legalVoice
06-03 12:06 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 :)
Well this is very confusing.
What if a person files the I-140 after May 15th and his/her I-140 is approved. Later assume that I-485 date becomes current for that particular person (before Oct 2008), he/she files for the AOS/I-485 (before Oct 2008). While the I-485 petition is pending the date Oct 2008 comes what happens then? Will this nulify the filed I-140?
Thanks
------------------------------------------------------------------------
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 :)
Well this is very confusing.
What if a person files the I-140 after May 15th and his/her I-140 is approved. Later assume that I-485 date becomes current for that particular person (before Oct 2008), he/she files for the AOS/I-485 (before Oct 2008). While the I-485 petition is pending the date Oct 2008 comes what happens then? Will this nulify the filed I-140?
Thanks
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shareef142
08-02 05:40 PM
Hello gurus,
I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.
I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.
jthomas
06-11 01:32 AM
Can we collectively find alternatives to move to other countries or going back home. I really don't think anything is going to happen for EB-I
we should collectively aim our approach to get SSA back and use up other benifits
J thomas
we should collectively aim our approach to get SSA back and use up other benifits
J thomas
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manusingh
02-07 02:42 PM
Nice to see something other than economy down, GC crisis. How your wife manage to do all this. I have two sisters and both are working hard to feed their in law, even before marriage their mother in law asked for giving 20% money to her son (doctor), so he can study, arrange all facilities for him.
So I am really not understanding how your wife can do all this to you? My sister's shoul take lessons from her.
So I am really not understanding how your wife can do all this to you? My sister's shoul take lessons from her.
more...
sparklinks
08-11 01:14 PM
As per the tracking no. given by my lawyer, my app also received at 7.55 AM on July 2nd, signed by R.Williams , but my check not cashed yet, no receipts yet, what a mess....
Mine also received at 7.55 AM on July 2nd, signed by R.Williams ... non of my checks cashed :confused:
Mine also received at 7.55 AM on July 2nd, signed by R.Williams ... non of my checks cashed :confused:
akhilmahajan
07-15 06:19 PM
Total So far 1535.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.
COME ON FOLKS HELP IV HELP YOURSELF.
COME ON FOLKS HELP IV HELP YOURSELF.
more...
paisa
07-06 02:15 PM
The USCIS automated line for Priority dates is still playing the PD's for June 2007 showing that EB India cut off June 1st 2003 etc..
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FT 2008 quota kicks in.
I think we should all chill and not worry what is going to happen. Have a beer. Say Happy Birthday to GW Bush. if the visas are over there is nothing USCIS can do. They cannot generate numbers automatically. So chill everyone.
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FT 2008 quota kicks in.
I think we should all chill and not worry what is going to happen. Have a beer. Say Happy Birthday to GW Bush. if the visas are over there is nothing USCIS can do. They cannot generate numbers automatically. So chill everyone.
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willwin
07-11 09:30 AM
If that is the case, why is there a big movement? I am assuming that the Jul 07 backlog has been significantly reduced and hence this big movement. Correct me if my assumption is wrong.
Yes, your assumption is wrong. The dates move when USCIS doesn't approve many cases ina month. That leaves DOS to believe that there are no enough demand and hence they move dates forward. but as I said, I am very positive that the movement is to facilitate CP to approve cases. I wont be surprised if they move EB2 further next month.
Yes, your assumption is wrong. The dates move when USCIS doesn't approve many cases ina month. That leaves DOS to believe that there are no enough demand and hence they move dates forward. but as I said, I am very positive that the movement is to facilitate CP to approve cases. I wont be surprised if they move EB2 further next month.
more...
