Canadian_Dream
06-02 07:27 PM
Effective date is next fiscal year or the one following it. If you read both the sections it cleary says that.
(Read the word approved and an "or" preceding it).
or approved at the time of the effective date of this section, shall be treated as if such provision remained effective and an approved petition may serve as the basis for issuance of an immigrant visa.
In my opinion this clearly means that if you have an approved I-140 before the effective date you should be ok. All pending I-140 on the effective date which is 15 months away are most likely have to refile. That leads to two scenarios:
1. Approved I-140 with a pending I-485, these petitions will be elegible for immigrant visa whenever one is avialable, this is very clearly mentioned.
2. Approved I-140 without I-485. No clear indication of how these cases will be treaed. They MIGHT have to refile as well.
============
(d) EFFECTIVE DATE.—
32
33 (1) IN GENERAL.—Subject to paragraph (2), the amendments
34 made by this section shall take effect on the first day of the
35 fiscal year subsequent to the fiscal year of enactment, unless
36 such date is less than 270 days after the date of enactment, in
37 which case the amendments shall take effect on the first day of
38 the following fiscal year.
39
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.
9
The original word is "enactment date", which would be the date the bill is signed into law. The effective date will be oct, 2008.
So people who didn't get their 140 through before the president signs the bill would be screwed?
(Read the word approved and an "or" preceding it).
or approved at the time of the effective date of this section, shall be treated as if such provision remained effective and an approved petition may serve as the basis for issuance of an immigrant visa.
In my opinion this clearly means that if you have an approved I-140 before the effective date you should be ok. All pending I-140 on the effective date which is 15 months away are most likely have to refile. That leads to two scenarios:
1. Approved I-140 with a pending I-485, these petitions will be elegible for immigrant visa whenever one is avialable, this is very clearly mentioned.
2. Approved I-140 without I-485. No clear indication of how these cases will be treaed. They MIGHT have to refile as well.
============
(d) EFFECTIVE DATE.—
32
33 (1) IN GENERAL.—Subject to paragraph (2), the amendments
34 made by this section shall take effect on the first day of the
35 fiscal year subsequent to the fiscal year of enactment, unless
36 such date is less than 270 days after the date of enactment, in
37 which case the amendments shall take effect on the first day of
38 the following fiscal year.
39
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.
9
The original word is "enactment date", which would be the date the bill is signed into law. The effective date will be oct, 2008.
So people who didn't get their 140 through before the president signs the bill would be screwed?
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diptam
08-05 11:04 AM
lonedesi,
I saw your post last night and have some changes in mind for the NSC letter. But right now I'm working on having the 7001 piece out from my employer - hope others are doing that as well.
Thanks again for the initiative - Its always better to speak up about your pain rather than remaining silent.
Thanks!
Members, who were complaining about the slow processing of I-140's at TSC & NSC, now is the time to stand up and get counted. Please take the time to review the letter and then mail the DHS Form 7001 along with the letter to USCIS Ombudsman's office.
Members who have already done so, please encourage others suffering from these delays to join this campaign to make it effective. Also, please post on this thread once you have mailed the letters, so that others get motivated to join.
I saw your post last night and have some changes in mind for the NSC letter. But right now I'm working on having the 7001 piece out from my employer - hope others are doing that as well.
Thanks again for the initiative - Its always better to speak up about your pain rather than remaining silent.
Thanks!
Members, who were complaining about the slow processing of I-140's at TSC & NSC, now is the time to stand up and get counted. Please take the time to review the letter and then mail the DHS Form 7001 along with the letter to USCIS Ombudsman's office.
Members who have already done so, please encourage others suffering from these delays to join this campaign to make it effective. Also, please post on this thread once you have mailed the letters, so that others get motivated to join.
manderson
01-07 03:00 PM
My wife is still waiting for the AP. The receipt notice gives August 6 as the receipt date. She called USCIS last Tuesday and was told that USCIS is running really slow and is taking 180 days to process APs. The lady she spoke to asked my wife to call back after "it is 180 days past her notice date". Her 180 days will complete on February 6. We have postponed out travel plans several times.
is this NSC or TSC?
is this NSC or TSC?
