Caliber
03-03 03:51 PM
But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves. Saburi
I understand your pain Saburi. With a PD of Oct 02 itself, I feel being tortured, depressed. When Obama came, I had some hope. But now, no more hopes...
I understand your pain Saburi. With a PD of Oct 02 itself, I feel being tortured, depressed. When Obama came, I had some hope. But now, no more hopes...
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karan2004m
01-08 07:22 PM
Ok then why dont we teach some respect and humility to professor ji to show some respect for his country men as well..
what a harsh speech that was..seems like some personal anger against india and their colleges...
And respect and humility are another thing that differentiate us Indians from others!
what a harsh speech that was..seems like some personal anger against india and their colleges...
And respect and humility are another thing that differentiate us Indians from others!
beppenyc
03-08 10:49 AM
nothing concernign guest worker program? Backlog?
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shreekhand
07-18 05:54 PM
I am not sure if the guy with PD 2001 will get the number first as against one with PD 2006 when everything is "C" in the example you presented.
Past data, experience from my acquaintances, official NSC statements as well the SOP clearly indicates the contrary.
priti8888, What is the USCIS 485 processing date in your senario?
Your Receive Date is a factor but PD is also a big factor, if limited number available.
If two person has submitted their application. One has PD 2001 and RD June 10 2007 and other had PD Jan 2006 with RD May 1 2006.
USCIS 485 Processing Date: June 15th 2007 and Visa Bullitin has "C"
Still PD with 2001 will get the the number first before PD 2006 case.
So
485 RD < USCIS 485 Processing date and PD < Visa Bulletin date
Order by PD desc
hope this help
Past data, experience from my acquaintances, official NSC statements as well the SOP clearly indicates the contrary.
priti8888, What is the USCIS 485 processing date in your senario?
Your Receive Date is a factor but PD is also a big factor, if limited number available.
If two person has submitted their application. One has PD 2001 and RD June 10 2007 and other had PD Jan 2006 with RD May 1 2006.
USCIS 485 Processing Date: June 15th 2007 and Visa Bullitin has "C"
Still PD with 2001 will get the the number first before PD 2006 case.
So
485 RD < USCIS 485 Processing date and PD < Visa Bulletin date
Order by PD desc
hope this help
more...
panky72
06-25 04:08 PM
Loosing my investments
Since I am sure that my GC will take 5 to 10 years more. Meanwhile too many things will change that might make me go back home. So I decided to invest in home(India). I sold lot of stocks. Stopped contributing to 401K above employers match (I used to contribute full 15K). Deferred buying house until my 140 approved.
I am at a life stage where I have enough experience and tendency to take risks (married but no kids etc...). If I have flexibility of not working, I want to invest my time in a small startup. Working/investing a start-up means I might go out of status anytime. So I decided not to try any of those. Its a loss for me as well as for economy. If I accumulate enough money I might go home and try to do something like startup or small business. It would be good for US and me if they let me do it here.
In essence I am loosing the oppurtunity and by restricting my career US is loosing an oppurtunity to create more jobs.
Why is loosing such a loosely used word?. Guys, it is losing not loosing. Lose and loose have different meanings.
One more guy who is "loosing" things:D
Since I am sure that my GC will take 5 to 10 years more. Meanwhile too many things will change that might make me go back home. So I decided to invest in home(India). I sold lot of stocks. Stopped contributing to 401K above employers match (I used to contribute full 15K). Deferred buying house until my 140 approved.
I am at a life stage where I have enough experience and tendency to take risks (married but no kids etc...). If I have flexibility of not working, I want to invest my time in a small startup. Working/investing a start-up means I might go out of status anytime. So I decided not to try any of those. Its a loss for me as well as for economy. If I accumulate enough money I might go home and try to do something like startup or small business. It would be good for US and me if they let me do it here.
In essence I am loosing the oppurtunity and by restricting my career US is loosing an oppurtunity to create more jobs.
Why is loosing such a loosely used word?. Guys, it is losing not loosing. Lose and loose have different meanings.
One more guy who is "loosing" things:D
skillet
06-18 01:01 PM
Hi Reno John,
Are you serious? Did it work.. Could you please share the email you wrote to them? How long was your case stuck
Thanks
Are you serious? Did it work.. Could you please share the email you wrote to them? How long was your case stuck
Thanks
more...
vdlrao
06-10 04:26 PM
My PD is Dec. 04, and my I-485 was filed during the july fiasco in 2007. My PD was current since March 08 until it will become "unavailable" in June 08.
My attorney got update from Nebraska SC in May stating "Your case is in queue for green card." Now what will happen to my case since EB-3 ROW will be unavailable in June? Does that mean an IO once opened my file after March and will close it without processing any further because of the change in the June Visa Bulletin?
I am confused. Please share your insights and experiences.
Thank you.
Your PD in EB3 for ROW will be back into track in October 2008 as its said in the current visa bulletin dated Jul 2008 for EB3 preference. So once it is back to current in October then the new visa numbers will be alloted. Then you will get your GC. So just wait till October to receive your GC confirmation.
Good Luck!!!
