desi3933
09-15 11:46 AM
.....
once your I-140 is approved, that date is yours.. but for only that preference category
.....
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
once your I-140 is approved, that date is yours.. but for only that preference category
.....
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
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man-woman-and-gc
09-10 08:15 PM
Well....what happened was in line with what USCIS has done in the past..Last year they made the PD's current and then made it unavailable...this year they jumped the PD by 2.5 years and so the next thing was obviously to retrogress it back by 1 year behind the original date...
For the first time they have not surprised me !!!!!
For the first time they have not surprised me !!!!!
insbaby
09-01 10:07 AM
Arrived 2000-February
1st Labor - 2003 - Company A (RIR)
2nd Labor - 2004 - Company B (RIR) (no one knows where it went)
3rd Labor - 2006 - Company B (PERM)
Managed to get a seat in 07-2007 bus
Still sleeping in the bus. Don't know when I reach the destination.
Even if life ends before the journey completes, the corpse will continue the travel until it gets the GC.
(not sure if AC-21s are applicable for corpses)
Poor EB3-I s, they have to travel with many corpses...
1st Labor - 2003 - Company A (RIR)
2nd Labor - 2004 - Company B (RIR) (no one knows where it went)
3rd Labor - 2006 - Company B (PERM)
Managed to get a seat in 07-2007 bus
Still sleeping in the bus. Don't know when I reach the destination.
Even if life ends before the journey completes, the corpse will continue the travel until it gets the GC.
(not sure if AC-21s are applicable for corpses)
Poor EB3-I s, they have to travel with many corpses...
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raju123
07-07 12:27 PM
I would suggest to meet your local Senator and pursue your case. Age-out is the genuine problem and I believe no lawmaker will deny to help in age-out case for legals. Only thing you need to pursue them how monster of retrogression is killing kids of legals with age-out weapon!
I am fully support this matter
None of the bills being considered currently benefit children of would-be legal immigrants, while the children of illegal immigrants are protected by the proposed DREAM ACT. Please write to senators and house representatives highlighting the "age-out" problem.
Appreciate your contribution to IV.
I am fully support this matter
None of the bills being considered currently benefit children of would-be legal immigrants, while the children of illegal immigrants are protected by the proposed DREAM ACT. Please write to senators and house representatives highlighting the "age-out" problem.
Appreciate your contribution to IV.
more...
carbon
07-20 03:27 PM
I thought Grassley is against skilled immigration!
He voted Yea!
He voted Yea!
rajeev_74
04-25 08:32 AM
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
more...
newbie2020
05-02 11:00 AM
Do we also need to contact the Senate Judiciary committee for any of these bills yet
http://judiciary.senate.gov/subcommittees/110/immigration110.cfm
http://judiciary.senate.gov/subcommittees/110/immigration110.cfm
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sands_14
01-06 12:50 PM
I e-filed for AP?
I have been asked to send ADIT photographs not computer photographs?
Anybody knows what ADIT means???
I am confused...
Please advise.
Please reply
I have been asked to send ADIT photographs not computer photographs?
Anybody knows what ADIT means???
I am confused...
Please advise.
Please reply
more...
truthinspector
09-14 10:12 PM
Well said ! It seems some people are under the assumption here that every EB2 has a higher IQ and skill than every EB3. I dont know where that logic comes from. Not to offend any highly educated EB2/EB1, but I have personally known so many highly qualified engineers who are extremely incompentent. A person's skill has no direct correlation with the EB category under which (s)he is filed. In my current job, I also know a EB1 engineer whose skills were questionable and was recently kicked out.
There is no reason to divide the community further. The notion of fairness is already destroyed due to pre-approved labor. I know someone who used it, and has a GC now. But guess what, he gets kicked out of any job every 6 months since he has no skills. Now , its easy for him to find a new job, since he has the GC. But 6 more months (or sometimes lesser) and he is jobless.
A lot of people had applied in EB3 since EB3 was current for a fairly long time and their lawyers suggested them
to do so to avoid additional documentation. Many of these people could have applied in EB2 as they had the required qualification including me (US masters). Just like you could have applied in EB1 since you have a Ph.D; but you decided to apply in EB2.
