Wednesday, June 15, 2011

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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




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  • gc_kaavaali
    07-14 03:45 PM
    done both (contributed and updated signature)




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  • silibili
    05-11 11:01 AM
    Hello all,
    I have finished calling all the republicans from the list. here are my
    experiences. Most senator aides were patient and took down messages, i
    have listed the different ones.

    Senator Judd Gregg (R-New Hampshire) : does support high skilled
    provisions...*yay*

    Senator Michael Enzi (R-Wyoming) : aide was very patient and chatted
    abt legal immigration reform and took name, number, zip , msg to pass
    to senator.

    Senator Lindsey Graham (R-South Carolina) : went to vm twice. left vm

    Senator John Cornyn (R-Texas) : aide not very patient. asked to call
    my state senator.

    Senator John Kyl (R-Texas) : aide was very patient, and understanding,
    and had a chat about current immigration scenario. Senator Kyl is
    supportive of legal immigration, he intro/supported one bill for us in
    2007 but it failed to pass. He said that the senate politics is not
    letting high skilled immigration reform pass. he does not support
    amnesty, he wants border secured, etc before fixing broken legal
    system

    Please call and share your experience.


    Thanks.
    __________________
    * Contributed money to IV
    * Trying to get locals involved




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  • bskrishna
    06-10 11:36 AM
    So July visa bulletin is out ... we will see comments with frustation and appeals to fight for the cause ... however, this is a prediction thread, so my prediction is that by next week, all affected people will accept the reality and will move on with their life waiting for August visa bulletin or for the next year quota. My purpose is not to offend anyone, but this is just the observation we all had in the past, so why this time around its going to be any different?

    Now as far as those three bills are concerned ... at times I feel that they are just pacifiers to amuse the crying babies. We all can see that immigration related bill (fashion models, regional investors etc) are getting passed, but not the one's that we really want. Therefore hearings in the sub-committie and than in full hearings will go on till August, and afterwards presidential election will be the focus ... immigration reforms will take a back seat. New administration in 2009 will have more immediate priorities to fix the economy, war, etc. Immigration will eventually appear on the radar, but only after some time.

    So only movement I can see in near future is EB3 to EB2 conversion. That's OK too. because everyone has a right to straddle the lanes. Out of that stampede, some will get approved, some will get rejected, and will create more mess in the system. But that's inevitable ... and if a mass transition happens, USCIS will have no other option to bring in yet another rule to make their life easy, we all can guess ... what that may be ... I think this is one of the reasons why USCIS does not allow 140 premium processing anymore. Now those who are hopefull for EB2, my message is that USCIS can very easily justify visa wastage this year because of the extra load they got from Citizenship applications. Personally, I do not have much hope of USCIS working efficiently.

    I am not trying to spread pessimism, but just giving my predictions. We all need to think hard, as to how can we come out of this mess. Flower campaign worked once, but doesn't mean that its gonna be effective again and again.

    Fashion models and Sport personnel and EB-5 folks are few in numbers and will go unnoticed by their constituents. Other EB categories are comparatively huge. So I suppose that congress is treading carefully. If the bills does not go though the subcommittee and full ones, opponents will debate that the bill was sneaked in or piggy backed or pushed through. Hopefully something will emerge before the presidential elections. Lets not loose hope and try our best. Anything after the elections will be bound to be bogged down by CIR...



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  • ind_game
    05-19 10:33 AM
    ANOTHER UPDATE

    soft LUD on my second MTR for 05/18/2009
    soft LUD on my I-485 for 05/18/2009

    But the content remains the same:

    as "Case received and pending" on my second MTR
    as "Denial Notice Sent" on my I-485




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  • jayleno
    10-17 04:22 PM
    Its sad that only so many people have decided to send the letters. Come on people....Please send the letters/e-mails. Also dont forget to vote on the poll and have a beer this weekend.



