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
chanduv23
04-30 02:27 PM
The link got working again, but nothing is happening as of yet.
Is there audio?
Is there audio?
sukhwinderd
09-12 11:04 AM
Order Details - Sep 12, 2007 11:01 AM EDT
Google Order #546380134380844
just contributed $100 .. will try to attend rally.
Google Order #546380134380844
just contributed $100 .. will try to attend rally.
susie
07-15 11:18 AM
Hi
Here is one draft, not sure if it is the final draft and still checking, but this gives you and idea of our thoughts
Dear Rep./Sen./Readers
Expat�s Voice: Representing the Expat Community
We at Expat�s Voice ask for your support in achieving genuinely comprehensive and fair immigration reform.
Our organization represents thousands of members who have legally immigrated to the United States, including immigrant and nonimmigrant visa holders, and those that are awaiting immigration. The diversity of our membership means we truly understand first hand the problems with the current immigration system.
We commend the work of the Government in attempting to bring in much needed reform. However, the rights of many, specifically of children and of legal immigrants are being overlooked, and we want to bring the pertinent issues to your attention.
First, we ask for a much needed compassionate visa. Many of our members, due to immigration related reasons cannot leave the country without repercussions for their visa status. They have elderly Parents and other relatives in seriously ill condition. Similarly, our own families have not been allowed to enter the USA on a compassionate basis. My own husband passed away last year, but my son was refused a temporary visa to pay his last respects because of problems with �immigrant intent.� The US Embassy showed no compassion or common sense. Yet due to the unfairness of the system, many families have to suffer this type of humiliation on a regular basis as a result of the system, largely because of reasons of mere technicalities. This has to change.
Second, we support all measures that protect children. They are innocent in the whole immigration process whether brought to this country legally or illegally. The US Government has failed repeatedly to bring the Dream Act to fruition. We ask that ALL children, whether having entered the USA illegally or under legal nonimmigrant status, who can bring so much benefit to this country�s future be recognized and protected as soon as possible. There is ambiguity as to whether the Dream Act protects all children the meet the criteria or only illegal children; if it is the latter it needs to expanded to cover legal migrant children, whose Parents have respected and abided with US immigration laws. In addition, the legislation would not prevent certain nonimmigrant dependent (such as E dependents) from aging out at 21 unless they meet certain criteria. Therefore, we also ask for an amendment to the Child Protection Status Act of 2002 (CSPA), if not in the Dream Bill, to prevent these families from being separated when the child reaches 21.
Third, many children �age out� due to the long waiting periods involved with family-based petitions. The Child Protection Status Act of 2002 (CSPA) was intended to address many of these issues, but the legislation has simply failed in this aim. Many of our members are now stuck in their country of residence, despite their Parents and younger siblings having already immigrated to the USA. The CSPA was designed to ensure children who aged out were awarded earlier priority dates associated with their previous petition to prevent being forced to the back of the line with a new petition and new priority date (and, when taking into account the waits associated with both the original petition and the subsequent petition after aging out, this can cause waits in excess of 30 years). However, the failure of the USCIS to apply this law correctly, because of an ambiguity in the way section 3 (INS, section 203(h)) is drafted, and the fact no visa advisory opinion nor any rules have been issued after four and half years since the CSPA was enacted, means many families remain separated.
Fourth, many of our members are E2 and L1 visa holders. They contribute millions of dollars to the US economy and provide employment to many American citizens. However, despite being in this country legally and providing many benefits, they are treated like second class members in the USA. Our E2 members have to return to their country every two years to renew their visa, with no guarantee of visa renewal putting their investment and the American employees at serious risk. This is compounded with severe delays in visa processing times, particularly in London. Despite providing these benefits, often for more than a decade, it is very disappointing that our members do not have a direct path to citizenship. What is even more surprising is that despite having abided by and respected US laws, it is the illegal immigrants who stand to directly benefit from the Strive Bill with a direct path to permanent residency and citizenship.
