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Canadian_Dream
06-02 08:18 PM
You are correct, it only uses I-140 application as a basis of setting the cut-off (Not I-485).
In my opinion:
Date of Introduction: May 15 2007
Effective Date: Oct 01 2008
Scenarios:
Scenario 1: I-140 Filed after Introduction and Approved before effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 2: I-140 Filed after Introduction and not approved on the effective date. These cases have to refile.
Scenario 3: I-140 Filed before Introduction and not approved on the effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 4: I-140 not filed becasue of backlogged labor. They retain the priority date but have to restart in the new system, whatever that means.
Only bad scenario is 2 and 4. The other bad aspect is reduced supply of immigrant visa 90,000.
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
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.
In my opinion:
Date of Introduction: May 15 2007
Effective Date: Oct 01 2008
Scenarios:
Scenario 1: I-140 Filed after Introduction and Approved before effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 2: I-140 Filed after Introduction and not approved on the effective date. These cases have to refile.
Scenario 3: I-140 Filed before Introduction and not approved on the effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 4: I-140 not filed becasue of backlogged labor. They retain the priority date but have to restart in the new system, whatever that means.
Only bad scenario is 2 and 4. The other bad aspect is reduced supply of immigrant visa 90,000.
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
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.
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TeddyKoochu
12-10 07:20 PM
What are you repenting? That you were not married in July 07 ... well that's not your 'sin' or is it?
Friend agree with what you say, but the pain for Jul 07 Misser's is the maximum (Or atleast one of the worst) in the group. I just happened to miss the windfall because my labor was approved couple of months later. For individuals in our group being able to file for 485 is itself equivalent to getting GC as it enables us to get EAD & AP for self and family, if you ask us we don't mind paying the fee. We don’t know when we will reach the Toll Plaza for the 485 tunnel, or where it is right now or how far are we! Every year is part of hoping till the very end, only our optimism lives on.
Friend agree with what you say, but the pain for Jul 07 Misser's is the maximum (Or atleast one of the worst) in the group. I just happened to miss the windfall because my labor was approved couple of months later. For individuals in our group being able to file for 485 is itself equivalent to getting GC as it enables us to get EAD & AP for self and family, if you ask us we don't mind paying the fee. We don’t know when we will reach the Toll Plaza for the 485 tunnel, or where it is right now or how far are we! Every year is part of hoping till the very end, only our optimism lives on.
GCBy3000
07-06 05:23 PM
I am not seeing this in mathew Oh site. Where did you get this from?
From OH mathew
--------------------------------------------------------------------------------
07/06/2007: Revised July 2007 Visa Bulletin
The State Department has just released new July 2007 Visa Bulletin rather than "Update." It appears that this is intended to make it official July 2007 Visa Bulletin rather than previous release which was "update" in anticipation of the ALF class action lawsuit. One of the claims which have been addressed by various sources, INCLUDING THIS WEBSITE, was whether "update" can be considered a revised Visa Bulletin for the purpose of the regulations of DOS and USCIS. If it is not, the USCIS would have no authority to reject the I-485 applications in July.
There is still confusion as to which one is considered July Visa Bulletin which is provided in the DOS and USCIS regulations as they have released three versions: (1) Visa Bulletin released in June; (2) Update of July Visa Bulletin; and (3) July Visa Bulletin which has just been released today. This can affect the definition of "class" of the class action and latter two releases can fall under the two different classes. I wonder why the DOS is adding further confusion to the nation which is already in a state of extreme confusion and in despair because of their previous action.
http://www.immigration-law.com/
From OH mathew
--------------------------------------------------------------------------------
07/06/2007: Revised July 2007 Visa Bulletin
The State Department has just released new July 2007 Visa Bulletin rather than "Update." It appears that this is intended to make it official July 2007 Visa Bulletin rather than previous release which was "update" in anticipation of the ALF class action lawsuit. One of the claims which have been addressed by various sources, INCLUDING THIS WEBSITE, was whether "update" can be considered a revised Visa Bulletin for the purpose of the regulations of DOS and USCIS. If it is not, the USCIS would have no authority to reject the I-485 applications in July.
