sagis99
08-08 10:33 AM
FYI:
Here is a quote from an email i received from the Ombudsman's office:
"Our office is in fact at this time actively probing the I-140 situation you describe generally."
This was in response to an e-mail i sent them, describing the situation (my wife's I-140 from April 2008 got approved before mine, which was submitted, you guessed it, on July 2007)
So maybe there's some hope here, who knows.
Here is a quote from an email i received from the Ombudsman's office:
"Our office is in fact at this time actively probing the I-140 situation you describe generally."
This was in response to an e-mail i sent them, describing the situation (my wife's I-140 from April 2008 got approved before mine, which was submitted, you guessed it, on July 2007)
So maybe there's some hope here, who knows.
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ragz4u
03-08 01:38 PM
She prefers the way the chairman's markup as it is right now
eb3_2004
07-23 03:57 PM
That gives me some hope..My PD is EB3 India Oct 2004...I am filing 485 now..hope I get GC in 2 years from now!!!!
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ilwaiting
04-25 12:05 PM
Canada, Australia, UK(may be few more countries) does enable the applicant to handle the case rather than being sponsored by employer beause they do not have Many Non-immigrant Worker options as USA does. So they have to apply for a PR from outside the country.
Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?
Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".
Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?
Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".
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beppenyc
03-16 10:15 AM
Frist Sets Date for Immigration Debate
(CNSNews.com) - Senate Majority Leader Bill Frist said he will bring an immigration reform bill to the Senate floor later this month, something that will force debate on a guest worker program supported by some Republicans but opposed by others. The Judiciary Committee hasn't completed work on what it calls a "very complicated" bill: Critics oppose any moves to give temporary workers amnesty. The House passed an immigration bill last year that does not address the guest worker issue. Read News on the Web
(CNSNews.com) - Senate Majority Leader Bill Frist said he will bring an immigration reform bill to the Senate floor later this month, something that will force debate on a guest worker program supported by some Republicans but opposed by others. The Judiciary Committee hasn't completed work on what it calls a "very complicated" bill: Critics oppose any moves to give temporary workers amnesty. The House passed an immigration bill last year that does not address the guest worker issue. Read News on the Web
Macaca
09-15 10:18 AM
Caught in a bureaucratic black hole Applicants seeking U.S. citizenship languish for years as the FBI conducts cumbersome records checks (http://immigrationvoice.org/forum/showpost.php?p=162416&postcount=1062) Lawsuits are a result By Anna Gorman (anna.gorman@latimes.com) | Los Angeles Times Staff Writer, September 10, 2007
A Solution Seen to �Brain Drain� (http://immigrationvoice.org/forum/showpost.php?p=154885&postcount=995) By STEVE LOHR (slohr@nytimes.com) | New York Times, August 27, 2007
"Reverse brain drain" threatens U.S. competitiveness, study says (http://immigrationvoice.org/forum/showpost.php?p=151661&postcount=960) By RACHEL KONRAD (rkonrad@ap.org) | AP Business Writer, 08/21/2007
Land of the Less-Free (http://www.latimes.com/news/opinion/web/la-oew-welch21aug21,1,291082.story) New passport and child-support laws are making the country less free for law abiding citizens By Matt Welch (matt.welch@latimes.com) | LA Times, August 21, 2007
Immigration Activists March in L.A. (http://hosted.ap.org/dynamic/stories/I/IMMIGRATION_ACTIVIST?SITE=PASTR&SECTION=HOME&TEMPLATE=DEFAULT) By CHRISTOPHER WEBER (cweber@ap.org) | Associated Press Writer, Aug 25 2007
Lofgren battles steep rise in fees immigrants pay (http://immigrationvoice.org/forum/showpost.php?p=137273&postcount=869) By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, August 1, 2007
Immigrant rights protesters rally at Capitol (http://immigrationvoice.org/forum/showpost.php?p=75396&postcount=38) By Molly Hennessy-Fiske (molly.hennessy-fiske@latimes.com), Times Staff Writer, June 2, 2007