The catagory on which a person applies for greencard doesn't necessarily reflect his/her capability or intelligence. After all, if Michael Dell or Bill Gates had to apply for green card they had to apply in EB3. On the other hand, a lot of EB2 filers just fabricated their resumes with years of experience to qualify for EB2. But that shouldn't overcast shadows on real EB2 peoples ability.
I don't know from where you got your Ph.D but it definitely didn't inprove your ability to think rationally as evident in your post.
There is no reason to divide the community further. The notion of fairness is already destroyed due to pre-approved labor. I know someone who used it, and has a GC now. But guess what, he gets kicked out of any job every 6 months since he has no skills. Now , its easy for him to find a new job, since he has the GC. But 6 more months (or sometimes lesser) and he is jobless.
A lot of people had applied in EB3 since EB3 was current for a fairly long time and their lawyers suggested them
to do so to avoid additional documentation. Many of these people could have applied in EB2 as they had the required qualification including me (US masters). Just like you could have applied in EB1 since you have a Ph.D; but you decided to apply in EB2.
The catagory on which a person applies for greencard doesn't necessarily reflect his/her capability or intelligence. After all, if Michael Dell or Bill Gates had to apply for green card they had to apply in EB3. On the other hand, a lot of EB2 filers just fabricated their resumes with years of experience to qualify for EB2. But that shouldn't overcast shadows on real EB2 peoples ability.
I don't know from where you got your Ph.D but it definitely didn't inprove your ability to think rationally as evident in your post.
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ss1026
05-31 02:10 PM
Did get solved by Andrew Wiles in in the mid-nineties. To read about the history and drama behind this theorem, I suggest reading 'Fermat's Enigma' by Simon Singh. So I guess if that can be solved, PBEC could find a way out for all of us.
more...
gc_aspirant_prasad
07-06 01:57 PM
we really need this benefit....or else we may have our hair on fire....
Rumor has to be true..or else I am ......................going to Canada
me too. Personally I think Australia might have better weather but Canada is closer
Rumor has to be true..or else I am ......................going to Canada
me too. Personally I think Australia might have better weather but Canada is closer
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snathan
08-23 11:24 AM
At the end of the day what matters is you have an option open via this route. It is your personal choice if you would rather wait here 10 years or work in your home country for 1 year. Why shut a door that's meant for you? Opportunity is very hard to come by
Not everyone has the luxury to go to home country to work for one year. Its like telling the Eb3 person to port to EB2. Do you accept that. There are so many issues need to be factored in. So lets not get into something which is not fair or not possible for every one. They system is f*&ked up. thats the fact. When the system is not fair, we fight to fix and not finding the loopholes.
Not everyone has the luxury to go to home country to work for one year. Its like telling the Eb3 person to port to EB2. Do you accept that. There are so many issues need to be factored in. So lets not get into something which is not fair or not possible for every one. They system is f*&ked up. thats the fact. When the system is not fair, we fight to fix and not finding the loopholes.
more...
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h1techSlave
10-01 11:11 AM
It is so confusing that I do not know how to explain the whole thing.
Here is a small sample.
In 2002 all the EB visas were issued(174,968). However, there were 31,532 unused family preference visas, so the limit for 2003 was 171,532 (140,000 + 31,532).
Guess what, in 2003 they only approved 82,137 EB visas, so they ended up with 88,482 unused EB visas
Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.
This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.
Can the IV community do some thing to improve the whole situation?
I am seeing two specific bottlenecks.
1. Delay in USCIS to process applications. This is an area, that we can do something. And I am already seeing a huge improvement from USCIS in terms of fast processing.
2. Delay in FBI namecheck. Again this is an area we can do something. I don't know what, but there should be something that we can do. Many of my friends have been writing to Laura Bush explaining their FBI namecheck bottleneck and a few of them got positive results.
Here is a small sample.
In 2002 all the EB visas were issued(174,968). However, there were 31,532 unused family preference visas, so the limit for 2003 was 171,532 (140,000 + 31,532).
Guess what, in 2003 they only approved 82,137 EB visas, so they ended up with 88,482 unused EB visas
Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.
This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.
Can the IV community do some thing to improve the whole situation?
