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PD_Dec2002
06-02 10:12 PM
Canadian_Dream, I think your interpretation is wrong..
------------------------------------------------------------------------
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
-------------------------------------------------------------------------
I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
java_jaggu :
yes, we both are saying the same thing.
Thanks,
Jayant
------------------------------------------------------------------------
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
-------------------------------------------------------------------------
I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
java_jaggu :
yes, we both are saying the same thing.
Thanks,
Jayant
amulchandra
09-14 05:27 PM
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
I am really sorry to say that you are totally wrong. Do you know that high demand very well paid jobs also fall into EB3 category. Example Pharmacists fall into EB3(for whom there is a very huge demand in US due to aging population) .
It is not easy to get a Pharmacist license. They need a degree in pharmacy(Equivalent to Pharm D in US) . If he/she is a foreign graduate he/she has to go through national level TSE/TOEFL, FPGEE , NAPLEX and state level Jurisprudence exams. A total of 5 exams and 1600-2000 hours of internship.Even US citizens think twice to go pharmacy colleges because it is really expensive to pay the fee.
This is just an example and this is our personal experience.
I am really sorry to say that you are totally wrong. Do you know that high demand very well paid jobs also fall into EB3 category. Example Pharmacists fall into EB3(for whom there is a very huge demand in US due to aging population) .
It is not easy to get a Pharmacist license. They need a degree in pharmacy(Equivalent to Pharm D in US) . If he/she is a foreign graduate he/she has to go through national level TSE/TOEFL, FPGEE , NAPLEX and state level Jurisprudence exams. A total of 5 exams and 1600-2000 hours of internship.Even US citizens think twice to go pharmacy colleges because it is really expensive to pay the fee.
This is just an example and this is our personal experience.
arnab221
07-28 05:08 PM
bump bump .....
akhilmahajan
10-22 10:36 AM
Folks I sent email to this address as stated "uscis-complaint@dhs.gov", got bounced back saying it as a wrong email. Does nay one know the correct email to send USCIS complaints to?
"USCIS-COMPLAINT" <uscis-complaint@dhs.gov>
You have emailed an inactive account.
If you are inquiring about the status of documentation you have filed with USCIS, or have a complaint relating generally to the nature of the customer service you have been provided by USCIS, please use our National Customer Service phone number 1-800-375-5283 or visit our website at www.uscis.gov.
If you are a CIS employee and wish to file a complaint regarding credible allegations of criminal misconduct or of very serious misconduct by a USCIS employee, guidance can be found online at htttp://osi.uscis.dhs.gov/. Credible allegations of minor but significant misconduct should be reported directly to the office where you believe they may have occured.
Same thing happened with me.
Anyways will be sending out the letters today so should be fine.
GO I/WE GO.
"USCIS-COMPLAINT" <uscis-complaint@dhs.gov>
You have emailed an inactive account.
If you are inquiring about the status of documentation you have filed with USCIS, or have a complaint relating generally to the nature of the customer service you have been provided by USCIS, please use our National Customer Service phone number 1-800-375-5283 or visit our website at www.uscis.gov.
If you are a CIS employee and wish to file a complaint regarding credible allegations of criminal misconduct or of very serious misconduct by a USCIS employee, guidance can be found online at htttp://osi.uscis.dhs.gov/. Credible allegations of minor but significant misconduct should be reported directly to the office where you believe they may have occured.
Same thing happened with me.
Anyways will be sending out the letters today so should be fine.
GO I/WE GO.
more...
SS12
07-18 04:57 PM
Contributed $100 today and more to come.
If I can't volunteer my time, the least that I can do is contribute $.
If I can't volunteer my time, the least that I can do is contribute $.
conchshell
08-13 03:20 PM
From Sept 2008 visa bulletin: "The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September."
I think we must do something for EB3 category. BTW when is congress coming back from recess? Can we do something on the visa recapture bill??
I think we must do something for EB3 category. BTW when is congress coming back from recess? Can we do something on the visa recapture bill??
more...
tinamatthew
07-20 12:48 PM
I think you can start another job with the same job description. EAD is not tied to the employer. It is tied to you. AC21 is a blessing for us in this regard.
After 180 days, you are free and you almost got virtual GC except that you need to work in the same job description and maintain character.