Our members, many of who are British citizens, feel cheated by the US Government. Much is spoken of our �special relationship,� but in practice it seems the rights of illegal immigrants take priority. Further, many have suffered from poor treatment by immigration and enforcement officials, but we remain patient and respectful. As an organization we are neither for nor against the rights of illegal immigrants. We simply ask that our commitment and duty to this country be recognized with at least equal reward and that you support Rep. Heather Wilson�s proposed E2 Nonimmigrant Investor Adjustment Act of 2007. We do, however, believe the 3,000 proposed figure will create a backlog of investor immigrants and so urge you to remove the proposed cap, or support a larger number and/or also introduce an annual increase to meet market demand.
In sum we ask you for fair reforms: to recognize the principle of family reunification through amendments to the CSPA; to reward those who abide by and respect US laws to at least the same level as those that don�t; to treat the children with compassion and open arms by giving them an opportunity to remain in and benefit this great country; and to show compassion and prevent humiliation to many thousands of families, by allowing family members to be with their loved one on a temporary basis in their time of need and often in their last moments, both in the USA and outside the USA.
For more information please also visit us at www.expatsvoice.org. We have also included an appendix discussing the issues more fully with draft amendments and explanations to provide solutions to the above issues.
Sincerely,
Mrs. S Ward
For and on behalf of
Expats Voice
www.expatsvoice.org
Here is one draft, not sure if it is the final draft and still checking, but this gives you and idea of our thoughts
Dear Rep./Sen./Readers
Expat�s Voice: Representing the Expat Community
We at Expat�s Voice ask for your support in achieving genuinely comprehensive and fair immigration reform.
Our organization represents thousands of members who have legally immigrated to the United States, including immigrant and nonimmigrant visa holders, and those that are awaiting immigration. The diversity of our membership means we truly understand first hand the problems with the current immigration system.
We commend the work of the Government in attempting to bring in much needed reform. However, the rights of many, specifically of children and of legal immigrants are being overlooked, and we want to bring the pertinent issues to your attention.
First, we ask for a much needed compassionate visa. Many of our members, due to immigration related reasons cannot leave the country without repercussions for their visa status. They have elderly Parents and other relatives in seriously ill condition. Similarly, our own families have not been allowed to enter the USA on a compassionate basis. My own husband passed away last year, but my son was refused a temporary visa to pay his last respects because of problems with �immigrant intent.� The US Embassy showed no compassion or common sense. Yet due to the unfairness of the system, many families have to suffer this type of humiliation on a regular basis as a result of the system, largely because of reasons of mere technicalities. This has to change.
Second, we support all measures that protect children. They are innocent in the whole immigration process whether brought to this country legally or illegally. The US Government has failed repeatedly to bring the Dream Act to fruition. We ask that ALL children, whether having entered the USA illegally or under legal nonimmigrant status, who can bring so much benefit to this country�s future be recognized and protected as soon as possible. There is ambiguity as to whether the Dream Act protects all children the meet the criteria or only illegal children; if it is the latter it needs to expanded to cover legal migrant children, whose Parents have respected and abided with US immigration laws. In addition, the legislation would not prevent certain nonimmigrant dependent (such as E dependents) from aging out at 21 unless they meet certain criteria. Therefore, we also ask for an amendment to the Child Protection Status Act of 2002 (CSPA), if not in the Dream Bill, to prevent these families from being separated when the child reaches 21.
Third, many children �age out� due to the long waiting periods involved with family-based petitions. The Child Protection Status Act of 2002 (CSPA) was intended to address many of these issues, but the legislation has simply failed in this aim. Many of our members are now stuck in their country of residence, despite their Parents and younger siblings having already immigrated to the USA. The CSPA was designed to ensure children who aged out were awarded earlier priority dates associated with their previous petition to prevent being forced to the back of the line with a new petition and new priority date (and, when taking into account the waits associated with both the original petition and the subsequent petition after aging out, this can cause waits in excess of 30 years). However, the failure of the USCIS to apply this law correctly, because of an ambiguity in the way section 3 (INS, section 203(h)) is drafted, and the fact no visa advisory opinion nor any rules have been issued after four and half years since the CSPA was enacted, means many families remain separated.
