Canadian_Dream
06-02 08:18 PM
You are correct, it only uses I-140 application as a basis of setting the cut-off (Not I-485).
In my opinion:
Date of Introduction: May 15 2007
Effective Date: Oct 01 2008
Scenarios:
Scenario 1: I-140 Filed after Introduction and Approved before effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 2: I-140 Filed after Introduction and not approved on the effective date. These cases have to refile.
Scenario 3: I-140 Filed before Introduction and not approved on the effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 4: I-140 not filed becasue of backlogged labor. They retain the priority date but have to restart in the new system, whatever that means.
Only bad scenario is 2 and 4. The other bad aspect is reduced supply of immigrant visa 90,000.
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
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.
In my opinion:
Date of Introduction: May 15 2007
Effective Date: Oct 01 2008
Scenarios:
Scenario 1: I-140 Filed after Introduction and Approved before effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 2: I-140 Filed after Introduction and not approved on the effective date. These cases have to refile.
Scenario 3: I-140 Filed before Introduction and not approved on the effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 4: I-140 not filed becasue of backlogged labor. They retain the priority date but have to restart in the new system, whatever that means.
Only bad scenario is 2 and 4. The other bad aspect is reduced supply of immigrant visa 90,000.
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
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.
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gc_perm2k6
03-05 05:26 PM
My 485 had soft LUD on 2/27/09. Although, my husband's dependent application dint have one.
himu73
09-09 12:16 PM
I'm looking for homeloan options in India. Which bank would be good to apply for home loans.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
1. This is the best bank in terms of interest rate.
2. They have daily reducing calculation of interest which itself will save you 30/40K rupees over ICICi/HDFC etc.
3. they do not charge penalty for early repayment.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
1. This is the best bank in terms of interest rate.
2. They have daily reducing calculation of interest which itself will save you 30/40K rupees over ICICi/HDFC etc.
3. they do not charge penalty for early repayment.
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onemay
04-26 09:41 PM
Hi folks,
I'm a desperate house spouse(H4) and now not only I can't work but I can't drive either because the current visa expires on May 10 and the new extension is not here yet. The folks at DMV didn't wanna give an extension for the DL unless I bring a new I 94. Now the poor H1 has to do 2 jobs
1. work his but off at work to get GC
2. drive the kids up and down, do the shopping, etc etc because the desperate h4 can't move a finger.
Anyone in the same barrel?
Please give some toughts.:rolleyes:
I'm a desperate house spouse(H4) and now not only I can't work but I can't drive either because the current visa expires on May 10 and the new extension is not here yet. The folks at DMV didn't wanna give an extension for the DL unless I bring a new I 94. Now the poor H1 has to do 2 jobs
1. work his but off at work to get GC
2. drive the kids up and down, do the shopping, etc etc because the desperate h4 can't move a finger.
Anyone in the same barrel?
Please give some toughts.:rolleyes:
more...
stillhopefull
09-10 12:50 PM
Just contributed $100 and will see everybody in DC!
seahawks
07-23 11:46 PM
Dont mean to dampen your spirits, happy for the poster of this thread. Could have been lucky to get approved while people like me ( Sep 2003) PD waiting 485 filed 3 yrs ago.
anyway cheers -- go partying
mine too PD March 21 2003.... phew.. got stuck in BEC and then retrogression.. long wait.. and now 485 filed with long wait for EAD:)may be But hey, life is always that way, who knows what is next:)
anyway cheers -- go partying
mine too PD March 21 2003.... phew.. got stuck in BEC and then retrogression.. long wait.. and now 485 filed with long wait for EAD:)may be But hey, life is always that way, who knows what is next:)
more...
ind_game
05-14 05:10 PM
I believe so. I assume that USCIS eventually sends a letter acknowledging the revocation, but I don't know for sure.
Even my attorney says the same thing that they do not represent any revocations and says that there will be an acknowledgment from USCIS regarding revocation.
I have requested my old employer to provide me the I-140 revocation acknowledgment, but he denies saying he did not receive it and USCIS does not always send acknowledgments. That is his ball game, I could not poke around much.
Even my attorney says the same thing that they do not represent any revocations and says that there will be an acknowledgment from USCIS regarding revocation.
I have requested my old employer to provide me the I-140 revocation acknowledgment, but he denies saying he did not receive it and USCIS does not always send acknowledgments. That is his ball game, I could not poke around much.
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indio0617
03-09 12:47 PM
indio0617,
Still the meeting is going on?
Sorry to ask this Q?
No. It is over. Will reconvene next Wednesday.
Still the meeting is going on?
Sorry to ask this Q?
No. It is over. Will reconvene next Wednesday.
more...
gcadream
03-01 04:09 PM
There is a link on immigrationvoie.org website "when can I get my GreenCard" and to my utter shock when I clicked that I got the message that I will get my GC around 2026.
