PD_Dec2002
06-02 10:12 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 :)
java_jaggu :
yes, we both are saying the same thing.
Thanks,
Jayant
------------------------------------------------------------------------
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 :)
java_jaggu :
yes, we both are saying the same thing.
Thanks,
Jayant
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gc28262
07-02 05:11 PM
My company got labor certification papers today after getting approved online on June-26-2007
PBEC,EB3, NON-RIR, PD MAY 2004
Labor certified online: June-26-2007
Received labor certification hardcopy: July-02-2007
PBEC,EB3, NON-RIR, PD MAY 2004
Labor certified online: June-26-2007
Received labor certification hardcopy: July-02-2007
bigboy007
06-02 03:21 PM
But all this applies to New cases right [dual intent option ]???? i still wish its after oct 2008 but as it reads it May 15 2007.
BTw where does it say H1B is not dual intent ?
BTw where does it say H1B is not dual intent ?
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ramus
07-18 09:33 PM
Very well said... I hope at least 50 % of member think like you do.. Then we will have strong IV..
I started off with a one time contribution many months ago, and then signed up for $20 monthly contributions.
Today, when I saw the action item for the new funding drive and that the recurring contribution request had gone up to $50, I couldn't initially bring my stingy self to changing my contribution from $20 to $50.
Then I asked myself, If I were offered a green card today, at an additional 'premium' fee (Besides the filing, attorney fees), how much would I be willing to pay? probably, $2, 3, 4, 5, or even upto $10000. That being the case why was I being a miser about spending $50 a month supporting a great organization like IV.
With that thought, I immediately went ahead and signed up for the $50 a month contribution and cancelled my old $20 subscription on Paypal.
I am single and don't have a family to support like most of you do, but this $50 a month will go a long way. We have seen IV get results. From what has gone on in the last few months, up until last night, we know that IV is the only organization that really works for our interest. Oh, Shusterman, ILW, Murthy might all be good attorneys but they don't push our interests like IV does.
With that, I would request all of you to join hands and work with IV in bringing a revolutionary change to the employment immigration system.
Thank you all, in advance.
20,000 members of which at least 15,000 are real (not non-immigrant trolls).
If all sign up for $50 a month, IV would generate $750,000 a month. That kind of money = serious lobbying efforts = we get our green cards well before it is time to retire
I started off with a one time contribution many months ago, and then signed up for $20 monthly contributions.
Today, when I saw the action item for the new funding drive and that the recurring contribution request had gone up to $50, I couldn't initially bring my stingy self to changing my contribution from $20 to $50.
Then I asked myself, If I were offered a green card today, at an additional 'premium' fee (Besides the filing, attorney fees), how much would I be willing to pay? probably, $2, 3, 4, 5, or even upto $10000. That being the case why was I being a miser about spending $50 a month supporting a great organization like IV.
With that thought, I immediately went ahead and signed up for the $50 a month contribution and cancelled my old $20 subscription on Paypal.
I am single and don't have a family to support like most of you do, but this $50 a month will go a long way. We have seen IV get results. From what has gone on in the last few months, up until last night, we know that IV is the only organization that really works for our interest. Oh, Shusterman, ILW, Murthy might all be good attorneys but they don't push our interests like IV does.
With that, I would request all of you to join hands and work with IV in bringing a revolutionary change to the employment immigration system.
Thank you all, in advance.
20,000 members of which at least 15,000 are real (not non-immigrant trolls).
If all sign up for $50 a month, IV would generate $750,000 a month. That kind of money = serious lobbying efforts = we get our green cards well before it is time to retire
more...
gcpadmavyuh
08-12 01:16 AM
This is too good to be true.. How could you apply in June if you are Eb3 with PD Sept 2006? The PD was'nt current in June. Also, how did your 140 get approved in less than a month? Premium Processing was'nt there in July...
I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
immig4me
09-02 08:29 AM
I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
You beat every one hands down... it shows your incredible character if you can look at the situation and find it funny....
Came in 2000
10 years and waiting
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
You beat every one hands down... it shows your incredible character if you can look at the situation and find it funny....
Came in 2000
10 years and waiting
more...
villamonte6100
04-02 01:57 PM
Villamonte,
Thanks for ur support and understanding. I think we better let these guys take a shot at what they are about to do. Immature and narrow minded is what they are and thats how they wanna be. Looks like they've been watching those Indian vigilante movies a lot and they think that they can get away with fighting a foreign Govt agency. They'll understand what we meant when they receive a cold shoulder from USCIS :D.