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gcisadawg
02-13 09:06 PM
Yeah right . You dont mean to offend by being sarcastic. Why are you in US? Go take care of your old parents in India? More than your money they need your physical presence there.
Oh wait, you probably have a brother who did not study much or maybe a sister in India who is taking care of them and you only provide monetory support.
And yes, I dont care if this offends you.
Oh yeah, thank you for revealing your true self. You couldnt have done it better!
Way to go, dude/dudette!
Oh wait, you probably have a brother who did not study much or maybe a sister in India who is taking care of them and you only provide monetory support.
And yes, I dont care if this offends you.
Oh yeah, thank you for revealing your true self. You couldnt have done it better!
Way to go, dude/dudette!
more...
black_logs
03-09 12:05 PM
I think for legals, uptill now, it is just they will remove the cap from EB numbers for Schedule A workers ie. nurses etc.
pappu
08-12 11:40 AM
All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
I wish the Democrats lose big time and lose their hold from Senate and house.
They could have done this and re-captured visas with additional fees or whatever. And called it greencard fraud fees it that makes them happy. But the fact is they did not want to do anything to give relief to Immigrants. Recapture (hundreds of thousands of visas) would have significantly helped helped retrogressed countries like EB3 India, China, ROW and EB2 India China. They can take additional fees as long as we know the recapture is being done.
I wish the Democrats lose big time and lose their hold from Senate and house.
They could have done this and re-captured visas with additional fees or whatever. And called it greencard fraud fees it that makes them happy. But the fact is they did not want to do anything to give relief to Immigrants. Recapture (hundreds of thousands of visas) would have significantly helped helped retrogressed countries like EB3 India, China, ROW and EB2 India China. They can take additional fees as long as we know the recapture is being done.
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NKR
04-02 07:24 PM
Well said. I also wonder how that fellow has 4 greens. Funny forum. No fairness.
How do you rate a post?. How do you give a green/red?.
How do you rate a post?. How do you give a green/red?.
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anujcb
03-09 10:47 AM
indio, which title are they ralking abt? right now?
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greyhair
05-10 01:37 PM
I finished calling all Senators for the 2nd time. It feels good talking with them about my green card. I also called my Senators in CA. The person on the phone said they support CIR and green cards.
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immigrant-in-law
01-10 02:07 AM
Hi everyone,
Just wanted to let you know that my EB3 I-140 got approved today. I am a July 2007 concurrent filer. This wait has been frustrating and I've had to let many good opportunities pass by. I had, in the last 2 months, opened 2 service requests. I am not sure if they did the jobor may be the time has come when we will see July approvals coming in hordes.
Good luck to all of you.
Just wanted to let you know that my EB3 I-140 got approved today. I am a July 2007 concurrent filer. This wait has been frustrating and I've had to let many good opportunities pass by. I had, in the last 2 months, opened 2 service requests. I am not sure if they did the jobor may be the time has come when we will see July approvals coming in hordes.
Good luck to all of you.
more...
H1B-GC
02-07 09:25 AM
sorry to hear your situation 007! hope things work out for you in time. You could also consider heading home and having someone mail it to you once its received. just an option not sure what your situation is as far how far from approval etc etc
A Person cannot Travel before the AP gets Approved.If you do, means Abandoning your GC forever. Please be careful before you advise anyone on these critical issues.
A Person cannot Travel before the AP gets Approved.If you do, means Abandoning your GC forever. Please be careful before you advise anyone on these critical issues.
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Asian
08-10 10:44 AM
No. It is true to some extent that we are paying more taxes.
Take my case for an example. My kid is not an American citizen. She moved with us when she was a baby and currently under H-4 status. So she could not obtain social security number that is good for "authorized to work". Without the SSN, we were not eligible for certain child tax credit, which was hundreds of dollars. I tried an ITIN but I got a formal response from IRS that the child still needs to have a SSN to be eligible for the credit.
If you ever filed your tax return yourself and have a kid, you will know what I mean.
just one correction:
I do not think the above is true.