I am seeing two specific bottlenecks.
1. Delay in USCIS to process applications. This is an area, that we can do something. And I am already seeing a huge improvement from USCIS in terms of fast processing.
2. Delay in FBI namecheck. Again this is an area we can do something. I don't know what, but there should be something that we can do. Many of my friends have been writing to Laura Bush explaining their FBI namecheck bottleneck and a few of them got positive results.
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Libra
09-10 04:44 PM
thanks madhuri and rajusk for contributions. we love to see you guys in DC. hope you can make it. thanks.
more...
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JunRN
10-03 10:56 PM
Concurrent filing can be done by anyone with approved Labor Certification. Schedule A applicants already have pre-approved LC.
This means, that not only Schedule A can file concurrently but also others as well.
This means, that not only Schedule A can file concurrently but also others as well.
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pappu
08-10 09:18 PM
When can we expect these Op-eds to be published? Will you be posting some kind of update here to let us know?
we have got only the ones on this thread till now. i am hoping few others may also send. there were many people who volunteered to write by sending me a response PM.
i want to wait for some time and see the different topics covered and decide the media outlets based on that.
if you/anyone has some good suggestions of sending these op-eds to media let me know too.
we have got only the ones on this thread till now. i am hoping few others may also send. there were many people who volunteered to write by sending me a response PM.
i want to wait for some time and see the different topics covered and decide the media outlets based on that.
if you/anyone has some good suggestions of sending these op-eds to media let me know too.
more...
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indyanguy
07-11 11:30 AM
No good news for me. I am EB3-I.
By the way, if the PD is current for those who have already applied for I-485, does it mean they are guaranteed to get their GCs processed? What if EB2-I becomes U in September? Just wanted to know the importance of a PD becoming current for folks who have already applied for 485.
Thanks
By the way, if the PD is current for those who have already applied for I-485, does it mean they are guaranteed to get their GCs processed? What if EB2-I becomes U in September? Just wanted to know the importance of a PD becoming current for folks who have already applied for 485.
Thanks
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gcwait
09-11 05:06 PM
Contributed small amount of $100.
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mbawa2574
03-04 05:16 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:
Obama is ready to give out a home loan to a drug dealer on the street but a hardworking,tax paying , wealth creator skilled immigrant won't get it.
So this is a new feature of Obama Nation:mad:
Liberals shame on you for electing this inexperienced socialist communist to the white house.
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:
Obama is ready to give out a home loan to a drug dealer on the street but a hardworking,tax paying , wealth creator skilled immigrant won't get it.
So this is a new feature of Obama Nation:mad:
Liberals shame on you for electing this inexperienced socialist communist to the white house.
susie
07-15 11:18 AM
Hi
Here is one draft, not sure if it is the final draft and still checking, but this gives you and idea of our thoughts
Dear Rep./Sen./Readers
Expat�s Voice: Representing the Expat Community
We at Expat�s Voice ask for your support in achieving genuinely comprehensive and fair immigration reform.
Our organization represents thousands of members who have legally immigrated to the United States, including immigrant and nonimmigrant visa holders, and those that are awaiting immigration. The diversity of our membership means we truly understand first hand the problems with the current immigration system.
We commend the work of the Government in attempting to bring in much needed reform. However, the rights of many, specifically of children and of legal immigrants are being overlooked, and we want to bring the pertinent issues to your attention.
First, we ask for a much needed compassionate visa. Many of our members, due to immigration related reasons cannot leave the country without repercussions for their visa status. They have elderly Parents and other relatives in seriously ill condition. Similarly, our own families have not been allowed to enter the USA on a compassionate basis. My own husband passed away last year, but my son was refused a temporary visa to pay his last respects because of problems with �immigrant intent.� The US Embassy showed no compassion or common sense. Yet due to the unfairness of the system, many families have to suffer this type of humiliation on a regular basis as a result of the system, largely because of reasons of mere technicalities. This has to change.