Peace out!
D-E-D
No worries mate. Just trying to help clear things but I get rebutted all the time and I'm sure they are misinterpreting me.
I have nothing against them and as part of IV, I am just voicing an opinion which they could reject politely.
Some of the comments on my comments are really harsh as if I am personally attacking them.
You are right, it will be tough to dig into an agency that does approve your status here.
They can do whatever they want and good luck to them.
BTW, I used to have several red dots before and I don't know why they changed it to green. They still have a block on one of my IP address.
Thanks for ur support and understanding. I think we better let these guys take a shot at what they are about to do. Immature and narrow minded is what they are and thats how they wanna be. Looks like they've been watching those Indian vigilante movies a lot and they think that they can get away with fighting a foreign Govt agency. They'll understand what we meant when they receive a cold shoulder from USCIS :D.
Peace out!
D-E-D
No worries mate. Just trying to help clear things but I get rebutted all the time and I'm sure they are misinterpreting me.
I have nothing against them and as part of IV, I am just voicing an opinion which they could reject politely.
Some of the comments on my comments are really harsh as if I am personally attacking them.
You are right, it will be tough to dig into an agency that does approve your status here.
They can do whatever they want and good luck to them.
BTW, I used to have several red dots before and I don't know why they changed it to green. They still have a block on one of my IP address.
2010 Mercedes Benz SLK 200
rockstart
06-25 02:32 PM
I have no problems working for millionaires and billionaires but because of government apathy most of the big corporations are scared of hiring people on H1B ( to be specific on their own h1b) When I went to school in Kentucky which is not very industrialized state we had Toyota, Lexmark as top companies in our area but both did not want to sponsor H1B. The only way you can work with them is by joining some small time consulting firm and working as contractor. Else these guys just outsource their development to TCS/ Wipro folks. So the billionaire business man gets hsi work done from offshore place and qualified people start to move to IT jobs and code in java or dotnet.
And then you lose your libido :). Agreed�. With the delay you lose the golden period in your career and end up at a lower level. Most of the self made millionaires rockstarted young when they had the drive and desire. I still say America gains more than what they lose by delaying GC process. If they hand out GCs faster then who will work for those millionaires and billionaires?.
And then you lose your libido :). Agreed�. With the delay you lose the golden period in your career and end up at a lower level. Most of the self made millionaires rockstarted young when they had the drive and desire. I still say America gains more than what they lose by delaying GC process. If they hand out GCs faster then who will work for those millionaires and billionaires?.
more...
texcan
09-12 10:13 PM
I was hoping to get people to start their monthly contribution, but it seems people are more inclined to make one time contribution. So I have added this to the start of the thread.
>>For every $100 one time contribution by first time contributors I will match $25.00. <<
So people with their fingers on the trigger, who don't want to commit long term, here is your chance. Please allow me to help you squeeze the trigger and fire your first shot.
I already have Struggle and green_world. Just need 2 new first time $100 contributors to make my next $100 contribution.
Committments in life do make people nervous, but in this case i am surprised
what else will it take.
Come on guys, this is best deal of century. Make some contribution.
Once again, Great going Milind
Hats off to you friend.
>>For every $100 one time contribution by first time contributors I will match $25.00. <<
So people with their fingers on the trigger, who don't want to commit long term, here is your chance. Please allow me to help you squeeze the trigger and fire your first shot.
I already have Struggle and green_world. Just need 2 new first time $100 contributors to make my next $100 contribution.
Committments in life do make people nervous, but in this case i am surprised
what else will it take.
Come on guys, this is best deal of century. Make some contribution.
Once again, Great going Milind
Hats off to you friend.
hair Mercedes-Benz SLK200
ronhira
08-13 09:26 AM
"08/12/2010: Wow, That Is Fast. H.R. 6080 Presented to President Today, and President to Sign 08/13/2010, Friday
* As soon as the Senate passed the bill, the Congress quickly cleared for White House and has already been presented to the President. Since it passed during the special session, everything had to be cleared out of the Congress quickly, I guess. USCIS must be busy to get ready for processing and collecting increased fees from these employers soon. The new filing fees will be a huge amount, especially when they decide to file a premium processing request. Can you imagine how much these employers will lose for a single case if the case is filed on premium and denied!! Ouch!