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  • GOTGC
    07-24 02:22 PM
    Visa number is differnt from A #- which is application number.
    Law allows only 140,000 EB visas per year, which are again subject to country quotas,EB categories etc
    Every 485 approval uses a Visa number.
    So for 485 approval there should be a visa number available.



    In last quarter of every year, USCIS can approve 485s irrespective of country limits inorder to use up all visa numbers.
    That is what happened in June/July and happening now- Inorder to exhaust remaning 60K visas for yr 2007, USCIS assigned a visa number to pending 485's before approving them.(Tons of approvals coming from NSC and TSC are for cases that had visa number preassigned before July 2nd Visa bulletein revision)




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  • natrajs
    08-08 09:48 PM
    Finally Good News
    Best Wishes and Good Luck



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  • forgerator
    12-10 03:58 PM
    this is great news for EB3 ROW!


    Employment Third:

    Worldwide: April through August 2005
    China: June through September 2003
    India: January through February 2002
    Mexico: January through June 2004
    Philippines: April through August 2005




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  • zoooom
    07-14 06:19 PM
    Silly question but I need an answer :)...How can I use Bill pay here? I bank with BOA and it asks for a company name if I choose bill pay...



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  • permfiling
    09-16 03:06 PM
    Thanks Milind for the inspiration. I too echo your words of success to the rally. I would request the state chapter leaders to get together on weekends once or twice a month to keep the momentum going.

    Once again, I am very glad to see all members to echo a single voice through unity.


    - Sunil R
    SF Bay Area




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  • desi485
    11-24 05:34 PM
    I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
    One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??

    The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.

    I agree with Chandu, we should try to get this from CIS. Just don't know how:(



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  • satishku_2000
    07-05 05:21 PM
    In which state you are? Did you call your senators , if yes please put the name of state and senators name here..so I can match with my list and tell you that whether I called them or not.
    Boxer , Feinstein senators of CA , I called Lofgren , Gary miller (R) 42nd district of CA and Just spoke with NYtimes reporter on the follow up story ...:)




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  • santb1975
    05-22 03:12 PM
    This thread is mostly being bumped without contributions today :confused:



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  • indio0617
    03-09 10:55 AM
    Sen Feinstein Amendment : 6303; provides an exception for refugees, aliens who apply for asylum (fleeing persecution, dictatorship) to waive passport fraud if they have comitted any.




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  • cinqsit
    12-10 03:55 PM
    Yes the bulletin is pretty detailed. Explaining logic behind per country limit and movement of cutoff dates. Certainly a first in a Visa Bulletin.

    Needless to say, CIR with provisions to address this backlog is the only hope for both i REITERATE - BOTH EB2 as well as EB3... divisiveness will certainly lead to failure or atleast a never ending wait for some of us....

    cinqsit



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  • Blessing&Lifeisbeautiful
    08-08 05:46 PM
    Hi Angel

    If you need any help whatsoever, ps let me know.

    bump




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  • ItIsNotFunny
    03-12 11:49 AM
    Pappu,

    Donor forum concept is the only workable model. I request you to not stop this model.

    ItIsNotFunny has done very good work to help us all. I would like to double my monthly contribution and contribute on behalf of ItIsNotFunny if that is ok with ItIsNotFunny and you, till the time ItIsNotFunny starts at a new job or till I have a job, whichever is sooner.

    Cheers

    Sanju,

    Heartly appreciate your friendly gesture. Unfortunately my soul will not accept this solution.

    Thanks again for your gesture. I think I got a good friend today, which is difficult :).




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  • kvsagar123
    07-19 12:47 PM
    I am silent reader on this site from last one month. It is great to know lot of people are working hard behing the scenes and really appreciate what IV has done regarding bulletin fiasco.

    I will make couple of friends to join IV and contribute.


    July 19th : signed up for 50$ recurring contribution




    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 )




    langagadu
    03-04 12:19 PM
    do have your 140 approved?
    Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows

    "On Oct 1st 2007 we received....blah blah blah...."

    -GCisaDawg



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