Fourth, many of our members are E2 and L1 visa holders. They contribute millions of dollars to the US economy and provide employment to many American citizens. However, despite being in this country legally and providing many benefits, they are treated like second class members in the USA. Our E2 members have to return to their country every two years to renew their visa, with no guarantee of visa renewal putting their investment and the American employees at serious risk. This is compounded with severe delays in visa processing times, particularly in London. Despite providing these benefits, often for more than a decade, it is very disappointing that our members do not have a direct path to citizenship. What is even more surprising is that despite having abided by and respected US laws, it is the illegal immigrants who stand to directly benefit from the Strive Bill with a direct path to permanent residency and citizenship.
Our members, many of who are British citizens, feel cheated by the US Government. Much is spoken of our �special relationship,� but in practice it seems the rights of illegal immigrants take priority. Further, many have suffered from poor treatment by immigration and enforcement officials, but we remain patient and respectful. As an organization we are neither for nor against the rights of illegal immigrants. We simply ask that our commitment and duty to this country be recognized with at least equal reward and that you support Rep. Heather Wilson�s proposed E2 Nonimmigrant Investor Adjustment Act of 2007. We do, however, believe the 3,000 proposed figure will create a backlog of investor immigrants and so urge you to remove the proposed cap, or support a larger number and/or also introduce an annual increase to meet market demand.
In sum we ask you for fair reforms: to recognize the principle of family reunification through amendments to the CSPA; to reward those who abide by and respect US laws to at least the same level as those that don�t; to treat the children with compassion and open arms by giving them an opportunity to remain in and benefit this great country; and to show compassion and prevent humiliation to many thousands of families, by allowing family members to be with their loved one on a temporary basis in their time of need and often in their last moments, both in the USA and outside the USA.
For more information please also visit us at www.expatsvoice.org. We have also included an appendix discussing the issues more fully with draft amendments and explanations to provide solutions to the above issues.
Sincerely,
Mrs. S Ward
For and on behalf of
Expats Voice
www.expatsvoice.org
more...
texanmom
09-12 01:35 PM
Macaca-
If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!
"Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
So overall, we are talking 10+ years to get permanant residency in a majority of cases.
"Skilled immigrants have waited patiently for 2+ years"
Are we just talking about 2 yrs to see if there is going to be some reform?
If you don't want to get into the trouble of debating how many years, just say that it is unreasonable....
If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!
"Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
So overall, we are talking 10+ years to get permanant residency in a majority of cases.
"Skilled immigrants have waited patiently for 2+ years"
Are we just talking about 2 yrs to see if there is going to be some reform?
If you don't want to get into the trouble of debating how many years, just say that it is unreasonable....
Jaime
09-12 04:37 PM
Bump
more...
gcisadawg
02-09 12:47 AM
Did I even say this? What are you saying? Go see a shrink :D
Read first what I said.
OOPS! mea culpa! It is a case of bad negation! It should have read as "How come it is not 'stupid' when a girl spends husband's money to support her parents?"
Read first what I said.
OOPS! mea culpa! It is a case of bad negation! It should have read as "How come it is not 'stupid' when a girl spends husband's money to support her parents?"
BharatPremi
07-05 02:57 PM
Guys,
Please Pound on this as well.
http://www.petitionspot.com/petitions/485
- BharatPRemi
Please Pound on this as well.
http://www.petitionspot.com/petitions/485
- BharatPRemi
more...
ajay
04-30 08:59 AM
I did call and left a voice message as suggested by Pappu.
Hope for the best. Support IV as always.
Hope for the best. Support IV as always.
qplearn
12-18 05:46 PM
what will be will be
let's not lack in our efforts though
there are two campaigns underway:
add a member and
contribute at least $20
by Dec 31
funds and members...are the key to our success
please join us in both campaigns
Thanks!
It will help if we know exactly how much more money is demanded by our lobbyst. Obviously, the money goes primarily to them.
let's not lack in our efforts though
there are two campaigns underway:
add a member and
contribute at least $20
by Dec 31
funds and members...are the key to our success
please join us in both campaigns
Thanks!