badluck
07-24 01:18 PM
I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
Something is wrong it is impossible.... wait a minute your name is luckypaji....may be you are sardarji...just kidding brother dont get mad.:cool:
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
Something is wrong it is impossible.... wait a minute your name is luckypaji....may be you are sardarji...just kidding brother dont get mad.:cool:
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peacock
09-14 11:18 AM
Sent more email's this morning about the rally to a no of news papers,radio and TV stations including
Washington Business Journal
Washington City Paper
Washington Post
Washington Times
Washington Diplomat
C-SPAN Radio
National Public Radio (NPR)
Radio America
Voice of America
Public Interest
Fox News Channel
Financial Times
New York Observer
New York Times Syndicate
NBC News
Financial Times
Air America Radio
Newsweek ON AIR
RadioNation
Beaver Press
Blue Mountain Panorama
Box Elder News Journal
Deseret Morning News
Eagle Sentinel
FCCTV
WRC (NBC-4)
WTTG (Fox 5)
WUSA (CBS-9)
Pacifica Radio
ADA News & Notes
American Enterprise
American Prospect
American Spectator
Accuracy In Media
Also sent email's to this list of reporters
mcuban@hd.net,
wnelson@hd.net,
nytnews@nytimes.com,
news-tips@nytimes.com,
washington@nytimes.com,
AmericasNewsroom@foxnews.com,
satya.prakash@hindustantimes.com,
pmagazine@hindustantimes.com,
aditya.ghosh@hindustantimes.com,
Fatherjonathan@foxnews.com,
Drmanny@foxnews.com,
Beltway@foxnews.com,
Myword@foxnews.com,
Bigstory-weekend@foxnews.com,
Bigstoryweekend@foxnews.com,
Bullsandbears@foxnews.com,
Cash@foxnews.com,
Cavuto@foxnews.com,
Fncimag@foxnews.com,
Forbes@foxnews.com,
Friends@foxnews.com,
Feedback@foxnews.com,
Jamie@foxnews.com,
Fncspecials@foxnews.com,
FNS@foxnews.com,
Newswatch@foxnews.com,
Foxreport@foxnews.com,
Atlarge@foxnews.com,
Heartland@foxnews.com,
JER@foxnews.com,
Lineup@foxnews.com,
Ontherecord@foxnews.com,
Oreilly@foxnews.com,
Redeye@foxnews.com,
Special@foxnews.com,
Studiob@foxnews.com,
Hemmer@foxnews.com,
Colonelscorner@foxnews.com,
Housecall@foxnews.com,
Hannity@foxnews.com,
Colmes@foxnews.com,
Letters@newsweek.com,
Customer.Care@newsweek.com,
viewerservices@msnbc.com,
today@nbc.com,
wt@nbc.com,
mtp@nbc.com,
abc.news.magazines@abc.com,
[email]letters@msnbc.com
__________
Washington Business Journal
Washington City Paper
Washington Post
Washington Times
Washington Diplomat
C-SPAN Radio
National Public Radio (NPR)
Radio America
Voice of America
Public Interest
Fox News Channel
Financial Times
New York Observer
New York Times Syndicate
NBC News
Financial Times
Air America Radio
Newsweek ON AIR
RadioNation
Beaver Press
Blue Mountain Panorama
Box Elder News Journal
Deseret Morning News
Eagle Sentinel
FCCTV
WRC (NBC-4)
WTTG (Fox 5)
WUSA (CBS-9)
Pacifica Radio
ADA News & Notes
American Enterprise
American Prospect
American Spectator
Accuracy In Media
Also sent email's to this list of reporters
mcuban@hd.net,
wnelson@hd.net,
nytnews@nytimes.com,
news-tips@nytimes.com,
washington@nytimes.com,
AmericasNewsroom@foxnews.com,
satya.prakash@hindustantimes.com,
pmagazine@hindustantimes.com,
aditya.ghosh@hindustantimes.com,
Fatherjonathan@foxnews.com,
Drmanny@foxnews.com,
Beltway@foxnews.com,
Myword@foxnews.com,
Bigstory-weekend@foxnews.com,
Bigstoryweekend@foxnews.com,
Bullsandbears@foxnews.com,
Cash@foxnews.com,
Cavuto@foxnews.com,
Fncimag@foxnews.com,
Forbes@foxnews.com,
Friends@foxnews.com,
Feedback@foxnews.com,
Jamie@foxnews.com,
Fncspecials@foxnews.com,
FNS@foxnews.com,
Newswatch@foxnews.com,
Foxreport@foxnews.com,
Atlarge@foxnews.com,
Heartland@foxnews.com,
JER@foxnews.com,
Lineup@foxnews.com,
Ontherecord@foxnews.com,
Oreilly@foxnews.com,
Redeye@foxnews.com,
Special@foxnews.com,
Studiob@foxnews.com,
Hemmer@foxnews.com,
Colonelscorner@foxnews.com,
Housecall@foxnews.com,
Hannity@foxnews.com,
Colmes@foxnews.com,
Letters@newsweek.com,
Customer.Care@newsweek.com,
viewerservices@msnbc.com,
today@nbc.com,
wt@nbc.com,
mtp@nbc.com,
abc.news.magazines@abc.com,
[email]letters@msnbc.com
__________
more...