Thank you so much for this reply
After 180 days, you are free and you almost got virtual GC except that you need to work in the same job description and maintain character.
Thank you so much for this reply
ragz4u
03-08 02:02 PM
what`s happening....
Please be more specific when you ask a question
Please be more specific when you ask a question
more...
gcphul
08-21 03:57 PM
My DL expring in Sept. filed for 10th year extenison, I live in NY.
NY DL have 2 dates, One in Top with RED Bold letters its called Temp Visa Date and at botton DL exprie date. I have contacted in DMV office. They said I can drive using bottom Exprie date which is exprie in 2010(mine) ,But I cant use the DL as ID if Temp VISA expire on DL.Unless I renew it with approved H1B visa date.So I have to Carry Passport ,recepit copy and Employer lettter with all time just as proof if cop caught me.
NY DL have 2 dates, One in Top with RED Bold letters its called Temp Visa Date and at botton DL exprie date. I have contacted in DMV office. They said I can drive using bottom Exprie date which is exprie in 2010(mine) ,But I cant use the DL as ID if Temp VISA expire on DL.Unless I renew it with approved H1B visa date.So I have to Carry Passport ,recepit copy and Employer lettter with all time just as proof if cop caught me.
gc_kaavaali
09-01 11:16 AM
Arrived Aug 2002. Got GC last month. I would suggest people to file for GC as early as possible. Do not change employers for money (unless unless it is really really really necessary) until u get GC.
more...
smuggymba
08-23 08:26 AM
Does it mean the eligibility criteria/job requirement for EB2 is changed from 5 to 10 years?
I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.
Is this memo in effect already or what? Can someone throw more light on this?
I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.
Is this memo in effect already or what? Can someone throw more light on this?
chanduv23
09-15 06:57 PM
hi! i just contributed $100.00 via paypal transaction id is : 1GE522823P5726434
U DA MAN - THANKS - PLEASE MAKE IT TO THE RALLY AND GET OTHERS ALSO
U DA MAN - THANKS - PLEASE MAKE IT TO THE RALLY AND GET OTHERS ALSO
more...
satyasaich
07-15 01:10 PM
Here is my pledge.
If $2000 is reached today, i will send another $50 today.
(Fyi, i've already sent$50 yesterday)
Satya
Thanks SkilledWorker4GC !
Any one else would like to pledge just 5 $ when we reach 2000 $
Bestofall
PD March 2005 India
485 Applied Jul2 2007
If $2000 is reached today, i will send another $50 today.
(Fyi, i've already sent$50 yesterday)
Satya
Thanks SkilledWorker4GC !
Any one else would like to pledge just 5 $ when we reach 2000 $
Bestofall
PD March 2005 India
485 Applied Jul2 2007
javadeveloper
07-18 04:25 PM
Hello All,
Some food for thought.
As I understand we (i.e IV) has 21000 members and 14000 active members. If even each active member contrubute $ 20 per month, that would be $ 420,000 per month or about $ 5 Mn per year.
Imagine the miracles that we can do with that kind of fund!! And I am damn sure that we can afford $ 20 per month. Cost of few gallons of gas per month.
Non contributing, active members! Please wake up atleast now and do some soul searching!!!
I do agree , but I do not see any $20 contribution in google checkout or paypal.We have to mail the checks.I guess we can get more contributions if we include $25,$50,$75 contributions in google checkout as well as paypal.Correct me If I am missing some thing.
Some food for thought.
As I understand we (i.e IV) has 21000 members and 14000 active members. If even each active member contrubute $ 20 per month, that would be $ 420,000 per month or about $ 5 Mn per year.
Imagine the miracles that we can do with that kind of fund!! And I am damn sure that we can afford $ 20 per month. Cost of few gallons of gas per month.
Non contributing, active members! Please wake up atleast now and do some soul searching!!!
I do agree , but I do not see any $20 contribution in google checkout or paypal.We have to mail the checks.I guess we can get more contributions if we include $25,$50,$75 contributions in google checkout as well as paypal.Correct me If I am missing some thing.
more...
waitforevergc
06-11 10:18 AM
All,
When this July bulletin was released, I had given the following points in that thread.
I am seriously considering this. Indian economy is going to go leaps and bounds and I dont want to miss out on that. And wait here in the whims and fancies and their ridiculous illogical visa bulletins by these people. They shouldnt harass and take Indians for a ride. We are paying our taxes and all the fees and what not. Still they prefer illegals over us.