It will help if we know exactly how much more money is demanded by our lobbyst. Obviously, the money goes primarily to them.
more...
ItIsNotFunny
03-12 03:46 PM
I already did. I just dont like this DONOR based thread idea.
Appreciate it. Lets not use hard language and insult each other. Keep in mind, united we stand.
Appreciate it. Lets not use hard language and insult each other. Keep in mind, united we stand.
shukla77
06-11 01:14 PM
Wow ... Although I am not in consulting business so dont know all the fundas, but what seems interesting to me is "making 100K from 100~200K from active trading and investing in other areas". So I can make 50K if I have 50-100K to invest. Pretty hefty returns :D.. I wish we could chat over the lunch or something
It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
more...
brav
07-19 05:29 PM
I think most of the guys n gals will be busy with their paper work for I-485, 765 and 131. I am guessing once the dust settles most of them will come back and contribute generously.
I know most of you know the magnitude of impact IV has in the decision of the reversal of July 2nd update.I am in my 8th year of H1B and I wish IV has arrived 2 to 3 years back, but I am happy better late than never.
Thank you IV and I very much appreciate you keeping the cool when people started second guessing after the AILA update that the situation is 'Fluid'.
I know most of you know the magnitude of impact IV has in the decision of the reversal of July 2nd update.I am in my 8th year of H1B and I wish IV has arrived 2 to 3 years back, but I am happy better late than never.
Thank you IV and I very much appreciate you keeping the cool when people started second guessing after the AILA update that the situation is 'Fluid'.
WillIBLucky
12-18 02:59 PM
I think you do have to change your ideas in this case. Its very simple we cannot do what you plan to do. Lobbying is the only way for us. Illegals did that because they did not anything to loose. We are not in that situation, GC would be nice to have else we can go home or another country and we can survive.
So instead of waisting our time in talking about this, we should try to add members and contribute. I know you are an active member but I am just telling.
first, I don't know what you mean by "Senior Member like you coming up with this idea". Seniority on this site I think is by how long the have been registered. Second, even if it means older members, what does age have to do with this idea?
I have already said that most IV members (clearly you are one) are opposed to this.
My thoughts happen to be different from yours, and I dont plan on changing my ideas anytime soon.
Of course for this to work there has to be a signficant number of participants, otherwise actually nothing is going to work. And even with significant participation, there are no guarantees: look at how many people called Sen Sessions, but still made no difference.
Last, dont you guys get vacation?? Who is talking abut losing money? If you are paid hourly then dont take part.
and if you dont agree you dont need me to tell you dont be a part of this.
But, as mentioned many, many, many times before, I am for this idea, or something that gets attention in a big way.
So instead of waisting our time in talking about this, we should try to add members and contribute. I know you are an active member but I am just telling.
first, I don't know what you mean by "Senior Member like you coming up with this idea". Seniority on this site I think is by how long the have been registered. Second, even if it means older members, what does age have to do with this idea?
I have already said that most IV members (clearly you are one) are opposed to this.
My thoughts happen to be different from yours, and I dont plan on changing my ideas anytime soon.
Of course for this to work there has to be a signficant number of participants, otherwise actually nothing is going to work. And even with significant participation, there are no guarantees: look at how many people called Sen Sessions, but still made no difference.
Last, dont you guys get vacation?? Who is talking abut losing money? If you are paid hourly then dont take part.
and if you dont agree you dont need me to tell you dont be a part of this.
But, as mentioned many, many, many times before, I am for this idea, or something that gets attention in a big way.
more...
jonty_11
07-19 05:41 PM
Guys please enroll for recurring contributions. Its for our own good. Please dont sit under the misconception that since we applied for 485 and we get EAD we might be ok. you are not safe until you have the green card in your hand. durbin, grasley, ron hira are out there to get you, I wont be surprised if they come after EAD once they are done with H1. Please contribute to IV so that we can work on the next leg on the process, be it SKIL or visa number recapture or whatever comes but to do that IV needs money, please contribute so that we can build on the momentum. Junior members, news members you are the new blood please come forward and contribute. To existing members please think about increasing the recurring contribution amount.
correct GREEN CARD IN HAND is the key....lest people will take u for granted and abuse you....
correct GREEN CARD IN HAND is the key....lest people will take u for granted and abuse you....
mhathi
07-14 06:57 PM
Sent $10 through BOA bill pay.
