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
wallpaper Eliza Dushku Photo
ashutrip
06-18 10:37 AM
Good Morning guys,
So we all should be fine to file I-485 up until end of September guys, before the retro kicks off ?
Lawyers sugarcoat things man....I am getting bad vibes...that it will be august!
So we all should be fine to file I-485 up until end of September guys, before the retro kicks off ?
Lawyers sugarcoat things man....I am getting bad vibes...that it will be august!
tikka
07-18 04:21 PM
I wish we make it only for contributing members.
good idea ! :D
good idea ! :D
2011 Eliza Dushku Joins Damon
akhilmahajan
07-15 08:46 PM
Total So far 1660.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.
COME ON FOLKS HELP IV HELP YOURSELF.
COME ON FOLKS HELP IV HELP YOURSELF.
more...
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.
nixstor
04-30 02:57 PM
Tony Edson, Charlie Oppenheim's boss explaining the process of how the PD's are moved in VB. Says CIS uses 90% of the EB visa numbers. Says their job in last quarter becomes tough because of unpredictability and talks about the 95% utilization rate of visa numbers with in DOS
more...
chisinau
11-02 12:28 PM
NURSE, H-1B FEES TORPEDOED FROM BUDGET BILL
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
http://blogs.ilw.com/gregsiskind/
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
http://blogs.ilw.com/gregsiskind/
2010 Eliza Dushku at 2009 Film
anilsal
12-18 05:35 PM
Apparently, we were pretty pretty close to getting retrogression eradicated in the lame duck session, according to an IV core member.
Now based on that, can you lose heart?
I think we should continue calling Sen.Cornyn's office and keep him motivated to get the SKIL bill tabled and cleared in the next congress. ;)
Now based on that, can you lose heart?
I think we should continue calling Sen.Cornyn's office and keep him motivated to get the SKIL bill tabled and cleared in the next congress. ;)
more...
BPforGC
03-05 02:36 PM
No labor (NIW). PD April 2007. 485 in July 2007. All @ NSC
My wife got RFE. Answered and received by USCIS on 26th Nov 2008. States "RFE received, case processing resumed". Soft on 2/25/2009.
My 485: Case received on 24th July 2007... blah..blah...blah. Soft LUD 11/10/2008.
EADs are approved and later renewed in 9-10 days (yes, 9-10 DAYS, USCIS is lightning fast in this aspect) at TSC, 2 yr EAD.
NSC says my preadjudication complete, FBI cleared and waiting to be assigned to an officer. Same case as others "pending...VISA availability".
Unless there is a legislation change, I have to wait till PD becomes current. However, the adjudication office can override the PD and allocate VISA number with a justification. This has happened to many people, so PD and VISA allocation is not an absolute must.
Lets hope....:D
My wife got RFE. Answered and received by USCIS on 26th Nov 2008. States "RFE received, case processing resumed". Soft on 2/25/2009.
My 485: Case received on 24th July 2007... blah..blah...blah. Soft LUD 11/10/2008.
EADs are approved and later renewed in 9-10 days (yes, 9-10 DAYS, USCIS is lightning fast in this aspect) at TSC, 2 yr EAD.
NSC says my preadjudication complete, FBI cleared and waiting to be assigned to an officer. Same case as others "pending...VISA availability".
Unless there is a legislation change, I have to wait till PD becomes current. However, the adjudication office can override the PD and allocate VISA number with a justification. This has happened to many people, so PD and VISA allocation is not an absolute must.
Lets hope....:D
hair Eliza Dushku 0306
chanduv23
11-17 05:16 PM
Update: Googling and found the muthy forums thread what I was mentioned earlier.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl reported succssfully renewed EAD, AP while appeal to 485 denial was pending.
Desi we definitely need to get clarification on this. Can you post a message with interpretations from differnet lawyers? Maybe we can get more people to ask their lawyers like Fragomen, Shusterman, Siskind ..... we will then match.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl reported succssfully renewed EAD, AP while appeal to 485 denial was pending.
Desi we definitely need to get clarification on this. Can you post a message with interpretations from differnet lawyers? Maybe we can get more people to ask their lawyers like Fragomen, Shusterman, Siskind ..... we will then match.
more...