Second, we support all measures that protect children. They are innocent in the whole immigration process whether brought to this country legally or illegally. The US Government has failed repeatedly to bring the Dream Act to fruition. We ask that ALL children, whether having entered the USA illegally or under legal nonimmigrant status, who can bring so much benefit to this country�s future be recognized and protected as soon as possible. There is ambiguity as to whether the Dream Act protects all children the meet the criteria or only illegal children; if it is the latter it needs to expanded to cover legal migrant children, whose Parents have respected and abided with US immigration laws. In addition, the legislation would not prevent certain nonimmigrant dependent (such as E dependents) from aging out at 21 unless they meet certain criteria. Therefore, we also ask for an amendment to the Child Protection Status Act of 2002 (CSPA), if not in the Dream Bill, to prevent these families from being separated when the child reaches 21.
Third, many children �age out� due to the long waiting periods involved with family-based petitions. The Child Protection Status Act of 2002 (CSPA) was intended to address many of these issues, but the legislation has simply failed in this aim. Many of our members are now stuck in their country of residence, despite their Parents and younger siblings having already immigrated to the USA. The CSPA was designed to ensure children who aged out were awarded earlier priority dates associated with their previous petition to prevent being forced to the back of the line with a new petition and new priority date (and, when taking into account the waits associated with both the original petition and the subsequent petition after aging out, this can cause waits in excess of 30 years). However, the failure of the USCIS to apply this law correctly, because of an ambiguity in the way section 3 (INS, section 203(h)) is drafted, and the fact no visa advisory opinion nor any rules have been issued after four and half years since the CSPA was enacted, means many families remain separated.
Fourth, many of our members are E2 and L1 visa holders. They contribute millions of dollars to the US economy and provide employment to many American citizens. However, despite being in this country legally and providing many benefits, they are treated like second class members in the USA. Our E2 members have to return to their country every two years to renew their visa, with no guarantee of visa renewal putting their investment and the American employees at serious risk. This is compounded with severe delays in visa processing times, particularly in London. Despite providing these benefits, often for more than a decade, it is very disappointing that our members do not have a direct path to citizenship. What is even more surprising is that despite having abided by and respected US laws, it is the illegal immigrants who stand to directly benefit from the Strive Bill with a direct path to permanent residency and citizenship.
Our members, many of who are British citizens, feel cheated by the US Government. Much is spoken of our �special relationship,� but in practice it seems the rights of illegal immigrants take priority. Further, many have suffered from poor treatment by immigration and enforcement officials, but we remain patient and respectful. As an organization we are neither for nor against the rights of illegal immigrants. We simply ask that our commitment and duty to this country be recognized with at least equal reward and that you support Rep. Heather Wilson�s proposed E2 Nonimmigrant Investor Adjustment Act of 2007. We do, however, believe the 3,000 proposed figure will create a backlog of investor immigrants and so urge you to remove the proposed cap, or support a larger number and/or also introduce an annual increase to meet market demand.
In sum we ask you for fair reforms: to recognize the principle of family reunification through amendments to the CSPA; to reward those who abide by and respect US laws to at least the same level as those that don�t; to treat the children with compassion and open arms by giving them an opportunity to remain in and benefit this great country; and to show compassion and prevent humiliation to many thousands of families, by allowing family members to be with their loved one on a temporary basis in their time of need and often in their last moments, both in the USA and outside the USA.
For more information please also visit us at www.expatsvoice.org. We have also included an appendix discussing the issues more fully with draft amendments and explanations to provide solutions to the above issues.
Sincerely,
Mrs. S Ward
For and on behalf of
Expats Voice
www.expatsvoice.org
Here is one draft, not sure if it is the final draft and still checking, but this gives you and idea of our thoughts
Dear Rep./Sen./Readers
Expat�s Voice: Representing the Expat Community
We at Expat�s Voice ask for your support in achieving genuinely comprehensive and fair immigration reform.
Our organization represents thousands of members who have legally immigrated to the United States, including immigrant and nonimmigrant visa holders, and those that are awaiting immigration. The diversity of our membership means we truly understand first hand the problems with the current immigration system.
We commend the work of the Government in attempting to bring in much needed reform. However, the rights of many, specifically of children and of legal immigrants are being overlooked, and we want to bring the pertinent issues to your attention.
