Canadian_Dream
06-01 08:18 PM
I re-read the section and I think your interpretation is correct. All I-140 filed after introduction and approved before enactment should stand clear from this provision. If there is an I-485 petition filed along with such an I-140 that is approved before enactment of this act, then it will qualify for an immigrant visa whenever one is available under the old law.
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
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Leo07
04-30 02:16 PM
Cornyn Open to Working on Immigration Reform - Roll Call (http://www.rollcall.com/news/45730-1.html)
We need to get more, but obviously a good beginning.( correction in title. it's Sen Cornyn )
We need to get more, but obviously a good beginning.( correction in title. it's Sen Cornyn )
kshitijnt
02-09 09:18 PM
In months of June, Jul and Aug , many EADs & APs are up for renewal due to July07 fiasco. So by moving dates forward, USCIS can cash in lot of reveue as it has to issue only 1 yr EAD in that case. If the dates are not current, they will have to issue 2 yr EAD and although they dont mean to approve many cases, I tend to think they will keep moving dates forward.
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jonty_11
07-06 05:37 PM
just like they made EB3 other workers number "U" in mid June...why didnt they do the same for all EB categries in July >?????
Why are they still showing CURRENT>
what does the answer to this question mean?
Why are they still showing CURRENT>
what does the answer to this question mean?
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.
Blessing&Lifeisbeautiful
08-11 10:13 AM
I filed my papers around the same time. Do you want to keep in touch and see how things go?
Pls lets all keep in touch. My lawyer sent mine around the same time as well. Did anyone have to file with a visascreen? One law firm said that the EAD would be denied becasue of no visascreen!!
I changed them for another law firm. Any other lawyers saying the same regarding visascreen?
Pls lets all keep in touch. My lawyer sent mine around the same time as well. Did anyone have to file with a visascreen? One law firm said that the EAD would be denied becasue of no visascreen!!
I changed them for another law firm. Any other lawyers saying the same regarding visascreen?
more...
sledge_hammer
05-28 06:01 PM
Less than 20% huh? FHA or Conventional?
I finally got the Loan Approved !
The underwriters was OK with my H1B + I-140 Approval + I-485 Reciept.
Thank you all for the tips and leads.
After a long 60 day wait, I m finally getting the house on Monday. :)
I finally got the Loan Approved !
The underwriters was OK with my H1B + I-140 Approval + I-485 Reciept.
Thank you all for the tips and leads.
After a long 60 day wait, I m finally getting the house on Monday. :)
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computer_gig
08-11 11:04 AM
Hi All
I am sorry if I post this in wrong place. I dont know how my EB2 I140 approved in 2 months.did any body get approved like this?
I am sorry if I post this in wrong place. I dont know how my EB2 I140 approved in 2 months.did any body get approved like this?
more...
eb3_nepa
07-15 03:22 PM
don't I need to provide the account number of IV there.?
Nope. You are simply mailing out a "cheque" to IV at the postal address.
Nope. You are simply mailing out a "cheque" to IV at the postal address.
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jonty_11
07-06 01:55 PM
we are indeed a bunch of smart people..I wonder why we cannot achieve more..
please contribute and participat ein Media Drive.
please contribute and participat ein Media Drive.
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Lacris
08-12 12:53 AM
one of those who got labor approved fast from BEC...and slipped thru quickly....yes, I mean quickly even though it took 2.5 years
What BEC? BECs were established in March 2005.
What BEC? BECs were established in March 2005.
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ssk1127
08-23 06:14 PM
I am just a reader of IV but this article made me to reply and below are my thoughts regarding the PM
> This might take atleast 6 months to get signoff (IF aproved by everyone)
> This will impact only the I-140 that are still pending approval
> I assume people who recently applied (mostly in past 1 year) for I140 has to go through this process. So this filters lot of people who applied for GC's longitme back.
> Mine i140 is already approved so I think i wil not be impacted
> Also this is applicable for "Exceptional Ability" only (I did a search the entire PDF and not find anything that talked about advacned degree)
> So every one who has masters degree in US will be considerd as Advanced degree and will not be impacted (See this article http://www.callyourlawyers.com/pdfcaselaw/eb2memo.pdf[/url] Note: This is not officially release d by USCSIS)
> I looked at my I140 approval and it clearly says "Advance Degree or Exceptional Ability". I have Master degree from a Sate Universtiy so I think I am covered
> So if anyone whose application is still penidng they might want to confirm with their attorney to see if it said "Advance Degree or Exceptional Ability" OR "Advance Degree and Exceptional Ability" OR "Advance Degree" OR "Exceptional Ability"
> If "or" i think you shold be ok as you can opt for advacned degree. However "Exceptional Ability" might have to show proof "IF" they do not get approval by the time this memo goes live ( I mean if this gets approved)
> I am pretty sure most of them wil have advanced degree but just to make you might want to confirm with your attorney
Thanks
Satish
> This might take atleast 6 months to get signoff (IF aproved by everyone)
> This will impact only the I-140 that are still pending approval
> I assume people who recently applied (mostly in past 1 year) for I140 has to go through this process. So this filters lot of people who applied for GC's longitme back.
