srt57
06-01 03:59 PM
THIS IS VALID ONLY IF THE CIR BILL BECOMES A LAW IN ITS CURRENT FORM....
From what I know (largely due to the posts on these forums), if your I-140 was not filed by May 15th 2007, you will have to reapply for your GC in the new system.
LC or I-485 is not relevant here. The cutoff date is determined by your I-140 filing date.
Also, between May 15th 2007 and October 1st 2008 (likely), no new I-140s can be applied. Thus, it would make no sense to apply for a LC either. USCIS will only process backlogged I-485 cases and issue green cards.
Finally, it is really unfair for them to set this cutoff date retroactively. But it is legal for them to do this. Can't sue them for it.
Hope this clears things.
Thanks,
Jayant
But this generally applies to people affected by retrogression. If one isn't affected by retrogression, applies for I-140 after 5/15/2007 and gets green card before 10/1/2008 (which is possible) then that person should be ok, is that right?
From what I know (largely due to the posts on these forums), if your I-140 was not filed by May 15th 2007, you will have to reapply for your GC in the new system.
LC or I-485 is not relevant here. The cutoff date is determined by your I-140 filing date.
Also, between May 15th 2007 and October 1st 2008 (likely), no new I-140s can be applied. Thus, it would make no sense to apply for a LC either. USCIS will only process backlogged I-485 cases and issue green cards.
Finally, it is really unfair for them to set this cutoff date retroactively. But it is legal for them to do this. Can't sue them for it.
Hope this clears things.
Thanks,
Jayant
But this generally applies to people affected by retrogression. If one isn't affected by retrogression, applies for I-140 after 5/15/2007 and gets green card before 10/1/2008 (which is possible) then that person should be ok, is that right?
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sugaur
03-05 10:36 PM
Wifes I485 got soft LUD on 1/9/09.
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Alien
04-25 12:35 PM
This would technically mean that anyone anywhere in the world now, who has ever been to the US on a H visa, can apply for a GC based on the first touchdown date.
Interesting!!!
Interesting!!!
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texcan
09-12 10:13 PM
I was hoping to get people to start their monthly contribution, but it seems people are more inclined to make one time contribution. So I have added this to the start of the thread.
>>For every $100 one time contribution by first time contributors I will match $25.00. <<
So people with their fingers on the trigger, who don't want to commit long term, here is your chance. Please allow me to help you squeeze the trigger and fire your first shot.
I already have Struggle and green_world. Just need 2 new first time $100 contributors to make my next $100 contribution.
Committments in life do make people nervous, but in this case i am surprised
what else will it take.
Come on guys, this is best deal of century. Make some contribution.
Once again, Great going Milind
Hats off to you friend.
>>For every $100 one time contribution by first time contributors I will match $25.00. <<
So people with their fingers on the trigger, who don't want to commit long term, here is your chance. Please allow me to help you squeeze the trigger and fire your first shot.
I already have Struggle and green_world. Just need 2 new first time $100 contributors to make my next $100 contribution.
Committments in life do make people nervous, but in this case i am surprised
what else will it take.
Come on guys, this is best deal of century. Make some contribution.
Once again, Great going Milind
Hats off to you friend.
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BECsufferer
03-04 12:55 PM
Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
A loan application can be denied for any reason and as amatter of fact due to current financial mess, lenders are very wary. So don't be surprised by denial. Try another place.
I secured loan after 2.5 months of constant battle. My lender tried all possible means to discourage me and only after I fired-back with technical arguments did they clear my loan. But than I was also asking for 5% down, which nowdays is no more entertained by lenders.
Try different sources and atleast you have the house in possesion. You will get a new lender, don't worry!
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
A loan application can be denied for any reason and as amatter of fact due to current financial mess, lenders are very wary. So don't be surprised by denial. Try another place.
I secured loan after 2.5 months of constant battle. My lender tried all possible means to discourage me and only after I fired-back with technical arguments did they clear my loan. But than I was also asking for 5% down, which nowdays is no more entertained by lenders.