Tech industry to keep pressing visa needs IMMIGRATION REFORM'S COLLAPSE GETS FIRMS LOOKING ABROAD (http://immigrationvoice.org/forum/showpost.php?p=104996&postcount=664) By Frank Davies (fdavies@mercurynews.com or (202) 662-8921), MediaNews Washington Bureau, 07/09/2007
Microsoft moves north Unable to meet its hiring needs because of U.S. immigration policy, the software company is opening an office in Vancouver (http://immigrationvoice.org/forum/showpost.php?p=105200&postcount=666) LA Times Editorial (letters@latimes.com), July 10, 2007
A Solution Seen to �Brain Drain� (http://immigrationvoice.org/forum/showpost.php?p=154885&postcount=995) By STEVE LOHR (slohr@nytimes.com) | New York Times, August 27, 2007
"Reverse brain drain" threatens U.S. competitiveness, study says (http://immigrationvoice.org/forum/showpost.php?p=151661&postcount=960) By RACHEL KONRAD (rkonrad@ap.org) | AP Business Writer, 08/21/2007
Land of the Less-Free (http://www.latimes.com/news/opinion/web/la-oew-welch21aug21,1,291082.story) New passport and child-support laws are making the country less free for law abiding citizens By Matt Welch (matt.welch@latimes.com) | LA Times, August 21, 2007
Immigration Activists March in L.A. (http://hosted.ap.org/dynamic/stories/I/IMMIGRATION_ACTIVIST?SITE=PASTR&SECTION=HOME&TEMPLATE=DEFAULT) By CHRISTOPHER WEBER (cweber@ap.org) | Associated Press Writer, Aug 25 2007
Lofgren battles steep rise in fees immigrants pay (http://immigrationvoice.org/forum/showpost.php?p=137273&postcount=869) By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, August 1, 2007
Immigrant rights protesters rally at Capitol (http://immigrationvoice.org/forum/showpost.php?p=75396&postcount=38) By Molly Hennessy-Fiske (molly.hennessy-fiske@latimes.com), Times Staff Writer, June 2, 2007
Tech industry to keep pressing visa needs IMMIGRATION REFORM'S COLLAPSE GETS FIRMS LOOKING ABROAD (http://immigrationvoice.org/forum/showpost.php?p=104996&postcount=664) By Frank Davies (fdavies@mercurynews.com or (202) 662-8921), MediaNews Washington Bureau, 07/09/2007
Microsoft moves north Unable to meet its hiring needs because of U.S. immigration policy, the software company is opening an office in Vancouver (http://immigrationvoice.org/forum/showpost.php?p=105200&postcount=666) LA Times Editorial (letters@latimes.com), July 10, 2007
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Kodi
06-04 01:38 PM
company size, Ability to pay issues, H1B dependent company, If any greencard denials have happened in the past, degree+ experience issue, labor subs...
Thanks Pappu. I will check with my lawyer before we file.
Thanks Pappu. I will check with my lawyer before we file.
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gene77
03-20 12:43 PM
Folks,
I'm on H1 and my wife is on H4. We have both got our EADs and have visa stamps till Jun 2010.
Can my wife switch to the EAD status and start working even though I remain on H1 status till my visa expiry? Is this allowed?
If yes, then can she travel on AP while I'm still on H1 visa?
If we're both re-entering the US, can the IO ask why is the spouse on EAD/AP and not the primary applicant?
Thank you very much!
I'm on H1 and my wife is on H4. We have both got our EADs and have visa stamps till Jun 2010.
Can my wife switch to the EAD status and start working even though I remain on H1 status till my visa expiry? Is this allowed?
If yes, then can she travel on AP while I'm still on H1 visa?
If we're both re-entering the US, can the IO ask why is the spouse on EAD/AP and not the primary applicant?
Thank you very much!
more...
immihelp1
09-10 08:33 PM
A small contribution of $100 for a massive effort by IV
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diptam
08-02 04:00 PM
Whenever i read your Post i feel Good - The Rep that i spoke to USCIS told me that July 2nd filers has minimum wait till Aug 15th :D
By the way there is a Prediction for OCT Bulletin in Market >>
EB3 India retrogressed to MAY 2001 and so on , so forth - Enjoy...
http://www.bibdaily.com/pdfs/Jan%20P...n%208-2-07.pdf
I had an email conversation with my lawyer regarding 180 day portability. She said that the count for 180 days should begin with notice date for safe side.
However the count begins with Receipt Date which is a day or 2 off from the actual application receive date (mail received date).
This is what i got from my lawyer.