> Mine i140 is already approved so I think i wil not be impacted
> Also this is applicable for "Exceptional Ability" only (I did a search the entire PDF and not find anything that talked about advacned degree)
> So every one who has masters degree in US will be considerd as Advanced degree and will not be impacted (See this article http://www.callyourlawyers.com/pdfcaselaw/eb2memo.pdf[/url] Note: This is not officially release d by USCSIS)
> I looked at my I140 approval and it clearly says "Advance Degree or Exceptional Ability". I have Master degree from a Sate Universtiy so I think I am covered
> So if anyone whose application is still penidng they might want to confirm with their attorney to see if it said "Advance Degree or Exceptional Ability" OR "Advance Degree and Exceptional Ability" OR "Advance Degree" OR "Exceptional Ability"
> If "or" i think you shold be ok as you can opt for advacned degree. However "Exceptional Ability" might have to show proof "IF" they do not get approval by the time this memo goes live ( I mean if this gets approved)
> I am pretty sure most of them wil have advanced degree but just to make you might want to confirm with your attorney
Thanks
Satish
more...
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psaxena
12-15 11:29 AM
Please don't think as if the IV guys walk in and talk and there you go.... the change is in effect.
It takes a lot to get the fixes like these.
Moreover , do not donate with the "IF" condition. Just donate and trust IV , everyone is working as hard ,to get the relief in any way possible for the guys in the line.
SO JUST DON'T WAIT AND START DONATING.
Thanks to IV for that ..
But the word "later" seems to be very distant, not just for us. but for the dependents too
I believe this is administrative fix at least pre filing . This is more acheivable
It takes a lot to get the fixes like these.
Moreover , do not donate with the "IF" condition. Just donate and trust IV , everyone is working as hard ,to get the relief in any way possible for the guys in the line.
SO JUST DON'T WAIT AND START DONATING.
Thanks to IV for that ..
But the word "later" seems to be very distant, not just for us. but for the dependents too
I believe this is administrative fix at least pre filing . This is more acheivable
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sundevil
03-05 10:44 PM
Me and my wife's 485s had LUDS on 2/18, 2/19 and 2/20. But no status change, and we know for sure we should be getting atleast one RFE. When we applied in July 07 we could not include my Wife's medical/vaccination reports with the application, but no RFE for that yet.
more...
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Imm_Exploited
07-30 11:42 AM
USCIS - FAQ2 on I-485 Filing (http://www.uscis.gov/files/pressrelease/FAQ2.pdf) Could be of some Relief
rbhatia88
Some of the answers by USCIS to some questions on the FAQ2 could be of some relief to you.
Here are some that could be directly related to your situation:
Q22: What will be the receipt date for employment-based adjustment applications filed between July 2, 2007 – July 17, 2007?
A22: In accordance with standard procedure, USCIS will generate receipt notices for all properly filed employment-based adjustment applications based on the date the applications were physically received by USCIS.
Q26: How will USCIS treat aliens who fell out of valid nonimmigrant status between July 2, 2007 – July 16, 2007 as a direct result of the inability to file for employment-based adjustment during that period?
A26. USCIS has discretion to consider extraordinary circumstances that are beyond the alien’s control and may forgive a short gap in status for such aliens.
Just ensure that you have proof of delivery of I-485 to the USCIS.
Sincerely - IE
rbhatia88
Some of the answers by USCIS to some questions on the FAQ2 could be of some relief to you.
Here are some that could be directly related to your situation:
Q22: What will be the receipt date for employment-based adjustment applications filed between July 2, 2007 – July 17, 2007?
A22: In accordance with standard procedure, USCIS will generate receipt notices for all properly filed employment-based adjustment applications based on the date the applications were physically received by USCIS.
Q26: How will USCIS treat aliens who fell out of valid nonimmigrant status between July 2, 2007 – July 16, 2007 as a direct result of the inability to file for employment-based adjustment during that period?
A26. USCIS has discretion to consider extraordinary circumstances that are beyond the alien’s control and may forgive a short gap in status for such aliens.
Just ensure that you have proof of delivery of I-485 to the USCIS.
Sincerely - IE
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EB3_SEP04
05-18 03:16 PM
I agree with you. One of my friends got RFE regarding Birth Ceritificates and medical certificates. I would not be surprised if they ask me the same.
So, how did you submit the Birth certificate then? Can you please share the experience?
My brother managed to get one for me. the issue was that my BC had wrong date and first name (my uncle had reported my birth with that name which was never used again). My brother talked to the officials, gave affidavits, chai-paani etc and they agreed to correct date and put both first names with a slash(/) in between. phew ...what an experience dealing with the Indian beauraucrats.
So, how did you submit the Birth certificate then? Can you please share the experience?