Try different sources and atleast you have the house in possesion. You will get a new lender, don't worry!
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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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zoooom
07-14 06:19 PM
Silly question but I need an answer :)...How can I use Bill pay here? I bank with BOA and it asks for a company name if I choose bill pay...
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9years
10-28 01:47 PM
Hi All,
My attorney and company (both) received copy of Approval Notice. One thing I noticed is Priority Date on Approval Notice is my EB3 Priority Date( October 2003 ). I think some kind update (porting) has happened. I have not seen any change in LUD on my I-485. This is just to update all and hope this information may be useful to someone.
Thank you and Best of Luck to all.
My attorney and company (both) received copy of Approval Notice. One thing I noticed is Priority Date on Approval Notice is my EB3 Priority Date( October 2003 ). I think some kind update (porting) has happened. I have not seen any change in LUD on my I-485. This is just to update all and hope this information may be useful to someone.
Thank you and Best of Luck to all.
more...
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Milind123
09-15 10:04 PM
hi! i just contributed $100.00 via paypal transaction id is : 1GE522823P5726434
Thank you dvrao4 for your contribution. I appreciate your help for keeping this drive on. People, just one person left to close this round. Again, if you haven't made a contribution recently please help us give a successful finishing touches to Sept 18th.
Thank you dvrao4 for your contribution. I appreciate your help for keeping this drive on. People, just one person left to close this round. Again, if you haven't made a contribution recently please help us give a successful finishing touches to Sept 18th.
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qualified_trash
01-03 04:16 PM
I think you bring up very valid points. For a lot of ppl who have stayed away from family/extended family for so long, they may not like the constant interference.
"I miss my parents" is not quantifiable but what about the paying back the debt by supporting your aging parents? Let me make the question a little broader, isn't every immigrant divided between doing what's best for the children and supporting the parents?
yes they are indeed. I took care of this as my sisters and parents have immigrated to New Zealand, work and live happily there and will be covered by a great social security system.
also, they do not need a visa to visit me after they get their citizenship (in the next year or so) and I will not need one to visit them after I get mine in the next decade or so.......... :-))
as for what is best, we should all ask our parents and they would say do whats best for your kid because that is what they did. they did their best for us and we should do the best for our kids as they should do their best for theirs........
"I miss my parents" is not quantifiable but what about the paying back the debt by supporting your aging parents? Let me make the question a little broader, isn't every immigrant divided between doing what's best for the children and supporting the parents?
yes they are indeed. I took care of this as my sisters and parents have immigrated to New Zealand, work and live happily there and will be covered by a great social security system.
also, they do not need a visa to visit me after they get their citizenship (in the next year or so) and I will not need one to visit them after I get mine in the next decade or so.......... :-))
as for what is best, we should all ask our parents and they would say do whats best for your kid because that is what they did. they did their best for us and we should do the best for our kids as they should do their best for theirs........
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yagw
07-11 02:08 PM
The per country limit was not adhered to even in the 3rd quarter. Remember how EB2 India rose like a phoenix from Unavailable to April 2004? Once they determine that there are enough visas for spillover, the per country limits don't exist. The question is how they decide to distribute it among the retrogressed countries.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
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asanghi
04-30 02:33 PM
Can somebody post the link please?
http://judiciary.house.gov/schedule.aspx
http://judiciary.house.gov/schedule.aspx
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santb1975
05-25 04:17 PM
with your contributions.
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new_horizon
03-06 11:36 AM
There was a change in LUD for both me and my wife on 3/4/09. Then on my wife's, there were LUD ON 3/5 & now 3/6/09 also. When I open the Case Number, it shows the usual information "Current Status: Case received and pending". Any idea what this could mean. Thanks.