IV will always get high Fives from me and my wife.
Come on guys, it's the cost of a latte at SB!!
IV will always get high Fives from me and my wife.
Come on guys, it's the cost of a latte at SB!!
more...
sledge_hammer
03-04 11:46 AM
What is your rate and who is your lender?
In my case; I was offered a refinancing rate that was 0.5% more than what I would pay if I were a GC holder. The reasoning is the short term validity of H1. Ironically I wasn't discriminated 3 years ago when I bought my house. At that time; I even didn't have my labor cert cleared. Now 3 years down the line; I have cleared first 2 stages and applied to I-485; bank charges me more :) Weird!!!!
In my case; I was offered a refinancing rate that was 0.5% more than what I would pay if I were a GC holder. The reasoning is the short term validity of H1. Ironically I wasn't discriminated 3 years ago when I bought my house. At that time; I even didn't have my labor cert cleared. Now 3 years down the line; I have cleared first 2 stages and applied to I-485; bank charges me more :) Weird!!!!
cjain
07-06 04:03 PM
AILA has reported a very interesting or confusing DOS LegalNet Office letter which one of the members received towards the fact that the consular posts had already been allocated their numbers for the month of July prior to EB visa numbers becoming unavailable on July 2 and that the posts may continue to use their July allocations of EB numbers, and continue to issue Immigrant Visas for the rest of this month, July, for those applicants who were scheduled for IV interviews in July. Hm.....................................
qualified_trash
01-03 04:22 PM
I dont think one is necessarily doing kids a dis-service by electing to go back. On the contrary, kids experience tremendous personal growth through interaction with extended family which is not possible in a foreign land.
I come from a nuclear family in India and see no reason why my kid cannot develop into a good citizen the way my parents made sure I did..........
I learnt at a very young age that living with your cousins/uncles/aunts is not necessarily a guarantee of being close........ I am a lot closer to family I never lived with in the same city than I am to family who lived a few blocks from where we did.........
It is all in how the parents mold the environment for their kids. if we as parents fail in our duty towards our kids, does not matter where you live, we will do a great disservice to society..........
I come from a nuclear family in India and see no reason why my kid cannot develop into a good citizen the way my parents made sure I did..........
I learnt at a very young age that living with your cousins/uncles/aunts is not necessarily a guarantee of being close........ I am a lot closer to family I never lived with in the same city than I am to family who lived a few blocks from where we did.........
It is all in how the parents mold the environment for their kids. if we as parents fail in our duty towards our kids, does not matter where you live, we will do a great disservice to society..........
factoryman
06-21 01:15 PM
Link to post at IV (http://immigrationvoice.org/forum/showpost.php?p=86268&postcount=5)
and
today's Post (http://immigrationvoice.org/forum/showpost.php?p=87874&postcount=131)
Don't understand what you mean? I could not locate your other post about C&G. Please guide me to that post.
Also, why in the world do they have to slow down processing PERM applications? And that too the Atlanta Center? May it is time for them to transfer all the cases from Atlanta center to Chicago center and dedicate the Atlanta center to process other work.
Just does not make sense at all.
and
today's Post (http://immigrationvoice.org/forum/showpost.php?p=87874&postcount=131)
Don't understand what you mean? I could not locate your other post about C&G. Please guide me to that post.
Also, why in the world do they have to slow down processing PERM applications? And that too the Atlanta Center? May it is time for them to transfer all the cases from Atlanta center to Chicago center and dedicate the Atlanta center to process other work.
Just does not make sense at all.
andy007
07-18 04:32 PM
You will be able to see your actual RD in the reciept notice...Donot worry..
Can you please specify which numbe do we need to call & and what we need to enter (PD, I140, bla bla) to get the Receipt Date.......
Thanks
Can you please specify which numbe do we need to call & and what we need to enter (PD, I140, bla bla) to get the Receipt Date.......
Thanks
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