First, we ask for a much needed compassionate visa. Many of our members, due to immigration related reasons cannot leave the country without repercussions for their visa status. They have elderly Parents and other relatives in seriously ill condition. Similarly, our own families have not been allowed to enter the USA on a compassionate basis. My own husband passed away last year, but my son was refused a temporary visa to pay his last respects because of problems with �immigrant intent.� The US Embassy showed no compassion or common sense. Yet due to the unfairness of the system, many families have to suffer this type of humiliation on a regular basis as a result of the system, largely because of reasons of mere technicalities. This has to change.
Second, we support all measures that protect children. They are innocent in the whole immigration process whether brought to this country legally or illegally. The US Government has failed repeatedly to bring the Dream Act to fruition. We ask that ALL children, whether having entered the USA illegally or under legal nonimmigrant status, who can bring so much benefit to this country�s future be recognized and protected as soon as possible. There is ambiguity as to whether the Dream Act protects all children the meet the criteria or only illegal children; if it is the latter it needs to expanded to cover legal migrant children, whose Parents have respected and abided with US immigration laws. In addition, the legislation would not prevent certain nonimmigrant dependent (such as E dependents) from aging out at 21 unless they meet certain criteria. Therefore, we also ask for an amendment to the Child Protection Status Act of 2002 (CSPA), if not in the Dream Bill, to prevent these families from being separated when the child reaches 21.
Third, many children �age out� due to the long waiting periods involved with family-based petitions. The Child Protection Status Act of 2002 (CSPA) was intended to address many of these issues, but the legislation has simply failed in this aim. Many of our members are now stuck in their country of residence, despite their Parents and younger siblings having already immigrated to the USA. The CSPA was designed to ensure children who aged out were awarded earlier priority dates associated with their previous petition to prevent being forced to the back of the line with a new petition and new priority date (and, when taking into account the waits associated with both the original petition and the subsequent petition after aging out, this can cause waits in excess of 30 years). However, the failure of the USCIS to apply this law correctly, because of an ambiguity in the way section 3 (INS, section 203(h)) is drafted, and the fact no visa advisory opinion nor any rules have been issued after four and half years since the CSPA was enacted, means many families remain separated.
Fourth, many of our members are E2 and L1 visa holders. They contribute millions of dollars to the US economy and provide employment to many American citizens. However, despite being in this country legally and providing many benefits, they are treated like second class members in the USA. Our E2 members have to return to their country every two years to renew their visa, with no guarantee of visa renewal putting their investment and the American employees at serious risk. This is compounded with severe delays in visa processing times, particularly in London. Despite providing these benefits, often for more than a decade, it is very disappointing that our members do not have a direct path to citizenship. What is even more surprising is that despite having abided by and respected US laws, it is the illegal immigrants who stand to directly benefit from the Strive Bill with a direct path to permanent residency and citizenship.
Our members, many of who are British citizens, feel cheated by the US Government. Much is spoken of our �special relationship,� but in practice it seems the rights of illegal immigrants take priority. Further, many have suffered from poor treatment by immigration and enforcement officials, but we remain patient and respectful. As an organization we are neither for nor against the rights of illegal immigrants. We simply ask that our commitment and duty to this country be recognized with at least equal reward and that you support Rep. Heather Wilson�s proposed E2 Nonimmigrant Investor Adjustment Act of 2007. We do, however, believe the 3,000 proposed figure will create a backlog of investor immigrants and so urge you to remove the proposed cap, or support a larger number and/or also introduce an annual increase to meet market demand.
In sum we ask you for fair reforms: to recognize the principle of family reunification through amendments to the CSPA; to reward those who abide by and respect US laws to at least the same level as those that don�t; to treat the children with compassion and open arms by giving them an opportunity to remain in and benefit this great country; and to show compassion and prevent humiliation to many thousands of families, by allowing family members to be with their loved one on a temporary basis in their time of need and often in their last moments, both in the USA and outside the USA.
For more information please also visit us at www.expatsvoice.org. We have also included an appendix discussing the issues more fully with draft amendments and explanations to provide solutions to the above issues.
Sincerely,
Mrs. S Ward
For and on behalf of
Expats Voice
www.expatsvoice.org
gcformeornot
05-28 08:05 AM
please contribute
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