Suva
07-18 02:17 PM
He is absolutely correct. 485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.
receipt date if your PD is current.
receipt date if your PD is current.
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Jimi_Hendrix
08-10 06:01 PM
When can we expect these Op-eds to be published? Will you be posting some kind of update here to let us know?
chanduv23
04-30 02:27 PM
The link got working again, but nothing is happening as of yet.
Is there audio?
Is there audio?
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pdakwala
03-08 01:07 PM
Why is that some people are getting access and some people are note getting access to the judiciary committee hearing on immigration
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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
paskal
07-11 12:16 PM
is there any way, any way in this whole freakin process, that we can get some sort of explanation for eb3-I first hand from DOS or USCIS? i mean there needs to be some justification for the acts? i know there are laws to interpret these dates, but how do we know that those laws are interpreted correctly by DOS or USCIS? though i am in eb3-I , jan 2003, i personally know atleast 3 folks who are in 2002 - eb3-I. Can we get some sort of guidance here.
i will ask the iv folks who keep in touch with USCIS if they know anything. AFAIK though, USCIS has come out with no answers other than quoting the non availability of adequate visa numbers. if there is any more info i will let you know...
i will ask the iv folks who keep in touch with USCIS if they know anything. AFAIK though, USCIS has come out with no answers other than quoting the non availability of adequate visa numbers. if there is any more info i will let you know...
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maddipati1
11-21 04:00 PM
But.. when AOS(485) is denied, won't the underlying 140 and for that matter labor is also denied?
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
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chanduv23
09-13 12:01 PM
Just now contibuted USD 100.00..sorry could not contribute a big amount..under a huge debt now...may be in future..
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Thanks for your wonderful gesture
PayPal Confirmation Number: 06B71369TE645612G
thanks
Thanks for your wonderful gesture
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snathan
02-08 02:08 PM
Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this. Marriage is about sharing and even a child will tell you that. If the in-laws are any sensible they won't accept gifts from the son-in-law but its for them to decide.And stop receiving any gifts from either sides.
I don�t agree with this point. If I am doing something and taking care of my parents its my duty. it does not mean my wife also have to do tit-for-tat. It depends on the situation and circumstance. If she is the only daughter, her family situation is bad then we can think about it.
In this case, when her two other sisters and specially her brother also in the US, I don�t see the reason to support the in-laws. If you make more than enough it�s different. But when you are struggling to make your ends meet...I don�t support your point on this.
I don�t agree with this point. If I am doing something and taking care of my parents its my duty. it does not mean my wife also have to do tit-for-tat. It depends on the situation and circumstance. If she is the only daughter, her family situation is bad then we can think about it.
In this case, when her two other sisters and specially her brother also in the US, I don�t see the reason to support the in-laws. If you make more than enough it�s different. But when you are struggling to make your ends meet...I don�t support your point on this.
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ksrk
09-10 05:57 PM
Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
Hi Sachug22,
I think the calculation is made this way...
Total EB2 numbers = 28.6% of total number = 40040 (for all countries)
Available each quarter = 10010
However, per country allocation can't exceed 7% (of total number allowed per quarter, not of the 28.6%) - limits to 2450 <-- each for India and China.
Applying 7% of 28.6% of one quarter of 140000 (as you did) is severely restrictive (not that 2450 is a great number per quarter for the first and second quaters of the fiscal year).
Either way, your point might still hold that there are enough folks waiting (with PD prior to April '03) to account for these in October '08.
[In the hope that some analysis like this might release the pressure set upon by the latest announcement...]
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
Hi Sachug22,
I think the calculation is made this way...
Total EB2 numbers = 28.6% of total number = 40040 (for all countries)
Available each quarter = 10010
However, per country allocation can't exceed 7% (of total number allowed per quarter, not of the 28.6%) - limits to 2450 <-- each for India and China.
Applying 7% of 28.6% of one quarter of 140000 (as you did) is severely restrictive (not that 2450 is a great number per quarter for the first and second quaters of the fiscal year).
Either way, your point might still hold that there are enough folks waiting (with PD prior to April '03) to account for these in October '08.
[In the hope that some analysis like this might release the pressure set upon by the latest announcement...]
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GCwaitforever
05-15 03:55 PM
There seems to be no trend. Mine is non-RIR from 2001 November, transferred from Federal. I have not heard anything after receving 45-day letter in May 2005. Recent case status from BEC says my application is awaiting further review by a BEC analyst. One day, it might be approved. Incidentally DOL web site says still 17 months remaining for backlog removal.:D We should see light at the end of tunnel after another 1 1/2 years.