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WeldonSprings
05-02 01:52 PM
One interesting thing from the anti-immigrant community represented by Steve King in this testimony was when he asked the Visa Division Chief, that -How many immigrants have we admitted to the United States between 1992-2006 who were refugees and asylees, that were not counted in the annual numerical limit? So, he basically wants to overwrite the Visa Recapture bill, by saying that since we admitted 'refugees and asylees' which were outside the limit, then there is no need to recapture unused visas, since those unused numbers have already been offset by refugees and asylees.
1. Another reply was If we use All permitted unsed visa, Where would we be in terms of EB visa. His response was Probably china/India Second category will be clear.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
1. Another reply was If we use All permitted unsed visa, Where would we be in terms of EB visa. His response was Probably china/India Second category will be clear.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
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desi3933
08-04 11:49 AM
There's no law that employer should borne the cost of GC.
I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.
I have spent almost 10K in my GC process until last year and 2K this year for EADs and APs.
2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.
I spend about 3 K in one more GC process I started several years back which I abandoned because I changed the emloyer.
That was your choice.
I Spent 1000s of dollars in Visa stamping, H4 renewals. And yes I'm stuck for almost a decade.
H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.
There are at least 10 people I know who are in similar situations, so I'm guessing there'll be thousands in USA. These are facts it may not apply to you but does apply to lot of people here...
One hand, you are saying guessing and still insist that it is based on facts.
I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.
I have spent almost 10K in my GC process until last year and 2K this year for EADs and APs.
2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.
I spend about 3 K in one more GC process I started several years back which I abandoned because I changed the emloyer.
That was your choice.
I Spent 1000s of dollars in Visa stamping, H4 renewals. And yes I'm stuck for almost a decade.
H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.
There are at least 10 people I know who are in similar situations, so I'm guessing there'll be thousands in USA. These are facts it may not apply to you but does apply to lot of people here...
One hand, you are saying guessing and still insist that it is based on facts.
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Edison99
11-16 08:39 AM
Great!
Thanks for the updates�..
Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.
Thanks for the updates�..
Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.
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Gravitation
05-01 02:12 PM
I have some black dots in my Control Panel? What is the meaning of a black dot?
And how does one give black dot to some one? When I try to add reputation to a post, I can only see I approve or I disapprove options. I would imagine I approve=green and I disapprove=red. Where does a black dot fit into this scheme?
The gray dots come when you get either approval/disapproval from somebody who has:
less than 30 posts.
overall negative reputationgray dots have no affect on your reputation. This is to prevent new or disreputes from irresponsibly affecting others' reputations.
And how does one give black dot to some one? When I try to add reputation to a post, I can only see I approve or I disapprove options. I would imagine I approve=green and I disapprove=red. Where does a black dot fit into this scheme?
The gray dots come when you get either approval/disapproval from somebody who has:
less than 30 posts.
overall negative reputationgray dots have no affect on your reputation. This is to prevent new or disreputes from irresponsibly affecting others' reputations.
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ragz4u
03-09 11:34 AM
I am assuming that will be the end result. It means they will not be counted against any VISA CAP.
If I understood it right, they wanted to remove the 10% per country limit for the Nurses and Physical Therapist since a majority come from 3 countries - India, China and Phillipines
Again, not too sure if I understood it right
If I understood it right, they wanted to remove the 10% per country limit for the Nurses and Physical Therapist since a majority come from 3 countries - India, China and Phillipines
Again, not too sure if I understood it right
anurag_bhatnagar
06-28 02:30 PM
I got my certified yesterday 6/27
EB-2, India, Atlanta feb 21'07
EB-2, India, Atlanta feb 21'07
dval_dpal
12-12 08:53 AM
I have refinanced with Wells Fargo without any issues. If you need more details, please PM me.
your help would be helpful....
i'm also doing refinance with wellsfargo...(submit I-140, EAD)
they r asking for Green card...
If i send I-485 receipt now, would it be enough???
thank you
your help would be helpful....
i'm also doing refinance with wellsfargo...(submit I-140, EAD)
they r asking for Green card...
If i send I-485 receipt now, would it be enough???
thank you
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