* The new fees will take effect tomorrow since the President is scheduled to sign it into law at 11:00 a.m. EST, tomorrow. "
- The OH Law
wondering if its time to leave....
agree..... these new filing fees is a huge amount.... it would have been so good to let immigration lawyers make all this money..... better off.... senate should have passed a bill that immigration lawyers r doing public service & their fee should be increased by $2000....
* As soon as the Senate passed the bill, the Congress quickly cleared for White House and has already been presented to the President. Since it passed during the special session, everything had to be cleared out of the Congress quickly, I guess. USCIS must be busy to get ready for processing and collecting increased fees from these employers soon. The new filing fees will be a huge amount, especially when they decide to file a premium processing request. Can you imagine how much these employers will lose for a single case if the case is filed on premium and denied!! Ouch!
* The new fees will take effect tomorrow since the President is scheduled to sign it into law at 11:00 a.m. EST, tomorrow. "
- The OH Law
wondering if its time to leave....
agree..... these new filing fees is a huge amount.... it would have been so good to let immigration lawyers make all this money..... better off.... senate should have passed a bill that immigration lawyers r doing public service & their fee should be increased by $2000....
more...
conundrum
04-30 03:17 PM
the chair person has just asked the best question of the day, about EB2 person having to wait even though the DOL has approved their case
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JazzByTheBay
12-15 06:32 PM
Wishful thinking aside - realistically speaking, it's zilch. As USCIS seems to have predicted, even with spillover implemented the PD isn't moving to 2006 any time soon.
jazz
What are the chances for the PD moving to Mid 2007 by end of 2010 ? :(
jazz
What are the chances for the PD moving to Mid 2007 by end of 2010 ? :(
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andy007
07-05 10:56 AM
Bill Clinton & Hillary Clinton is coming to TANA in Washington.. i am from bay area.. i know lot of people are going this.. please take a print out and talk personally, explain our problems.. Please Thanks
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h1techSlave
04-17 10:37 AM
Thank you Mr. Hammer.
My question was about H4 + 485 pending? Then what is the status? I have earlier given EAD, but they did not accept that. I am submitting 485 receipt with A#. Let me see how it goes.
EAD is not a visa status. It is an employment authorization document. Of course they will not accept it in lieu of H-1B.
What you need to do is show them the receipt of your I-485 application with the A#.
In my case too he asked me if I was on EAD and I said yes. He said that I should then give him a copy of I-485 receipt. However, since I also maintain H-1B visa, I just gave him that.
My question was about H4 + 485 pending? Then what is the status? I have earlier given EAD, but they did not accept that. I am submitting 485 receipt with A#. Let me see how it goes.
EAD is not a visa status. It is an employment authorization document. Of course they will not accept it in lieu of H-1B.
What you need to do is show them the receipt of your I-485 application with the A#.
In my case too he asked me if I was on EAD and I said yes. He said that I should then give him a copy of I-485 receipt. However, since I also maintain H-1B visa, I just gave him that.
more...
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kevinkris
01-03 08:42 PM
Applied Aug 13th.. FP done.. EAD cards came.. no AP yet..:mad:
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jonty_11
07-06 01:55 PM
we are indeed a bunch of smart people..I wonder why we cannot achieve more..
please contribute and participat ein Media Drive.
please contribute and participat ein Media Drive.
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reddymjm
09-10 09:39 AM
The greatness of USCIS is unbelievable!!!!!
When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.
So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!
Such a BS to deal with all because of USCIS' GRACE!!!!
They most of the approvals are of US Master degree and above as it is straight fwd EB2 no need to verify skill set etc..
When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.
So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!
Such a BS to deal with all because of USCIS' GRACE!!!!
They most of the approvals are of US Master degree and above as it is straight fwd EB2 no need to verify skill set etc..
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abhijitp
07-20 05:02 PM
I too missed this initially... thanks for bumping up. We need to call/ write to the pro-immigrant senators.
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techskill
09-10 02:09 PM
I think they advanced the dates to 2006 not to approve the cases but to collect new applications with the new fees.They approved couple of cases only to show that they r working on old cases (2006 which is old for them or however they interpret).
AllVNeedGcPc
04-02 05:04 PM
@gene77: Can you share what the RFE was about?
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
MDix
03-10 11:23 AM
This is turning out to be TRUE.
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
I am expecting lot of REDs on this one.
Thanks,
MDix
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn’t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
I am expecting lot of REDs on this one.
Thanks,
MDix
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn’t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
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