There is still confusion as to which one is considered July Visa Bulletin which is provided in the DOS and USCIS regulations as they have released three versions: (1) Visa Bulletin released in June; (2) Update of July Visa Bulletin; and (3) July Visa Bulletin which has just been released today. This can affect the definition of "class" of the class action and latter two releases can fall under the two different classes. I wonder why the DOS is adding further confusion to the nation which is already in a state of extreme confusion and in despair because of their previous action.
http://www.immigration-law.com/
2011 Image: Wallpaper. Bar Refaeli
lazycis
11-20 06:25 PM
Yep, Ron G. precisely described risks of focusing on maintaining H1 and forgetting about maintaining EAD.
more...
Libra
09-11 09:54 PM
thank you desi_unlucky, you'll be lucky soon :-)
go_guy123
06-11 12:14 PM
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?
Hi waitforevergc
You say that you are in non IT
If you don't mind which area are you in ? Oil/Mining/Finance sector ?.
You can try the Canada option like me. Lately Alberta/Canada closed
the door for IT people, therefore I am wondering if you have other options in Canada.
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?
Hi waitforevergc
You say that you are in non IT
If you don't mind which area are you in ? Oil/Mining/Finance sector ?.
You can try the Canada option like me. Lately Alberta/Canada closed
the door for IT people, therefore I am wondering if you have other options in Canada.
more...
abhishek101
09-08 11:38 AM
Similar law exists in UK if you are on workpermit for 5 years you automatically get Permanent residency.
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billu
09-04 08:10 AM
i feel sad for our country of birth which is in such a bad shape that we would rather be exploited and wait 10+ yrs for GC in USA than go back!!!
more...
ramkigr@hotmail.com
04-17 09:58 AM
HSBC denied my refinance application because of EAD status. They said EAD is not one of the statuses they accept. They needed either H1B or GC status. I lost my $325 rate locking fee, not sure what else my real estate attorney is going to charge me because of this denial. I am in the process of talking to other banks.
Hope this helps someone not to loose money.
Hope this helps someone not to loose money.
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ramaonline
06-16 06:40 PM
Another paypal contribution on top of the previous amts - just in response to those friendly bumps..
ID - 8U366744YC025615S
ID - 8U366744YC025615S
more...
anzerraja
09-11 07:20 PM
Order Details - Sep 11, 2007 4:42 PM PDT
Google Order #473670082977971
Good luck IV !!!
Google Order #473670082977971
Good luck IV !!!
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dilvahabilyeha
07-20 10:11 AM
He did not voted
Absent! mean 'NAY', that's what earlier post says to me!
Absent! mean 'NAY', that's what earlier post says to me!
more...
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ambals03
04-30 09:54 AM
Senator John Kyl (R-Texas)
Should say:
Senator Jon Kyl - (R - AZ)
(202) 224-4521
Should say:
Senator Jon Kyl - (R - AZ)
(202) 224-4521
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indio0617
03-09 11:35 AM
Has Any Senetor Brought An Amendment To Reinstate Ac21 Provison To Eliminate Country Quota(10%), If Demand Of Visas Is Less Than Supply? The Orignial Spector Markup Deleted This Provision From The Ina. This Is A Big Blow To Oversbuscribing Countries, Unless The Current Markup Is Modified Thro An Amendment.
Is There Any Update From Iv Core Members On This Issue?
No. Nothing on that. They are not done with the discussions yet and have more titles to discuss. They only finished title 2..
OK ... guys.... Bye..
Is There Any Update From Iv Core Members On This Issue?
No. Nothing on that. They are not done with the discussions yet and have more titles to discuss. They only finished title 2..
OK ... guys.... Bye..
more...
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muni_k
06-10 11:10 AM
snhn
what is a DWI?thanks.
what is a DWI?thanks.
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raysaikat
01-06 12:35 AM
Couldn't agree more - especially about paying for ANY college here vs. in India.