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lonedesi
08-05 01:23 PM
^^^^^^^^
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Macaca
09-14 06:58 PM
Immigration march planned for Wednesday (http://immigrationvoice.org/forum/showpost.php?p=164301&postcount=1066) By Javier Erik Olvera (jolvera@mercurynews.com or (408) 920-5704) | San Jose Mercury News, 09/11/2007
Many green card seekers wait seven years or more (http://immigrationvoice.org/forum/showpost.php?p=151966&postcount=965) RESEARCHERS SAY BACKLOG COULD SPUR `REVERSE BRAIN DRAIN' By John Boudreau (jboudreau@mercurynews.com or (408) 278-3496) | San Jose Mercury News | 08/22/2007
Simple request: Fair handling of green card applications (http://immigrationvoice.org/forum/showpost.php?p=114554&postcount=738) By L.A. Chung (lchung@mercurynews.com or (408) 920-5280) | Mercury News Columnist, 07/14/2007
How many H-1B visa workers? (http://immigrationvoice.org/forum/showpost.php?p=114543&postcount=737) Counts vary VALLEY EMPLOYERS AMONG TOP USERS By Chris O'Brien (cobrien@mercurynews.com or (415) 298-0207) | Mercury News, 07/15/2007
Many green card seekers wait seven years or more (http://immigrationvoice.org/forum/showpost.php?p=151966&postcount=965) RESEARCHERS SAY BACKLOG COULD SPUR `REVERSE BRAIN DRAIN' By John Boudreau (jboudreau@mercurynews.com or (408) 278-3496) | San Jose Mercury News | 08/22/2007
Simple request: Fair handling of green card applications (http://immigrationvoice.org/forum/showpost.php?p=114554&postcount=738) By L.A. Chung (lchung@mercurynews.com or (408) 920-5280) | Mercury News Columnist, 07/14/2007
How many H-1B visa workers? (http://immigrationvoice.org/forum/showpost.php?p=114543&postcount=737) Counts vary VALLEY EMPLOYERS AMONG TOP USERS By Chris O'Brien (cobrien@mercurynews.com or (415) 298-0207) | Mercury News, 07/15/2007
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ab_tak_chappan
08-15 08:53 PM
do u expect people to stick around even they get their GC? come on dude.. once anyone gets a GC they start working towards their next target. I don't see anything wrong in it:D:D
True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.
We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.
What are your thoughts?
True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.
We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.
What are your thoughts?
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ashutrip
06-19 03:56 PM
IV Core, please help members like us whose applications are pending at the Atlanta PERM Processing Center. In spite of officials informing that they will reassign their staff to process PERM applications a month back, there seems to be no progress so far. Please help us get out of this mess as our applications have been pending at this center for few months now. We would like to take this opportunity to apply for the next two stages while PD are current. By the way, I had an old case at BEC and got an approval. I just changed my job and reapplied through PERM, and then all of a sudden PD became current. I have been in this mess for 5 years now. It was just an unfortunate timing of my job change that screwed me up.
People from Chicago center have been getting quick approvals and are able to submit their I-140 & I-485 documents right away. But just because we live & work in the East coast, we are getting screwed. I don't think this is fair on part of DOL to penalize us because of our location. IV Core, please, help us.
What help can IV provide us with?
They have nothing to do with this mess in Atlanta Center
People from Chicago center have been getting quick approvals and are able to submit their I-140 & I-485 documents right away. But just because we live & work in the East coast, we are getting screwed. I don't think this is fair on part of DOL to penalize us because of our location. IV Core, please, help us.
What help can IV provide us with?
They have nothing to do with this mess in Atlanta Center
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09-11 01:52 PM
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apoojo
04-29 11:05 PM
Apart from calling all senators, I am thinking of writing to them/their offices as well. I guess different forms of communication would not hurt.
Many people stuck in the greencard backlog are not even aware of these steps (and organizations such as IV). How can we all help? Spread the word... post the link to Pappu's message in your facebook feed / blog etc.
Many people stuck in the greencard backlog are not even aware of these steps (and organizations such as IV). How can we all help? Spread the word... post the link to Pappu's message in your facebook feed / blog etc.
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diptam
08-25 10:48 AM
Finally after about 20 days of verbal bargaining over phone i got the physical form 7001 from my employer at hand and mailed it by Certified USPS mail to the following address ::
Citizenship and Immigration Services
Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225 Washington, D.C. 20528-1225
Come on folks - its always better being late than never.PM me if you need any details.
Also please let us know if anyone is sending Form 7001 to Ombudsman or got any reply !
Thanks,
Diptam
Citizenship and Immigration Services
Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225 Washington, D.C. 20528-1225
Come on folks - its always better being late than never.PM me if you need any details.
Also please let us know if anyone is sending Form 7001 to Ombudsman or got any reply !
Thanks,
Diptam
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chintu25
07-18 02:04 PM
Paying USD 50/MONTH right now WILL INCREASE THAT to USD 100 from next month
Also i have encouraged a few other people to join in and they have joined with USD 50/MOnth commitment.
ROCK ON IV CORE :)
Also i have encouraged a few other people to join in and they have joined with USD 50/MOnth commitment.
ROCK ON IV CORE :)
priti8888
07-25 02:30 PM
We applied in Nebraska in August 2003, Cleared in State on August 29th 2003, Transferred to Chicago DOL on Sept 1st 2003..Got Certfied on Oct 16th 2003...So yes..in some states Labor was VERY Quick.
I agree. Ours was transfered to Denver DOL and got certified in 5 months
I agree. Ours was transfered to Denver DOL and got certified in 5 months
485Mbe4001
08-13 04:22 PM
We have a one month window to push for HR 5882, let us focus on that. if it doesnt work then we have no hope. at this rate EB3 will not even move 6 months per year. In retrospect every minor gain for the EB community has had major implications to EB 3 and the backlog as a whole (just venting a bit, dont want to drag it into a big discussion). I remember last year there were many who were saying 'now that we have EAD and AP we are good', this year many will realize the additional pain of renewals and waiting.
Oh's site mentions the following (per country limit is both family and EB based)
"The numerical limits for FY-2008 are as follows: (a) Worldwide Family-sponsored preference limit: 226,000, (b) Worldwide Employment-based preference limit: 162,704. Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
"
Oh's site mentions the following (per country limit is both family and EB based)
"The numerical limits for FY-2008 are as follows: (a) Worldwide Family-sponsored preference limit: 226,000, (b) Worldwide Employment-based preference limit: 162,704. Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
"
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