.govexec.com/story_page.cfm?articleid=33580&dcn=todaysnews
Looks like they have not come to the immigration issues yet.
Senate panel votes to double size of border force
By Michael Posner, CongressDaily
The Senate Judiciary Committee voted Thursday to add more border agents, investigators and fencing to stem rising illegal immigration as it worked its way through a major immigration reform bill.
In its third day of marking up the bill, the committee discussed nearly 30 amendments, approving a dozen of them by voice vote and postponing the rest for action next week.
In action during the day, the committee agreed to authorize over five years more than 10,000 new customs and border patrol agents, 1,000 investigators, and 1,250 port of entry inspectors. There was a dispute between Sen. Dianne Feinstein, D-Calif., principal author of the amendment to boost the number of border agents, and Sen. Jeff Sessions, R-Ala., over exactly how many border patrol agents would be added in addition to the 11,300 border agents now. Committee staff said they would have to resolve the exact numbers later.
In addition, the committee adopted also by voice an amendment by Sen. John Kyl, R-Ariz., to replace some existing fencing in Arizona and add more than 200 miles of barriers to improve border security in Arizona only. Sessions has said he planned to offer an amendment on the Senate floor to put up some 700 miles of fencing to block off some of the 2,000 miles of U.S. border with Mexico. The committee also agreed to an amendment by Sen. Edward Kennedy, D-Mass., for a study to study the feasibility of more fencing along the entire border.
The committee made more progress than it did Wednesday when only three relatively minor amendments were adopted after spending all day with many senators absent, preventing a voting quorum.
"We're on our way," said Committee Chairman Arlen Specter, R-Pa., Thursday. "We had a good session." Specter is trying to meet a target set by Senate Majority Leader Bill Frist, R-Tenn., to start debate on an immigration bill on March 27. Specter indicated yesterday it might not meet that goal because of the slow pace of deciding on amendments.
The committee is working its way through a 306-page draft proposed by Specter to beef up enforcement and deal with the estimated 11 million illegal aliens living in the United States by allowing qualified undocumented workers to continue working as a way to earn eventual citizenship. He also has proposed a separate guest worker program allowing foreigners to enter the country for up to six years to take jobs that cannot be filled.
Both provisions are highly controversial and are considered the heart of the bill but debate on those matters will not take place until next week at the earliest. The committee plans to work next Wednesday and Thursday on immigration.
The House passed a bill last year that deals mainly with enforcement and does not address the thorny guest worker issue.
In other amendments, the committee agreed to a Feinstein amendment to allow immigrants to stay in the United States if it was discovered their papers or passports were falsified. The immigrants would have to prove there was "a credible fear of prosecution" as the reason passports were forged to get out of countries with dictatorships.
A Sessions' plan was approved that would jail immigrants found to be illegal instead of releasing them pending immigration hearings. He argued many of those released never show up for immigration hearings and disappear. Sessions also won committee endorsement to make it a crime to run a vehicle past a customs checkpoint without stopping.
Three amendments by Sen. Charles Grassley, R-Iowa, met no opposition. One would require the Department of Homeland Security to make public foreign ownership of management operations that involve national security as a way to prevent officials being surprised by situations like the Dubai port management controversy.
A Grassley proposal to allocate more immigration investigators to inland states like Iowa won easy approval. So did one to make immigrants convicted of drunk driving one of the crimes subject to deportation.
An amendment by Sen. Sam Brownback, R-Kan., extending a law allowing foreign doctors to practice in mainly rural areas with physician shortages, also gained approval.
And an amendment by Sen. Tom Coburn, R-Okla., for expedited deportation instead of incarcerating convicted illegal immigrants was also accepted. Sen. John Cornyn, R-Tex., won approval of his proposal to bar violent criminals from sponsoring foreigners seeking entry into the United States.
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