Take my case for an example. My kid is not an American citizen. She moved with us when she was a baby and currently under H-4 status. So she could not obtain social security number that is good for "authorized to work". Without the SSN, we were not eligible for certain child tax credit, which was hundreds of dollars. I tried an ITIN but I got a formal response from IRS that the child still needs to have a SSN to be eligible for the credit.
If you ever filed your tax return yourself and have a kid, you will know what I mean.
just one correction:
I do not think the above is true.
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jetflyer
12-15 11:34 AM
On a serious note: Our situation is not comparable with Independence War, we will not die if we don’t have GC, we all are doing Well/Good/Okay but our lives could be lot better if we have GC by NOW, not X years from now, we need it NOW. But seems to be we have made compromise with the situation and one way or other we are floating with our lives. Initiatives like Hunger Strike may not work well but some sort of Flower Campaign/similar initiatives may work well. Monthly donation seems to be upsetting because they can’t tie it straight with outcomes, its hard to keep people on the hook for long, everybody is expecting it to happen sooner and Lobbying works slowly, it’s the reality.
my2cents,
J.F.
(2000-2007 H1B, 2007-Now EAD)
my2cents,
J.F.
(2000-2007 H1B, 2007-Now EAD)
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sugaur
03-06 05:30 PM
Heres the sliver lining of all this immigration mess. Its good for spiritual development. I came here 10 years ago in mid 20s. My understanding of Indian philosophy was rudimentary at best. Now I have found reading and meditating on the meaning of Gita is one of the best ways for me to deal with the GC mess, and life in general. So I wonder if GC had been a smooth process would I have still discovered the beauty of the Gita?
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frostrated
08-12 01:10 PM
Not true. Whatever they can outsource, its already gone. There are certain position where the clients demand onsite resource. I am not supporting this bill in anyway, I hate infy as much as I hate this bill. Remember these companies did not leave any stone unturned, milked the client every possible way and expoilted the employees to the maximum extent. In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.
My wife works in a company where a good number of IT folks are staffed by INFY. The poor quality of work made the company think about not extending INFY's contract. But then it came out in the open that there was no documentation on how the applications were built, etc. INFY got wind of this, and now they have positioned themselves in the organization where without them, this company's IT would collapse.
There are many such stories of outsourcing firms that are holding client companies hostage. Though I do not agree with the bill, I think the bill brings back some ethics into play. Especially the L1 loophole.
My wife works in a company where a good number of IT folks are staffed by INFY. The poor quality of work made the company think about not extending INFY's contract. But then it came out in the open that there was no documentation on how the applications were built, etc. INFY got wind of this, and now they have positioned themselves in the organization where without them, this company's IT would collapse.
There are many such stories of outsourcing firms that are holding client companies hostage. Though I do not agree with the bill, I think the bill brings back some ethics into play. Especially the L1 loophole.
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optimystic
09-10 04:32 PM
To the commenter who red dotted with the comment
"bas*$%^&d - Take it easy. Either u want the system the way it is, or if u want it reformed, someone else has the equal right to get the benefit. I want the people with oldest PD's to get GC first; but please be nice to others.
"
I dont think I said anywhere in my post that I don't want "someone else to have the equal right to get benefit"...
What I actually said was in fact that everyone (not just some lucky ones) should have the equal right to get fair benefit within the scope of the existing set of rules that USCIS has itself put in place (Honoring PDs etc).
Please read posts carefully before commenting. And I personally usually refrain from giving red dots and comments in the backgroudd (Somehow it just seems a bit cowardly to me..but that's just my personal opinion).
And as far as bas*$%^&d, it was just a way of expression...Haven't you heard the phrase "You lucky bastard"
...although I agree people could percieve some element of frustration in there...and hence the 'no offence' additive in the brackets in my original post.
I would rather be frustrated at USCIS which richly deserves everone's anger/frustration, than at some unknown lucky bas*$%^&d :D
Now please go ahead and give me some greens so I can become eligible for the IV chat feature.... :D
Btw, I also came across a 'red dot vigilante', who gave me a red dot with the comment "I usually give red dots to people who complain about red dots" . (This was for some other post). Nice work sir...You seem to have a lot of time on your hands to do some vigilante work on the side lines :) . Please give some red dots to USCIS :D
"bas*$%^&d - Take it easy. Either u want the system the way it is, or if u want it reformed, someone else has the equal right to get the benefit. I want the people with oldest PD's to get GC first; but please be nice to others.