There is a checkbox for spill over visas also, and I selected that thinking that it will move my dates before...but it got moved only till 2024.
So does it really mean that I will get the GC around 2024 or is it just plain maths which doesn't goes practically with the changing scenarios.
Because right now the current PD is Feb'2005 and it looks like withing 2,3 yrs it should reach Dec'2007, but this data is just my guess OR more of intuition, I'm not sure what will happen.
In this forum there are many experienced people, if they can throw some light on this, it would really help. Otherwise things are sounding very depressing !!
There is a checkbox for spill over visas also, and I selected that thinking that it will move my dates before...but it got moved only till 2024.
So does it really mean that I will get the GC around 2024 or is it just plain maths which doesn't goes practically with the changing scenarios.
Because right now the current PD is Feb'2005 and it looks like withing 2,3 yrs it should reach Dec'2007, but this data is just my guess OR more of intuition, I'm not sure what will happen.
In this forum there are many experienced people, if they can throw some light on this, it would really help. Otherwise things are sounding very depressing !!
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bsbawa10
09-11 08:48 PM
Dear Freinds,
USCIS has proven again that they cannot calculate or count. Don't you think they should be presented with this calculator to help them calculate.
http://www.amazon.com/REALLY-CALCULATOR-AUTO-OFF-RUBBER-KEYPAD/dp/B000QOJYWA/ref=pd_bbs_1?ie=UTF8&s=office-products&qid=1221162014&sr=8-1
Also DOS has a knack for turning back the clock, don't you think they are in need of this clock.
http://www.amazon.com/American-Science-Surplus-BACKWARDS-RUNNING/dp/B000KDYQFM
What is your opinion?
My opinion is that USCIS does not deserve flowers or calculators. I am in a big favour of sending letters to them and to congress men with some information about what USCIS has been doing. I am also in favour of sending some pamphlets. I have already prepared some. Please see.
http://immigrationvoice.org/forum/showpost.php?p=288175&postcount=33
USCIS has proven again that they cannot calculate or count. Don't you think they should be presented with this calculator to help them calculate.
http://www.amazon.com/REALLY-CALCULATOR-AUTO-OFF-RUBBER-KEYPAD/dp/B000QOJYWA/ref=pd_bbs_1?ie=UTF8&s=office-products&qid=1221162014&sr=8-1
Also DOS has a knack for turning back the clock, don't you think they are in need of this clock.
http://www.amazon.com/American-Science-Surplus-BACKWARDS-RUNNING/dp/B000KDYQFM
What is your opinion?
My opinion is that USCIS does not deserve flowers or calculators. I am in a big favour of sending letters to them and to congress men with some information about what USCIS has been doing. I am also in favour of sending some pamphlets. I have already prepared some. Please see.
http://immigrationvoice.org/forum/showpost.php?p=288175&postcount=33
more...
willwin
06-10 10:30 AM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Much awaited bulletin which says no numbers for EB3 and that come Oct 2008 Eb3 I will go to Nov 2001 again. What a news!!!
enjoy!!!
"E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from “All Other Countries” would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
F. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become “unavailable” beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year."
Much awaited bulletin which says no numbers for EB3 and that come Oct 2008 Eb3 I will go to Nov 2001 again. What a news!!!
enjoy!!!
"E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from “All Other Countries” would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
F. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become “unavailable” beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year."
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alanoconnor
01-23 06:16 AM
pd dec 03
rir
case "in process"
rir
case "in process"
more...
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Keeme
08-14 05:50 PM
What are you talking about?
For EB3, DOS had predicted that in the Oct. 2008 VB, dates would be reinstated to the June 2008 (not June 2007) VB dates. This means that if that is still going to be true, Oct. 2008 VB dates would be Nov 2001. Where do you get June 2003 as the EB3 VB dates?
Am I missing something here? But if your prediction is true, I will buy you dinner!!!
"""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. """
Let's understand it ! I'm sure you are aware about July 2007 Visa Bulletin fiasco. It made every category "C". Before that in June 2007 bulletin - they moved dates for EB3 & EB2 singnificantly. For EB3 India - it moved from May 2001 to Jun 2003 - People who filed their AOS are 'June' applicants and People who filed because of July 2007 bulletin are 'July/Aug' applicants
DOS refering to these June applicants means having PD earlier than Jun 2003. I hope its clear to you.
For EB3, DOS had predicted that in the Oct. 2008 VB, dates would be reinstated to the June 2008 (not June 2007) VB dates. This means that if that is still going to be true, Oct. 2008 VB dates would be Nov 2001. Where do you get June 2003 as the EB3 VB dates?
Am I missing something here? But if your prediction is true, I will buy you dinner!!!
"""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. """
Let's understand it ! I'm sure you are aware about July 2007 Visa Bulletin fiasco. It made every category "C". Before that in June 2007 bulletin - they moved dates for EB3 & EB2 singnificantly. For EB3 India - it moved from May 2001 to Jun 2003 - People who filed their AOS are 'June' applicants and People who filed because of July 2007 bulletin are 'July/Aug' applicants
DOS refering to these June applicants means having PD earlier than Jun 2003. I hope its clear to you.