My attorney got update from Nebraska SC in May stating "Your case is in queue for green card." Now what will happen to my case since EB-3 ROW will be unavailable in June? Does that mean an IO once opened my file after March and will close it without processing any further because of the change in the June Visa Bulletin?
I am confused. Please share your insights and experiences.
Thank you.
Your PD in EB3 for ROW will be back into track in October 2008 as its said in the current visa bulletin dated Jul 2008 for EB3 preference. So once it is back to current in October then the new visa numbers will be alloted. Then you will get your GC. So just wait till October to receive your GC confirmation.
Good Luck!!!
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Legal
08-13 05:22 PM
This the time to unite rather than giving up.
Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.
The nurses bill is actually good for all EB applicants since 20k new GC numbers will be created. That's not from the EB pool.
Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.
The nurses bill is actually good for all EB applicants since 20k new GC numbers will be created. That's not from the EB pool.
more...
shi120
12-27 03:35 PM
I am in the same boat, was planning to leave for India on 12/25 had to cancel tickets. My spouse is on an F1 and hence cannot re-enter without AP. Tried to expedite by contacting CSC, senator, congress rep. Know that it has been approved, but is waiting for production which could take 2-4 weeks. Applied on 08/03, notice date 09/13, supposedly approved on 12/12 awaiting production. This has been really frustrating. If you are on a valid H or L visa you can come back on it without any issue.
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senk1s
09-26 09:21 AM
manderson: i too dont remember seeing otherwise (that there is a limit)
but that doesnt mean they'll look more closely at the case.
But again you dont 'have' to be working while on EAD (as you are an adjustee) and they decide based on the original company's ability to pay. You can work even for/by yourself (self-employed)
I dont understand how this is all interpreted 'together' - someone else with more expertise than me would help.
but that doesnt mean they'll look more closely at the case.
But again you dont 'have' to be working while on EAD (as you are an adjustee) and they decide based on the original company's ability to pay. You can work even for/by yourself (self-employed)
I dont understand how this is all interpreted 'together' - someone else with more expertise than me would help.
more...
java_jaggu
06-02 08:33 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 :)
------------------------------------------------------------------------
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 :)
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mheggade
07-11 01:17 PM
Between Fragoman, My Company and USCIS they sure are going to drive me nuts. I am waiting for green card for 10 years now with the same company. They are moving EB2 date and nothing gets done with EB3. On top of all these, 2 years from now, they will make all dates current which literally mean I will get my Green Card with a guy came here 10 months ago....
I really sympathise with your situation, But your comments are outrageous.
R you saying Just because you suffered every body has to suffer.:mad:
I really sympathise with your situation, But your comments are outrageous.
R you saying Just because you suffered every body has to suffer.:mad:
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05-27 11:49 PM
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07-09 05:41 PM
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x1050us
09-16 07:36 PM
Here you go another first time contributor. Just pulled the trigger for $100.
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bigboy007
06-03 01:40 AM
I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
more...
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Pallavi79
09-13 10:06 PM
Eb2 people are highly qualified compared to EB3. I encourage EB2 people do the following before taking the action against eb3 to eb2.
1.Get more GC numbers.
2.Upgrade your self to EB1. So that you can get visas immediately.
3.Fight for GC approvals in FIFO order.
If you ignore above issues but focus on Eb3 to Eb2, you are definitely from EB2 and you want to fight for your own GC. Nothing else matters to you.
1.Get more GC numbers.
2.Upgrade your self to EB1. So that you can get visas immediately.
3.Fight for GC approvals in FIFO order.
If you ignore above issues but focus on Eb3 to Eb2, you are definitely from EB2 and you want to fight for your own GC. Nothing else matters to you.
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sajikg
02-04 12:19 AM
I am from Tennessee..My labor PD is July 2002(regular), was forwarded to Phylly from atlanta regional after recruitement was done. got 45 day letter in feb of 2005. I haven't heard from them since. anyone in the same boat with similar Priority dates?
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conundrum
04-30 04:03 PM
hmmmm.. they ran out of questions. We should have supplied them with the questions and they would have had to stay up all night just to get through the question we can come up in 1 hr!!!!!
m306m
03-18 09:31 AM
Guys as it states both you and your spouse need to have an SSN not ITIN.
So if one has ssn other has ITIN you are not qualified.
The stimulus package is $600 for each member who has an SSN. Therefore if both you and your wife had an SSN you would get $1200. In the case where one spouse has an ITIN, the remaining spouse still is eligible for the $600. As mentioned in this post earlier you can always file 1040X one you receive the SSN for your spouse and claim the additional $600.
So if one has ssn other has ITIN you are not qualified.
The stimulus package is $600 for each member who has an SSN. Therefore if both you and your wife had an SSN you would get $1200. In the case where one spouse has an ITIN, the remaining spouse still is eligible for the $600. As mentioned in this post earlier you can always file 1040X one you receive the SSN for your spouse and claim the additional $600.
h1xfer485
08-13 05:08 PM
The Mexico F2A and Employment Third preference cut-off dates" are �unavailable� for both August and September..blah blah..
MAY BE it talks specifically about "Mexico EB3". otherwise it would have been: "Mexico F2A and all EB3"...
MAY BE it talks specifically about "Mexico EB3". otherwise it would have been: "Mexico F2A and all EB3"...
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