"
I dont think I said anywhere in my post that I don't want "someone else to have the equal right to get benefit"...
What I actually said was in fact that everyone (not just some lucky ones) should have the equal right to get fair benefit within the scope of the existing set of rules that USCIS has itself put in place (Honoring PDs etc).
Please read posts carefully before commenting. And I personally usually refrain from giving red dots and comments in the backgroudd (Somehow it just seems a bit cowardly to me..but that's just my personal opinion).
And as far as bas*$%^&d, it was just a way of expression...Haven't you heard the phrase "You lucky bastard"
...although I agree people could percieve some element of frustration in there...and hence the 'no offence' additive in the brackets in my original post.
I would rather be frustrated at USCIS which richly deserves everone's anger/frustration, than at some unknown lucky bas*$%^&d :D
Now please go ahead and give me some greens so I can become eligible for the IV chat feature.... :D
Btw, I also came across a 'red dot vigilante', who gave me a red dot with the comment "I usually give red dots to people who complain about red dots" . (This was for some other post). Nice work sir...You seem to have a lot of time on your hands to do some vigilante work on the side lines :) . Please give some red dots to USCIS :D
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conundrum
09-10 11:48 AM
Same here - Masters from US, with PD 2006....Stilllllllllllllllll waiting!!!!!
I was reading an article handed over by my Lawyer sometime back - the whole GC process was designed to be completed in 6 mos. end-to-end.
This goes to show how outdated the process is, plus the resource crunch they may be facing at USCIS.
All in all - it's a black hole...only your 'karma' can get you out of it:)
Check my signature! I have a MS and PhD from here... be thankfully you are so far ahead with your processing!
I can understand your frustration, but try to empathize with guys who have PD before you and are stuck in this lousy system.
I was reading an article handed over by my Lawyer sometime back - the whole GC process was designed to be completed in 6 mos. end-to-end.
This goes to show how outdated the process is, plus the resource crunch they may be facing at USCIS.
All in all - it's a black hole...only your 'karma' can get you out of it:)
Check my signature! I have a MS and PhD from here... be thankfully you are so far ahead with your processing!
I can understand your frustration, but try to empathize with guys who have PD before you and are stuck in this lousy system.
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JunRN
08-20 09:36 PM
While Illegal immigrants are simply using international drivers license, we, legal immigrants, are having difficulty getting to drive legally. This is simply ridiculous.
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kak1978
08-25 11:17 PM
Try IDBI, they have good rates.
walking_dude
07-06 12:54 AM
IV will become ready for elections when we have real candidates with real faces. I request all real candidates to publish their photos and accomplishments, their ideas for the organization; so that we can choose the best person for the job.
Any volunteers? Why don't I see a single volunteer! Seriously, can we have an election without candidates?!
I feel that initiator of this thread is not trying a coup d'�tat. He is merely pointing to the fact that every organization runs by elected officials. Having a life term president and core group is only heard in autocratic systems but not in a democratic one. What are we as an organization?
Why are we afraid of discussing new ideas? Why shouldn't we open up IV organization for elections? There is nothing wrong in declaring the rules and then playing by those rules.
So I completely support the guy who came up with this suggestion.
Any volunteers? Why don't I see a single volunteer! Seriously, can we have an election without candidates?!
I feel that initiator of this thread is not trying a coup d'�tat. He is merely pointing to the fact that every organization runs by elected officials. Having a life term president and core group is only heard in autocratic systems but not in a democratic one. What are we as an organization?
Why are we afraid of discussing new ideas? Why shouldn't we open up IV organization for elections? There is nothing wrong in declaring the rules and then playing by those rules.
So I completely support the guy who came up with this suggestion.
anindya1234
07-12 04:53 PM
Submitted Rep Lofgren's letter along with the article on Murthy website. They said they will get back to me.
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