I studied in IIT (B.Tech), got M.S. and Ph.D. from here and now a professor. My observations/opinions are as follows:
1. Up to class XII, Indian schools are good. However, there are certain fundamental differences. Indian schools teach more material and sometimes more challenging material than U.S. schools. However, the majority of the students end up merely "remembering" and not learning; even in sciences. In general, an average student from an Indian school system would "know" more than an average student from an U.S. high-school, although in my view such "knowledge" (remembering something as a "data") is worthless. However, U.S. school system tends not to kill the curiosity and creativity of the students, which Indian system does. For good and brilliant students, however, there is no clear trend; you can get excellent and creative students from both systems.
2. There are a handful of fine undergraduate institutes in India. The names comes to my mind are IITs, some RECs (Trichi used to be good), Jadavpur Univ., Roorkie, BHU, etc. (although IITs remain at a level higher than the rest). If you include maths, then count ISI's, which are better than IITs. The rest are just crappy. And I know how crappy can they be from my experience. I have the misfortune of teaching 100's of students who come here with an Anna University (or Osmania) B.Tech./B.E. degree in engineering, and knows absolutely nothing. And I am not exaggerating: they cannot write an elementary program in any language (apparently they learn something called "theoretical" computer programming in which they do not actually learn to program); does not know any mathematics (most cannot integrate x*exp(x); one student could not tell me what is f(0.7) by looking at a graph of x vs. f(x)) and cannot operate simple lab equipments. It is just unbelievable! Anyway, moving on.
3. M.S. onwards, Indian Universities are bad. The only quality Institute in India in Engineering at the M.S. level is IISc. You have some more in other science related disciplines like TIFR (not sure if they give M.S. degree). IITs are not good at the M.S. level and beyond (in case you did not know: M.S. students in IITs are called "Matka"s and professors never grade M.S. students in the same scale with the B.Tech students in the fear that most M.S. student would then fail! And this indeed happened; true story.).
There is indeed a severe dearth of qualified Ph.D. graduates in India. I had spoken with the director of Bell Labs in India and he finds it very difficult to find people who can work in R/D as a profession
The basic problem is finding qualified teaching staffs. Professor's salaries, even in IITs, are about 7-10 times lower than what a qualified person with an equivalent degree currently gets in Industry. No wonder they cannot find faculty members (I have---well, at least had---an open faculty position offer from the director of an IIT; they are desperate for good persons). The compensation gap is too large, even considering nice faculty housing in a good place and good community for your family inside the IIT.
By the way, no doubt there are crappy universities in the U.S. as well; especially at the M.S. level since there is no accreditation at the M.S. level.
I studied in IIT (B.Tech), got M.S. and Ph.D. from here and now a professor. My observations/opinions are as follows:
1. Up to class XII, Indian schools are good. However, there are certain fundamental differences. Indian schools teach more material and sometimes more challenging material than U.S. schools. However, the majority of the students end up merely "remembering" and not learning; even in sciences. In general, an average student from an Indian school system would "know" more than an average student from an U.S. high-school, although in my view such "knowledge" (remembering something as a "data") is worthless. However, U.S. school system tends not to kill the curiosity and creativity of the students, which Indian system does. For good and brilliant students, however, there is no clear trend; you can get excellent and creative students from both systems.
2. There are a handful of fine undergraduate institutes in India. The names comes to my mind are IITs, some RECs (Trichi used to be good), Jadavpur Univ., Roorkie, BHU, etc. (although IITs remain at a level higher than the rest). If you include maths, then count ISI's, which are better than IITs. The rest are just crappy. And I know how crappy can they be from my experience. I have the misfortune of teaching 100's of students who come here with an Anna University (or Osmania) B.Tech./B.E. degree in engineering, and knows absolutely nothing. And I am not exaggerating: they cannot write an elementary program in any language (apparently they learn something called "theoretical" computer programming in which they do not actually learn to program); does not know any mathematics (most cannot integrate x*exp(x); one student could not tell me what is f(0.7) by looking at a graph of x vs. f(x)) and cannot operate simple lab equipments. It is just unbelievable! Anyway, moving on.