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kumarr
12-26 02:19 PM
I just had my I-140 approved few days ago. I applied concurrently during July fiasco to NSC.
My online status says: Approval Notice Sent.
I guess that means my I140 is approved.
I am EB3 - India.
My online status says: Approval Notice Sent.
I guess that means my I140 is approved.
I am EB3 - India.
more...
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gc28262
08-12 11:06 AM
Why is the senator backtracking from "chop shop" comment ? Here is why
Visa row: US keen not to hurt ties with India before Obama visit - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Visa-row-US-keen-not-to-hurt-ties-with-India-before-Obama-visit/articleshow/6298482.cms)
Visa row: US keen not to hurt ties with India before Obama visit - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Visa-row-US-keen-not-to-hurt-ties-with-India-before-Obama-visit/articleshow/6298482.cms)
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Saburi
03-03 03:30 PM
MDix,
What spillover for EB3 you are talking about? Based on how they interpreted the spillover law last year, EB3-I can't get any spillover until EB2-I and EB3-ROW is current and thats decade away.
I am just trying to get the facts. I am not against EB3-I as I myself is EB3-I and waiting for my turn since last 7 years.
Thanks.
I Agree with you, EB3 I will never ever be current unless there is a resolution or releaf passed by Mr Change (Obama) or his lobby, there is no light beyond this tunnel until we see some releaf which does not look getting this year atleast and may be another couple of years.
Predictions are good to just hear and watch and here predictions are like lovely dreams which will never come true unless untill any big chnage is taken place, and the only person who i have hope with to do something for EB3 I is President Obama.
But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves.
This is really furstating and freinds sorry to express my frustration here on this forum but i am done and just look at my PD Dec 2001 for the past 1 year i hear from my lawyer you are just the next badge and should be current in the next bulletin.
I think we should live everything aside and just do our best at work thats what i am doing and thank god for getting our bread and butter in this economy.
Sorry if i was too loud and noisy.
Best Regards
Saburi
What spillover for EB3 you are talking about? Based on how they interpreted the spillover law last year, EB3-I can't get any spillover until EB2-I and EB3-ROW is current and thats decade away.
I am just trying to get the facts. I am not against EB3-I as I myself is EB3-I and waiting for my turn since last 7 years.
Thanks.
I Agree with you, EB3 I will never ever be current unless there is a resolution or releaf passed by Mr Change (Obama) or his lobby, there is no light beyond this tunnel until we see some releaf which does not look getting this year atleast and may be another couple of years.
Predictions are good to just hear and watch and here predictions are like lovely dreams which will never come true unless untill any big chnage is taken place, and the only person who i have hope with to do something for EB3 I is President Obama.
But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves.
This is really furstating and freinds sorry to express my frustration here on this forum but i am done and just look at my PD Dec 2001 for the past 1 year i hear from my lawyer you are just the next badge and should be current in the next bulletin.
I think we should live everything aside and just do our best at work thats what i am doing and thank god for getting our bread and butter in this economy.
Sorry if i was too loud and noisy.
Best Regards
Saburi
more...
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ychousa
07-18 07:25 PM
Ofcourse PD is considered for VISA numbers, not the RD. RD is good for portability issues like AC21/180 days rule.
How do you check the current or eligible PD of VISA numbers after you've filed I-485?
How do you check the current or eligible PD of VISA numbers after you've filed I-485?
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Green06
07-18 03:04 PM
Started a reccuring monthly payment of $50. I will try to convince all my friends from Twin Cities (Minneapolis- St Paul) area to do the same.
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vayumahesh
11-09 08:50 AM
I need info from the experts here. I am thinking of going with interfiling process rather than wait for the USCIS system to identify the case as current. One issue with my case is I-140 attorney (company lawyer) is different from I-485 attorney (outside company). My company attorney has forwarded the copy of I-140 to my I-485 attorney. Is I-140 copy enough or must submit original with the interfiling process ?
The following thread in Immigrationvoice says, lawyer needs to send original I-140 with interfiling process.
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/17441-interfiling.html (response by sanbaj - The lawyer has to write a letter to USCIS along with the original approval notice of the newly approved but older PD I140. )
The following thread in Immigrationvoice says, lawyer needs to send original I-140 with interfiling process.
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/17441-interfiling.html (response by sanbaj - The lawyer has to write a letter to USCIS along with the original approval notice of the newly approved but older PD I140. )
tejonidhi
07-14 01:40 PM
Here is the confirmation 7YB1J-BR7B7:)
santb1975
05-23 01:06 AM
Thankyou for your contribution
Receipt ID: 1X745313KW043800M
Receipt ID: 1X745313KW043800M
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