My brother managed to get one for me. the issue was that my BC had wrong date and first name (my uncle had reported my birth with that name which was never used again). My brother talked to the officials, gave affidavits, chai-paani etc and they agreed to correct date and put both first names with a slash(/) in between. phew ...what an experience dealing with the Indian beauraucrats.
more...
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DDLMODES
07-06 10:17 AM
What the hell on earth is this? Do you know for sure they have ignored it? Do not add masala to the existing crap. Do you understand the consequences of these kind of spiced up stuff? We all would be sulking in the security check for ever, if DHS gets pissed off or gets a congressional hearing and the authorities get lambasted over this. You are seeing how doctors are being implicated in UK and all over. Security is the most important thing right now on this planet and western world is agog over security. I dont know from where Greg Siskind and Jay Solomon got the tip off. They tipped each of their hats off and put the story in our brains to run the show. Security is not a Joke. Do not make it a bigger issue unless you dont know whether it really has happened. The consequences can be pretty dangerous to the extent of revoking all the issued GC's in the past 20 days, if congress gets high on this. I dont know what lawyers want, but my understanding is none of us want to have negative consequences of this issue.
No matter who screwed up, we should be conveying the following message after we say that USCIS/DOS goofed up.
"The root cause of the situation is the inability of
a) DOS/USCIS to recapture the visa numbers from previous years
b) to carry forward the unused numbers for atleast one year
If congress makes the needed legislative changes to solve the above two issues, USCIS/DOS will not be in the ugliest predicaments like they are in right now"
Its our choice to make USCIS/DOS our enemies or we get compassionate to the situation considering how arcane the current laws are. We agree or not, we have to work with them going forward. Just that they are down and we are on a bashing spree right now doesnt mean that it will be situation for ever.
Agreed 100 % !
Stop spreading RUMORS that can hurt us guys !
:mad:
No matter who screwed up, we should be conveying the following message after we say that USCIS/DOS goofed up.
"The root cause of the situation is the inability of
a) DOS/USCIS to recapture the visa numbers from previous years
b) to carry forward the unused numbers for atleast one year
If congress makes the needed legislative changes to solve the above two issues, USCIS/DOS will not be in the ugliest predicaments like they are in right now"
Its our choice to make USCIS/DOS our enemies or we get compassionate to the situation considering how arcane the current laws are. We agree or not, we have to work with them going forward. Just that they are down and we are on a bashing spree right now doesnt mean that it will be situation for ever.
Agreed 100 % !
Stop spreading RUMORS that can hurt us guys !
:mad:
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singhsa3
09-12 10:51 AM
It is a good idea, can please register your vote against "simple letter"
In my opinion, we should do this:
Just send two information to USCIS, DOS, President, VP, First Lady and all Congress person of the following:
1. 1st info should have a photocopy of our degree certificate(s). On the same page, print your expereince in years and total tax paid till date to the US government.
2. On a fresh page, type in all the H1B/L VISA approval information and type in bold, we were wanted/invited here legally (and admitted via H1/L).
And, mention that our I140 is approved which means the immigration department has validated our eligibility to become PR.
Ask a question (larger font) on the same page, why keep us on limbo?
This would keep the whole thing short and sweet. We are explicitly saying that we are legals. And we were invited here - legally. We are approved by immigration team to be a PR.
If we could send couple of thousands of letters, I am sure it would have impact as much as any other letter we have in mind.
We are not humiliating them, we are just expressing our frustrations but in mass. May be we can say something like, "Legal Techie slaves in the land of liberty" or "Immigration process that enslave Legal Techies". But, we should keep it short.
As always, ignore this idea if you guys dont like it.
In my opinion, we should do this:
Just send two information to USCIS, DOS, President, VP, First Lady and all Congress person of the following:
1. 1st info should have a photocopy of our degree certificate(s). On the same page, print your expereince in years and total tax paid till date to the US government.
2. On a fresh page, type in all the H1B/L VISA approval information and type in bold, we were wanted/invited here legally (and admitted via H1/L).
And, mention that our I140 is approved which means the immigration department has validated our eligibility to become PR.
Ask a question (larger font) on the same page, why keep us on limbo?
This would keep the whole thing short and sweet. We are explicitly saying that we are legals. And we were invited here - legally. We are approved by immigration team to be a PR.
If we could send couple of thousands of letters, I am sure it would have impact as much as any other letter we have in mind.
We are not humiliating them, we are just expressing our frustrations but in mass. May be we can say something like, "Legal Techie slaves in the land of liberty" or "Immigration process that enslave Legal Techies". But, we should keep it short.
As always, ignore this idea if you guys dont like it.
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smc
07-23 09:45 PM
Am surprised that there is no communication from IV Core on this.
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09-11 12:05 PM
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makemygc
07-06 01:04 PM
He is trying to spin a news and get a answer of his comfort. Guyz never stop :)
Or may be he is in some mental shock and need some..you know what.
Or may be he is in some mental shock and need some..you know what.
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