By the way there is a Prediction for OCT Bulletin in Market >>
EB3 India retrogressed to MAY 2001 and so on , so forth - Enjoy...
http://www.bibdaily.com/pdfs/Jan%20P...n%208-2-07.pdf
I had an email conversation with my lawyer regarding 180 day portability. She said that the count for 180 days should begin with notice date for safe side.
However the count begins with Receipt Date which is a day or 2 off from the actual application receive date (mail received date).
This is what i got from my lawyer.
more...
reddymjm
07-14 10:31 PM
I understand your pain ( I am in the same boat ). EB3-I PD:June 2003. All we can do is keep the struggle going.
Why should you contribute, because if it wasnt for IV following up with Congresswoman Lofgren, your signature would simply read:
"PD Date: 03/2003 EB3,i140 aprvd from NSC: 09/2005".
I am a JUN filer. JUL 07 killed me.
Why should you contribute, because if it wasnt for IV following up with Congresswoman Lofgren, your signature would simply read:
"PD Date: 03/2003 EB3,i140 aprvd from NSC: 09/2005".
I am a JUN filer. JUL 07 killed me.
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ivar
12-11 02:12 PM
There could be lots of folks who missed July 07 fiasco. For the people who were able to file during July 07 that EAD is working as good as green card for now.. wish we could. Here is my case if that makes you feel little better that there are lots of people who missed the boat, I Had approved labor with PD Mar 06 and I-140 and i changed my Job in Mar 07 because of issues with desi company. I never imagined that dates will become current in just three months.. :mad:
Now i am still waiting for my labor.. I recently got three years H1b extension. This extension seems like green card to me :o
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
Now i am still waiting for my labor.. I recently got three years H1b extension. This extension seems like green card to me :o
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
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pappu
06-10 01:08 PM
USCIS to Issue Two-Year EAD for I-485 Waiters at End of June 2008
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."
That is the victory due to our admin fixes campaign. Your thousands of letters are working here.
We had received good feedback in our meetings with the administration.
The whole process of making final announcements is just too slow!!
We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."
That is the victory due to our admin fixes campaign. Your thousands of letters are working here.
We had received good feedback in our meetings with the administration.
The whole process of making final announcements is just too slow!!
We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.
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sanjuatl
09-12 05:10 PM
Count me IN ......
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Suva
07-18 02:57 PM
Don't get disapointed. The date would retrogress to 2003/2004 very soon. So most of the applicants whose PD is after the cutoff date would not qualify for approvals. As your PD is very old you would be benifitted as you would be current in this case.
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
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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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oliTwist
08-12 03:09 PM
Do not generalise all consulting companies...At least people working in these consulting companies sponsored GC and buying house and spending their money here. Most of the fradulent GC process was done by these croocked indian companies. They exploited the EB1C system to the maximum extend. Most of the times, they are not filing the GC and keep the employees as slaves or they exploit the EB1c fo their boot lickers.
Does anyone know such a bootlicker getting EB1c based GC? I wonder what a smart aleck that guy must been. There was a piece on NYT about India's penchant with lines and cutting lines by the uppity mongers..:D
Does anyone know such a bootlicker getting EB1c based GC? I wonder what a smart aleck that guy must been. There was a piece on NYT about India's penchant with lines and cutting lines by the uppity mongers..:D
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ganesha
02-18 11:30 PM
It would move by 2 or 3 months at the max.
The first bulletin with Eb1 and Eb2 spill over.
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
The first bulletin with Eb1 and Eb2 spill over.
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
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Zee
07-04 05:17 PM
I sent an email to all 100 senators, hopefully they will reply.
snathan
05-02 01:13 PM
Good job Admin2.
Folks with ITINs,
Please file for SSNs quoting this stimulus package and get the refund. If someone tries and SSA refuses, we can take it up with legislators or even pursue litigation.
I will try with SSA and update you...may be next month.
Folks with ITINs,
Please file for SSNs quoting this stimulus package and get the refund. If someone tries and SSA refuses, we can take it up with legislators or even pursue litigation.
I will try with SSA and update you...may be next month.
vbkris77
08-12 11:08 AM
So much for unions to support them for mid term elections.. Come next year, if dems still have same majority, H1B/L1B word will be removed from India's IT dictionary..
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