JunRN
10-05 04:26 AM
In my opinion, the chance is really slim....I even think that it will never pass unless a stand-alone bill without any other attachment is the best option.
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chanduv23
05-14 01:46 PM
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
I agree. And we also need more information on such topics. We need a '101' so that people are aware.
I agree. And we also need more information on such topics. We need a '101' so that people are aware.
more...
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nixstor
04-30 03:16 PM
Who is this rep from Chicago? Is that Guiterrez. Ripping apart King's argument.
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matreen
07-15 03:00 PM
Contributed 25 dollars via bill pay...
How do I contribute online - i would like to transfer one time payment for this tread to IV....
Please advice how do I do online transfer?
Good work guys...lets move on.
M
How do I contribute online - i would like to transfer one time payment for this tread to IV....
Please advice how do I do online transfer?
Good work guys...lets move on.
M
more...
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immig4me
05-07 08:12 AM
Called 3 of the senators in tier one. Their responses from the first days to now is slightly different. Initially, they would say that they are against amnesty or we have not read the draft..... now the responses are like, the senator is reviewing the draft, he understands that you have followed the law.......
I hope this is because of our efforts; please IV members continue with this phone campaign, even if you have already called once. Encourage your friends to do the same. This will make a difference guys, we are making the difference :)
I hope this is because of our efforts; please IV members continue with this phone campaign, even if you have already called once. Encourage your friends to do the same. This will make a difference guys, we are making the difference :)
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dval_dpal
12-11 08:03 PM
i have seen so many people got approved from wells fargo on 485 pending stage???
i'm in same problem if somebody can light on this.....
Is 485 application notice and Ead plus I 140 will be enought for Refinance from well fargo?
i have current mortgage with well fargo and i'm trying to do refinance after 4 years with good credit history with no payment missed in last 4 years.
any help would be really helpful to talk with wells fargo
thank you
i'm in same problem if somebody can light on this.....
Is 485 application notice and Ead plus I 140 will be enought for Refinance from well fargo?
i have current mortgage with well fargo and i'm trying to do refinance after 4 years with good credit history with no payment missed in last 4 years.
any help would be really helpful to talk with wells fargo
thank you
more...
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addsf345
12-04 05:40 PM
addsf345, did you get the answers? if yes, please share. Thanks much.:)
Well, find them below.
1. Will this immediately cancel my EAD? if so, I may have to resign.
EAD most likely doesn't get cancelled immediately. Find a post by 'lazycis' on this thread. Even if it gets, which is rare, one can still continue working on EAD. I know this sounds not right, but again search this thread. This is confirmed by few replies and ref links are provided to RG's website.
2. If I continue working while filling for MTR, will it be illegal?
again... look for links to RG's website for this. As per RG, this is considered as something 'beyong applicant's control' i.e. an applicant has nothing illegal, but CIS committed an error, so an applicant can not be punished for CIS error. My personal opinion is, it is always much safer if you have a good experienced immigration attorney on your side.
3. How much it costs to go thru' MTR process? How long it takes?
Most likely 60 - 90 days. Costs can vary, but it is not really really high.
again, like most ppl say in their signature, I am not a lawyer. So take professional advice first.
Well, find them below.
1. Will this immediately cancel my EAD? if so, I may have to resign.
EAD most likely doesn't get cancelled immediately. Find a post by 'lazycis' on this thread. Even if it gets, which is rare, one can still continue working on EAD. I know this sounds not right, but again search this thread. This is confirmed by few replies and ref links are provided to RG's website.