3. M.S. onwards, Indian Universities are bad. The only quality Institute in India in Engineering at the M.S. level is IISc. You have some more in other science related disciplines like TIFR (not sure if they give M.S. degree). IITs are not good at the M.S. level and beyond (in case you did not know: M.S. students in IITs are called "Matka"s and professors never grade M.S. students in the same scale with the B.Tech students in the fear that most M.S. student would then fail! And this indeed happened; true story.).
There is indeed a severe dearth of qualified Ph.D. graduates in India. I had spoken with the director of Bell Labs in India and he finds it very difficult to find people who can work in R/D as a profession
The basic problem is finding qualified teaching staffs. Professor's salaries, even in IITs, are about 7-10 times lower than what a qualified person with an equivalent degree currently gets in Industry. No wonder they cannot find faculty members (I have---well, at least had---an open faculty position offer from the director of an IIT; they are desperate for good persons). The compensation gap is too large, even considering nice faculty housing in a good place and good community for your family inside the IIT.
By the way, no doubt there are crappy universities in the U.S. as well; especially at the M.S. level since there is no accreditation at the M.S. level.
more...
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eb3retro
03-04 02:44 PM
got an RFE on my case alone, not sure abt the details, since i have not recieved it in hand. you can know my PD details in the signature.
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cjagtap
08-10 09:51 PM
any TSC receipts??????? mine was TSC -2 nd July..
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chisinau
07-23 02:46 AM
My attorney told me that there is a chanse that they will be able to approve my DS230 this time, before the retro will hit us again in August. Hope his data is correct. Usually they need 5 - 8 weeks for DS230. And as far as I understand the process, they work with DS230 only if your PD is current, so until the 17-th of August we might hear some good news about DS230. But this is the only positive outcome of the July VB for us.
If the October VB shows "current" for our PD we would have our appointment in consulate. Othervise, no GC in near future.
From my point of view, the chanses to have our interview in october or november are slim. There is a lot of applicants in EB3 before us + I485 recent August approvals. Where they will find visas for AOS applicants? They have already waisted all visa numbers for 2007, but still alowing to file I485... About I485 I am not sure, correct me if I am wrong. Anyway, I believe that there will be severe retrogression begining from the next Fiscal Year.
The only hope we have - is "bridge legislation" for schedule A. Without it even persons on advanced stages of CP will have to wait months or even years for the interview:::((((
P.S.
Just curious.:::))) Where are you from, peyton sawyer? Where in the US are you going to live? I am going to High Point, NC.
If the October VB shows "current" for our PD we would have our appointment in consulate. Othervise, no GC in near future.
From my point of view, the chanses to have our interview in october or november are slim. There is a lot of applicants in EB3 before us + I485 recent August approvals. Where they will find visas for AOS applicants? They have already waisted all visa numbers for 2007, but still alowing to file I485... About I485 I am not sure, correct me if I am wrong. Anyway, I believe that there will be severe retrogression begining from the next Fiscal Year.
The only hope we have - is "bridge legislation" for schedule A. Without it even persons on advanced stages of CP will have to wait months or even years for the interview:::((((
P.S.
Just curious.:::))) Where are you from, peyton sawyer? Where in the US are you going to live? I am going to High Point, NC.
GOTGC
07-24 08:41 AM
I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
POSSIBLE ONLY IF YOU APPLIED UNDER EB1 ..IMPOSSIBLE FOR EB3 CATEGORY(EVEN ROW).. AND EB2(RETROGRESSED COUNTRIES)..
WHATEVER MENTIONED ABOVE IS IMPOSSIBLE
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
POSSIBLE ONLY IF YOU APPLIED UNDER EB1 ..IMPOSSIBLE FOR EB3 CATEGORY(EVEN ROW).. AND EB2(RETROGRESSED COUNTRIES)..
WHATEVER MENTIONED ABOVE IS IMPOSSIBLE
seahawks
09-12 12:55 AM
awesome bump thread....
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