Macaca
09-12 12:15 PM
I had started with the online press release sites, which one should be higher priority?
Pick whatever you like and feel comfortable with. Post it here so we know.
I will work on Washington Post and New York Times. Then, I will work on Associated Press and Reuters.
gsc999 and Franklin should work on Mercury News and San Francisco Chronicle. I think they have a DC office.
First, I have to come up with a sexy letter!
Pick whatever you like and feel comfortable with. Post it here so we know.
I will work on Washington Post and New York Times. Then, I will work on Associated Press and Reuters.
gsc999 and Franklin should work on Mercury News and San Francisco Chronicle. I think they have a DC office.
First, I have to come up with a sexy letter!
hot Eliza Dushku Tattoos
drirshad
06-10 08:19 AM
I was watching one of these stand up comedy:
The guy says, why do the diamond companies come out with logos like
Diamonds are forever, just say Diamonds - that will shut her up.
The EB-GC is like the diamond for us buddies, it will sure shut us up.
We already have lost a decade of our lives in this grinding be it another, ain't got anything better to do.
The guy says, why do the diamond companies come out with logos like
Diamonds are forever, just say Diamonds - that will shut her up.
The EB-GC is like the diamond for us buddies, it will sure shut us up.
We already have lost a decade of our lives in this grinding be it another, ain't got anything better to do.
more...
house Pictures of Eliza Dushku
singhsa3
07-20 03:48 PM
Not sure what your concerns are my freind. My intentions were pure and as follows:
a) We have won a battle but war is far from over.
b) Whole point of being able to file 485 is to obtain interim benefits, if there are substantial delays then whats the point.
c) There are other priorities in the life and it will be unfortumate if those are hostages to EAD/GC/AP.
e) The reality of the situation might inspire people to make change happen.
Having said that, I would like to express my disappointment on your tone of the message. Unlike yours, my message was not personal in nature. Your comments made me feel bad. I urge you to please exercise restraint. We are a team here!
Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.
So what are trying to prove ? Generally i dont respond but this just shows that you have a lot of time. Why dampen people's spirits by such post or why try to say that whatever IV has done is a waste. That is what i get from what you have posted. If you are cynical, keep it to your own self, dont start such negative threads. Dont know you and this is not a personal attack but think twice before you create such posts, because they are disheartening for many (including me) who are so frustrated that they can believe any thing negative. Chill out and let us enjoy the moment why we have it, if things change over the period, we are fighters, we will survive but dont add to our problems by your predictions and logic (which might be right to start with but do we tell cancer patients that they are going to die on such and such date).
No offence intended but cool off.
a) We have won a battle but war is far from over.
b) Whole point of being able to file 485 is to obtain interim benefits, if there are substantial delays then whats the point.
c) There are other priorities in the life and it will be unfortumate if those are hostages to EAD/GC/AP.
e) The reality of the situation might inspire people to make change happen.
Having said that, I would like to express my disappointment on your tone of the message. Unlike yours, my message was not personal in nature. Your comments made me feel bad. I urge you to please exercise restraint. We are a team here!
Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.
So what are trying to prove ? Generally i dont respond but this just shows that you have a lot of time. Why dampen people's spirits by such post or why try to say that whatever IV has done is a waste. That is what i get from what you have posted. If you are cynical, keep it to your own self, dont start such negative threads. Dont know you and this is not a personal attack but think twice before you create such posts, because they are disheartening for many (including me) who are so frustrated that they can believe any thing negative. Chill out and let us enjoy the moment why we have it, if things change over the period, we are fighters, we will survive but dont add to our problems by your predictions and logic (which might be right to start with but do we tell cancer patients that they are going to die on such and such date).
No offence intended but cool off.
tattoo Eliza Dushku
santb1975
07-09 06:18 PM
I live in Irvine. Count me in.
more...
pictures Eliza Dushku
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
dresses Eliza Dushku
shilpianand
08-10 05:49 PM
NSC processed our case and we mail that on june 30th , uscis recd. the same on 2-july-07
our recd. number starts from LIN 072275####
our recd. number starts from LIN 072275####
more...
makeup Eliza Dushku Ruffled Shoes
trueguy
02-19 09:43 AM
Any predictions, expert thoughts on EB3-I movement in next 6 months?
girlfriend Eliza Dushku
ItIsNotFunny
10-22 10:34 AM
Can someone suggest a good attorney (based on your personal experience) for sending AC21 letters to the USCIS? If possible please post the cost involved as well. Preferably in CT/NY/NJ area, any other area is fine too. Thanks!
