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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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.
"
ita
08-25 08:13 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.
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.
2011 The Mayor of Whoville
pappu
09-01 09:17 AM
Everyone getting receipt notices, and not coming to the rally, (not coming to the rally -most on tracker threads), please at least consider contributing to the rally once you get your notice or FP done or get EAD!. The rally cost is huge and we can do much more if people can contribute generously.
We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.
Now it is your opportunity to deliver.
We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.
Now it is your opportunity to deliver.
more...
JunRN
09-28 01:37 PM
It is not even considered yet and I don't think it will ever be considered. That amendment includes not only schedule A but also others and with proposal to increase the number as well.
How could it pass if it's carrying heavy-baggage, it won't move!!!
How could it pass if it's carrying heavy-baggage, it won't move!!!
catopa
03-04 09:44 AM
Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
more...
trueguy
02-26 12:01 PM
Forget about LIFO or FIFO, this year EB2 won't be getting enough visa's from spill-over. They would be giving majority of spill-over to EB3-ROW/I/C and EB2 would be getting very small fraction. And how's that is possible for that they would play around the law ( by making EB2 current).
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
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tikka
07-18 04:22 PM
Made my first (small) contribution of $100 today !!
Google order no. - 952531454379821
Many thanks to all of IV members !!!
Thank you so much for your contribution:)
Google order no. - 952531454379821
Many thanks to all of IV members !!!
Thank you so much for your contribution:)
more...
deshbhakt
09-11 04:57 PM
Why is everybody so freaking out? arent they going to release new visas for FY 2009 in October? My assumption is November's bulletin will take care of the cut off dates based on those visa numbers.
Please correct me if my thinking is incorrect.
Please correct me if my thinking is incorrect.
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greyhair
08-12 02:50 PM
My suggestion for everyone reading this is - do not send this information to your Company or HR department. They could ask us to table this additional cost. I work for Accenture so I hope that this does not apply to my employer with less than 50% employees on visa. But I'm not going to write to them asking about this because they may turn around asking us to eat this new cost.
How about you? Has anyone contacted their employer already? What are they saying?
How about you? Has anyone contacted their employer already? What are they saying?
more...
amitjoey
05-06 04:18 PM
During previous phone call campaigns, our members came out w/huge numbers and were instrumental in getting the support. This I know because the Senators office phones were just constantly busy and once you started mentioning high skilled, they would know and finish your statements for you. This time though, that does not seem to be the case. Please, please step up. I just called 4 out of TIER 1 again.
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sparky_jones
09-10 09:45 AM
Looks like last night's particle accelerator experiement sent us back in time!:D
more...
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maximus777
06-11 10:25 AM
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
USCIS is a different beast altogether - it defies all logic!
USCIS is a different beast altogether - it defies all logic!
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leoindiano
09-11 01:55 PM
Paypal Confirmation Number: 7R258466SC5551342.
Just contributed another 100. Notified some freinds about the drive as well.
now or never GC.
I am going to DC.
Just contributed another 100. Notified some freinds about the drive as well.
now or never GC.
I am going to DC.
more...
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njboy
04-27 07:32 AM
dont go to the edison kilmer road dmv..those guys are waiting for a reason to refuse.. even my white american friends have had problems there..lol
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acecupid
06-11 12:59 PM
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
I agree. Since politicians have no incentives from helping our cause, it has to come to an extreme breaking point when USCIS/DOS or politicians take any action. I think we have reached that point and that will help in highlighting the mess we are in.
Just trying to be optimistic!:)
I agree. Since politicians have no incentives from helping our cause, it has to come to an extreme breaking point when USCIS/DOS or politicians take any action. I think we have reached that point and that will help in highlighting the mess we are in.
Just trying to be optimistic!:)
more...
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indio0617
01-11 02:25 PM
1 point we should make to the lawmakers is to make an administraive change to give 3 years extensions and abolish 1 year extensions. As 1 year extensions are not suffecient a very solid case can be presented for that case.
1) Driver license, lit of state doesn't give DLs if you have less than 1 year left on Visa
2) H1B Extension is taking 4-6 months
3) No Visa stamping in U.S.
The problem are just too many we need a proper channel to raise our voice to them
Also we need to ask for some accountability and transparency in the Backlog processing. All of us (victims) with LCs in the backlog centers have been reduced to foolish gamblers trying to figure out what is happening with our applications.
1) Driver license, lit of state doesn't give DLs if you have less than 1 year left on Visa
2) H1B Extension is taking 4-6 months
3) No Visa stamping in U.S.
The problem are just too many we need a proper channel to raise our voice to them
Also we need to ask for some accountability and transparency in the Backlog processing. All of us (victims) with LCs in the backlog centers have been reduced to foolish gamblers trying to figure out what is happening with our applications.
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vandanaverdia
09-09 02:06 PM
My husband & me are flying from Seattle & will be there at the rally!
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gimme Green!!
07-06 08:40 AM
Hopefully the emphasis on homeland security will not have an adverse effect when dates become current again or move forward.
On a lighter vein, isn't this essentially what we need - quick processing and approval of 485 apps without being stuck with all the paperwork? :)
Changing title to "Homeland security compromised in mad rush to process Green Cards" may provide fuel to anti-immigrants. They may argue that the process is better served by taking for 25 years to ensure no would be terroists get green cards !
On a lighter vein, isn't this essentially what we need - quick processing and approval of 485 apps without being stuck with all the paperwork? :)
Changing title to "Homeland security compromised in mad rush to process Green Cards" may provide fuel to anti-immigrants. They may argue that the process is better served by taking for 25 years to ensure no would be terroists get green cards !
badluck
07-06 01:58 PM
me too. Personally I think Australia might have better weather but Canada is closer
why not our motherland INDIA
why not our motherland INDIA
pani_6
09-22 09:05 PM
actually it is better to concentrate on the call campaign for the recapture ..if that happens then I guess it will solve many things ..btw I am EB3 too
Yes Sir..Right now its the HR Bills..I am the originator of the thread..no offense meant..;)
Yes Sir..Right now its the HR Bills..I am the originator of the thread..no offense meant..;)
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