SkilledWorker4GC
07-15 04:48 PM
Total So far 1435.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.
WAKE UP GUYS
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Milind123
09-17 02:05 PM
Order Details - Sep 17, 2007 1:33 PM EDT
Google Order #371403364547278
Thank you kumar for your shot. Which IIT did you graduate from? Delhi?
Google Order #371403364547278
Thank you kumar for your shot. Which IIT did you graduate from? Delhi?
unseenguy
02-09 10:31 PM
Well. Your parents and in laws may not need your money. But defintely IV needs it. So contribute at
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
I will. Thanks for rounding up.
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
I will. Thanks for rounding up.
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JunRN
10-22 11:31 PM
Something's going on in the Senate....recapture of unused visa is proposed as an amendment to labor and healthcare appopriations bill.....let's see what happens tomorrow...expect that it will be tackled tomorrow!
more...
santb1975
07-15 10:21 AM
Please keep track of $$ raised. It helps motivate ppl. to come forward
I could keep track of that.
I could keep track of that.
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.
more...
billu
09-07 12:46 PM
With so many of us waiting for GCs for 5/10/15 years, makes me wonder what exactly is the motivation??what benefits/advantages does the GC bring ?one major advantage is that the spouse can work (which many of us already have -thanks to july 2007). So being on EAD or Green card-how is this different from h1b?what are some things one can do on GC that they were not able to do on h1b??i am trying to motivate myself for the long wait and need to reinforce that its indeed worth it..
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hazishak
07-19 01:33 PM
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June,2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
.
Since both A and B were current at the time of AOS approval. Person with earlier RD will take precedence. however if the cut off date were April 2003, person B will get the visa.
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June,2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
.
Since both A and B were current at the time of AOS approval. Person with earlier RD will take precedence. however if the cut off date were April 2003, person B will get the visa.
more...
krupa
12-12 08:57 PM
Everywhere they mention spillover...they say quarterly. But they don't really enforce it. :mad:
At least , they improved the bulletin by adding more detailed information as well as an explanation about how it works.
USCIS issue GC not more than 9% of quota for eligible quota by each country during each first three quarters. Spill over happens only in last quarter of a fiscal year.
At least , they improved the bulletin by adding more detailed information as well as an explanation about how it works.
USCIS issue GC not more than 9% of quota for eligible quota by each country during each first three quarters. Spill over happens only in last quarter of a fiscal year.
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funny
07-14 03:19 PM
To: IV
Amount: $ 10.00
Payment Date: July 15, 2008
Reference Number: 10011
Amount: $ 10.00
Payment Date: July 15, 2008
Reference Number: 10011
more...
lazycis
11-20 10:26 PM
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
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chanduv23
09-16 07:04 PM
Hi,
1st time contributor to IV. Here's the Paypal Confirmation #: 6R998807RX0308502.
Plan to join the rally with my toddler. Best wishes to IV and good work Milind123.
Thanks for the contribution and for attending - your toddler is a hero
1st time contributor to IV. Here's the Paypal Confirmation #: 6R998807RX0308502.
Plan to join the rally with my toddler. Best wishes to IV and good work Milind123.
Thanks for the contribution and for attending - your toddler is a hero
more...
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Macaca
10-01 04:07 PM
If the USCSI didnt have enough applications to be assigned the VISA , then why are they so conservative in making the cutoff dates move ahead. What is the harm in pro-actively moving the cutiff dates, to amek sure no visa gets wasted.
A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
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rameshk75
01-04 10:41 AM
Received an email today for AP document mailed on Jan4.
I filed AP on Aug 8th.
I filed AP on Aug 8th.
more...
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eb3_2004
07-23 04:09 PM
Thanks for the reply and encouragement. This is what makes this Immigration Voice community different from others...
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vinabath
07-20 03:02 PM
Best thing would be to apply for EAD/AP about 6 months from now because bulk of the new workload will be concentrated in June, July and August filings and it might take 5-6 months for all of them to get EADs. same thing when time comes for renewals.
If someone applies EAD/AP 6 months from now, chances are he/she will be able to avoid the crowd and get it in 3 months.
It''s like leaving at 5PM and spending 3 hours in traffic
OR
leaving at 8 and spending 30 minutes
makes sense?
It does not make any sense.Very bad analogy.
If someone applies EAD/AP 6 months from now, chances are he/she will be able to avoid the crowd and get it in 3 months.
It''s like leaving at 5PM and spending 3 hours in traffic
OR
leaving at 8 and spending 30 minutes
makes sense?
It does not make any sense.Very bad analogy.
more...
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mpadapa
09-10 09:21 PM
HR 5882 has the answer for the FIFO problem.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
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vandanaverdia
09-13 11:13 AM
milind123 & sam2006:
Hats off to u guys... U r doing a fabulous job!
All those who havent contributed so far, pls come forward!
Help IV help you...
Hats off to u guys... U r doing a fabulous job!
All those who havent contributed so far, pls come forward!
Help IV help you...
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rtarar
09-08 08:14 AM
6 years 2 months and counting.
JunRN
08-12 02:26 AM
With the current situation, I think it may take 2 to 3 months...
JunRN
10-01 03:16 PM
Pls excse my noob-ness, i have read all the pages of this thread but cudnt find a precise answer.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
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