Not to scare you but you sure your current employer will not revoke 140, look at the recent experiences from people.
Not to scare you but you sure your current employer will not revoke 140, look at the recent experiences from people.
hairstyles File:Eliza Dushku May 2004
cdeneo
02-09 03:02 AM
You have gotten a lot of feedback already here, just some additional practical advice-
1. You need to decide whether you will be happy comprising for the rest of your life just so that you can protect your baby' life? Make a decision thinking long term if you think your marriage will work or not.
2. As long as you are in the US - be sure you are aware of the legal laws and don't do anything that will go against you (harrassment, abuse, etc). Allegations can be made but do not do anything in anger/frustration that acts as evidence against you in the future.
3. Make sure your wife DOES NOT TAKE THE CHILD AND LEAVE THE COUNTRY UNDER THE PRETEXT OF A VACATION. Cause if that happens then you will be blackmailed for your child and my advise would be to not travel to India under any circumstance since laws there are totally against the MEN.
3. If you decide to go for a divorce, find a good lawyer and get all the information. Do it in the US - laws in India will be in your wife's favor.
4. In general do not travel to India until you are assured that these issues are settled and you won't get stuck in India even if you go there only for a vacation.
5. Record conversations and build proof incase things go bad in the future. Do not take this lightly - this will be your only savior if false allegations are put against you in India.
Hi,
I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.
Here is my story:
I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.
I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?
Thank you very much for taking time to read this.
1. You need to decide whether you will be happy comprising for the rest of your life just so that you can protect your baby' life? Make a decision thinking long term if you think your marriage will work or not.
2. As long as you are in the US - be sure you are aware of the legal laws and don't do anything that will go against you (harrassment, abuse, etc). Allegations can be made but do not do anything in anger/frustration that acts as evidence against you in the future.
3. Make sure your wife DOES NOT TAKE THE CHILD AND LEAVE THE COUNTRY UNDER THE PRETEXT OF A VACATION. Cause if that happens then you will be blackmailed for your child and my advise would be to not travel to India under any circumstance since laws there are totally against the MEN.
3. If you decide to go for a divorce, find a good lawyer and get all the information. Do it in the US - laws in India will be in your wife's favor.
4. In general do not travel to India until you are assured that these issues are settled and you won't get stuck in India even if you go there only for a vacation.
5. Record conversations and build proof incase things go bad in the future. Do not take this lightly - this will be your only savior if false allegations are put against you in India.
Hi,
I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.
Here is my story:
I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.
I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?
Thank you very much for taking time to read this.
JazzByTheBay
09-10 08:53 PM
It doesn't hurt to dream... :)
jazz
Guys,
Keep the cool. USCIS is very unpredictable as we all have seen. Get ready to see the dates move forward pretty quickly this year! There are more chances to have increased visa numbers and things can only go UP from here on.
Watch the documentray "The Secret" and put your positive thoughts out there...
jazz
Guys,
Keep the cool. USCIS is very unpredictable as we all have seen. Get ready to see the dates move forward pretty quickly this year! There are more chances to have increased visa numbers and things can only go UP from here on.
Watch the documentray "The Secret" and put your positive thoughts out there...
Sunx_2004
03-04 12:54 PM
I noticed soft LUD on 485s last week for me and my wife...not sure what that means..
A soft LUD today 03/04 on my/wife's I-485 application.
I see lot of cases of EB2-I with PDs of 2005/06 and EB3- I with PDs 2003/04 have recentely received LUDs/RFEs.
Let's wait what next visa bulletin says !
Any one else with recent LUDs on their I-485s ?
A soft LUD today 03/04 on my/wife's I-485 application.
I see lot of cases of EB2-I with PDs of 2005/06 and EB3- I with PDs 2003/04 have recentely received LUDs/RFEs.
Let's wait what next visa bulletin says !
Any one else with recent LUDs on their I-485s ?
No comments:
Post a Comment