Enough is enough. I have self respect.
Looking at this visa movement for the past year and the current economy, I am just giving up hope to get GC in this country folks.
I am seriously thinking about going back to India. The reasons I was proding over are:
1. Well.. first and foremost, no hope of visa movement in near future.
2. Employer uncertainty. The company is not doing too well.
3. Tough job market and US economy will drag like this for another 2-3 years.
4. If they lay me off, I will have to find another job first. I havent even applied for 485 yet, so no EAD and priority date is Feb 2008
5. Restart GC again which is another excruciating process - moneywise, timewise.
6. Wait again in the line for visa movement
7. No career advancement because cannot jump companies and I am already early 30's. (I am non-IT). Career is stagnant, company doing very small projects.
8. Cannot even think of having kids because job and life here is hanging by a thread.
9. Cannot buy a house in this market. Its not that I dont have money, was thinking, if I lose the job, I wont get much time to sell it off and I will have to incur losses.
10. India is doing well and going to to do well in the future.
Is anyone else thinking on these lines?
When this July bulletin was released, I had given the following points in that thread.
I am seriously considering this. Indian economy is going to go leaps and bounds and I dont want to miss out on that. And wait here in the whims and fancies and their ridiculous illogical visa bulletins by these people. They shouldnt harass and take Indians for a ride. We are paying our taxes and all the fees and what not. Still they prefer illegals over us.
Enough is enough. I have self respect.
Looking at this visa movement for the past year and the current economy, I am just giving up hope to get GC in this country folks.
I am seriously thinking about going back to India. The reasons I was proding over are:
1. Well.. first and foremost, no hope of visa movement in near future.
2. Employer uncertainty. The company is not doing too well.
3. Tough job market and US economy will drag like this for another 2-3 years.
4. If they lay me off, I will have to find another job first. I havent even applied for 485 yet, so no EAD and priority date is Feb 2008
5. Restart GC again which is another excruciating process - moneywise, timewise.
6. Wait again in the line for visa movement
7. No career advancement because cannot jump companies and I am already early 30's. (I am non-IT). Career is stagnant, company doing very small projects.
8. Cannot even think of having kids because job and life here is hanging by a thread.
9. Cannot buy a house in this market. Its not that I dont have money, was thinking, if I lose the job, I wont get much time to sell it off and I will have to incur losses.
10. India is doing well and going to to do well in the future.
Is anyone else thinking on these lines?
edgarrecto
12-26 06:25 PM
i filed advance parole maybe august 10,2007, until now status check says pending.
more...
yabadaba
07-11 02:29 PM
Actually - I went to Cambridge High!! I cannot believe you missed that one!! What about Modern High?
cambridge high is a mallu school :D
cambridge high is a mallu school :D
amitga
02-18 03:20 PM
It is April new numbers for the quarter will be available.My guess is EB2 I will move beyond April 1 2004.Once it crossess 2004 then it will be almost in 2006 not many cases in 2005.
Why do you think there are not many cases in 2005?
Why do you think there are not many cases in 2005?
GCwaitforever
01-23 03:52 PM
After a looo...ong wait, finally my labor petition is certified according to the web site.
PD: May 2002
EB2, Non-RIR
Remanded as TR from RIR in 2003
Made it to Regional in 2004
Ended up in BEC in Feb 2005
Certified as of today !!!
PD: May 2002
EB2, Non-RIR
Remanded as TR from RIR in 2003
Made it to Regional in 2004
Ended up in BEC in Feb 2005
Certified as of today !!!
rameshk75
01-18 08:40 PM
I got the same message on 4th jan and received the AP documents from my employer today..probably it may take 10 days to receive from USCIS through Attorney/Employer..don't worry..you will receive on time...
vdlrao
07-11 11:41 AM
I can understand the excitement. I am also in EB2 2005 PD. But the fact is that, this seems like a temporary movement only...i don't think dates can stay at 2006, going by simple math.
PPl can give me those red marks, but i think dates will retrogress again by Oct.
Nope I dont agree. Even though theres any retrogression it would be very mild.
PPl can give me those red marks, but i think dates will retrogress again by Oct.
Nope I dont agree. Even though theres any retrogression it would be very mild.
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