2. If I continue working while filling for MTR, will it be illegal?
again... look for links to RG's website for this. As per RG, this is considered as something 'beyong applicant's control' i.e. an applicant has nothing illegal, but CIS committed an error, so an applicant can not be punished for CIS error. My personal opinion is, it is always much safer if you have a good experienced immigration attorney on your side.
3. How much it costs to go thru' MTR process? How long it takes?
Most likely 60 - 90 days. Costs can vary, but it is not really really high.
again, like most ppl say in their signature, I am not a lawyer. So take professional advice first.
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Raju
08-05 09:47 AM
In continuation to my posting from the previous thread (http://immigrationvoice.org/forum/showthread.php?t=20598), I have made some changes to the draft letter based on the comments received from few members. Now I have two versions of the same letters, one for TSC petitioners and other for NSC petitioners. This letter addresses the delay in processing of I-140 petitions at TSC & NSC.
Here are guidelines to mail this letter (pick the letter that corresponds the service center where your I-140 is pending):
1. Please review the corrected draft letters and post any constructive comments on this thread to make it more effective. You can do so until 08/07/2008 (August 7th 2008)
2. Based on the comments and suggestions received, I'll post the final version of the letter to be mailed on this thread on 08/08/2008 (August 8th 2008)
3. Members can then copy/paste the letter onto a word document and then along with completed DHS Form 7001, mail the documents to USCIS Ombudsman's office early next week(08/11/2008 through 08/15/2008). Please note that this form needs to get your employers signature ( or whoever is the petitioner) as we are checking on an I-140 petition.
4. You can find DHS Form 7001 at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
5. Please make sure, you provide complete and correct information on this form to be mailed to Ombudsman's office. All forms with incomplete and fake names will be ignored by the Ombudsman's office. So please provide the correct information to the Ombudsman's office for them to investigate this issue.
6. Once all the forms and letters reaches the USCIS Ombudsman's office they will need atleast 4 weeks to look into this problem and send you a response. They are obligated to send you a response, since you sent them a completed Form 7001 inquiring about your case.
7. Please post the responses you receive from Ombudsman's office on this thread. Based on the responses we receive, we can compile the responses and then take the next course of action with IV core's guidance.
Please feel free to post any questions or clarifications you need before mailing this letter.
Don't we need the consent of the petitioner (employer)? Please see the line item # 15.
Here are guidelines to mail this letter (pick the letter that corresponds the service center where your I-140 is pending):
1. Please review the corrected draft letters and post any constructive comments on this thread to make it more effective. You can do so until 08/07/2008 (August 7th 2008)
2. Based on the comments and suggestions received, I'll post the final version of the letter to be mailed on this thread on 08/08/2008 (August 8th 2008)
3. Members can then copy/paste the letter onto a word document and then along with completed DHS Form 7001, mail the documents to USCIS Ombudsman's office early next week(08/11/2008 through 08/15/2008). Please note that this form needs to get your employers signature ( or whoever is the petitioner) as we are checking on an I-140 petition.
4. You can find DHS Form 7001 at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
5. Please make sure, you provide complete and correct information on this form to be mailed to Ombudsman's office. All forms with incomplete and fake names will be ignored by the Ombudsman's office. So please provide the correct information to the Ombudsman's office for them to investigate this issue.
6. Once all the forms and letters reaches the USCIS Ombudsman's office they will need atleast 4 weeks to look into this problem and send you a response. They are obligated to send you a response, since you sent them a completed Form 7001 inquiring about your case.
7. Please post the responses you receive from Ombudsman's office on this thread. Based on the responses we receive, we can compile the responses and then take the next course of action with IV core's guidance.
Please feel free to post any questions or clarifications you need before mailing this letter.
Don't we need the consent of the petitioner (employer)? Please see the line item # 15.
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pani_6
07-24 07:40 PM
EB-3 I wake up and send the letter out..we need to make relevant authorities aware of our situation. Uncertanity and doom stares us come on EB-3 I lets see some action!
eb3retro
07-11 09:31 AM
congratulations to all EB2'ers and hoping that one day there will be this kind of good news for eb3 folks who have been waiting pretty long.
Libra
09-10 10:51 AM
thank you glen and chiragmodi for your contributions. on receipt tracking thread people even thinking(may be later) of sacrificing animals for receipts but not contributing. so sick.
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