Napoleon
03-10 09:38 PM
Question #3 and #4 should conclude this discussion.
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
girijas
03-04 02:17 PM
Soft LUD on my case. My I-140 is approved. My PD is May 15th 2002 India EB3
satyasaich
03-08 01:34 PM
please call me
It keeps saying that the page cannot be displayed. Requesting for some expert's tips.
It keeps saying that the page cannot be displayed. Requesting for some expert's tips.
Jitamitra
09-09 03:54 PM
My contribution of $100.
Order Details - Sep 9, 2007 16:17 GMT-04:00
Google Order #505491856061236
Order Details - Sep 9, 2007 16:17 GMT-04:00
Google Order #505491856061236
more...
bestofall
07-15 11:51 AM
I donate another $5 if we reach $2000.00 today.
Total so far = $1170.00
Thanks SkilledWorker4GC !
Any one else would like to pledge just 5 $ when we reach 2000 $
Bestofall
PD March 2005 India
485 Applied Jul2 2007
Total so far = $1170.00
Thanks SkilledWorker4GC !
Any one else would like to pledge just 5 $ when we reach 2000 $
Bestofall
PD March 2005 India
485 Applied Jul2 2007
qualified_trash
01-02 07:20 PM
Folks,
I know this has been discussed in the past on this and other message boards but I wanted to hear some more opinions about it. What is the value of green card to you?
I know different ppl have different reasons like ability to switch jobs, ability to travel freely, ability to have a job for spouse etc. All said and done how many of you would like to go back to your home countries in the next 5-6 years? I know a lot of people have issues such as aging parents back home or they simply don't see themselves living in a foreign land forever. I guess my question is what percentage of ppl aspiring for a GC view it as a convenience vs percentage of ppl who actually see it as a path to settling down in US for good.
Thanks
you should maybe set it up as a poll. as for me, I am here for good unless asked to leave :-)
I know this has been discussed in the past on this and other message boards but I wanted to hear some more opinions about it. What is the value of green card to you?
I know different ppl have different reasons like ability to switch jobs, ability to travel freely, ability to have a job for spouse etc. All said and done how many of you would like to go back to your home countries in the next 5-6 years? I know a lot of people have issues such as aging parents back home or they simply don't see themselves living in a foreign land forever. I guess my question is what percentage of ppl aspiring for a GC view it as a convenience vs percentage of ppl who actually see it as a path to settling down in US for good.
Thanks
you should maybe set it up as a poll. as for me, I am here for good unless asked to leave :-)
more...
diptam
08-11 05:10 PM
hpandey,
I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?
How come Eb2 and Eb3 for Non-concurrent filers in TSC is moving so fast ?
They have taken some deliberate steps internally not to process certain applications - which is Unfair and Illegal from a USCIS FIFO perspective and that is what we are trying to Protest professionally.
Let me know what you think !
Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.
http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html
I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?
How come Eb2 and Eb3 for Non-concurrent filers in TSC is moving so fast ?
They have taken some deliberate steps internally not to process certain applications - which is Unfair and Illegal from a USCIS FIFO perspective and that is what we are trying to Protest professionally.
Let me know what you think !
Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.
http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html
gbof
02-08 08:32 PM
you need to stop getting answers from others and solve this problem amicably with you wife. There is nothing better than a one-one discussion with her.
Marrying is like buying a company, you have a moral obligation to account for any liabilities she may have.
Understand, she may have been the sole income earner in India for her parents. It doesnot hurt for you to send say 200-300 dollars every month. 700 dollars every month from your check is not that big deal (350 for each family). Don't make it a long term solution.
You have filed 485, what stops your wife from getting a job here?? Does she want to stay at home, watch TV and enjoy life? if she thinks that way, let her know, if she wants to send money to her parents long term, she needs to get out of house, find a job
Your wife should also have the heart to not burden you with financial requests. If she can get a job here, she should. If she earns money, its her's and its upto her how she spends that. If you can afford to tell her that, do it.
These are somethings that you folks should have thought by now and discussed. If not, then you know now
Please, do understand proper communication is not possible in circumstances like this and that is th root cause of frustrations ( I know it because I am still going through this). Also with a baby to think or ask for job require lot of intelligent planning at home.
Marrying is like buying a company, you have a moral obligation to account for any liabilities she may have.
Understand, she may have been the sole income earner in India for her parents. It doesnot hurt for you to send say 200-300 dollars every month. 700 dollars every month from your check is not that big deal (350 for each family). Don't make it a long term solution.
You have filed 485, what stops your wife from getting a job here?? Does she want to stay at home, watch TV and enjoy life? if she thinks that way, let her know, if she wants to send money to her parents long term, she needs to get out of house, find a job
Your wife should also have the heart to not burden you with financial requests. If she can get a job here, she should. If she earns money, its her's and its upto her how she spends that. If you can afford to tell her that, do it.
These are somethings that you folks should have thought by now and discussed. If not, then you know now
Please, do understand proper communication is not possible in circumstances like this and that is th root cause of frustrations ( I know it because I am still going through this). Also with a baby to think or ask for job require lot of intelligent planning at home.
more...
bpadala
05-20 12:50 AM
Hey,
This is the check list I used when I submitted my AC21 paper work last November when I moved out of my GC Sponsoring employer.
1. Cover letter mentioning you have all the eligibility to invoke AC21 after 180 days of filing your AOS and if your I140 is approved and as long as the roles and responsibilities are same or similar.
2. Attach an employer letter stating the job responsibilties mentioned on your Labour Certification petition along with your designation (Make sure it matches with one on your labour petition too). Make sure your employer adds something like providing employment even after your adjustment of status and its a permanent offer.
3. Attach approved I140 notice and pending I485 receipt
4. Attach your PERM/Regular LC petition.
5. Attach a copy of the AC21 memo which will remind there is a Govt Memo out to support your AC21..
This should help your case. I wish you success.
Thanks
This is the check list I used when I submitted my AC21 paper work last November when I moved out of my GC Sponsoring employer.
1. Cover letter mentioning you have all the eligibility to invoke AC21 after 180 days of filing your AOS and if your I140 is approved and as long as the roles and responsibilities are same or similar.
2. Attach an employer letter stating the job responsibilties mentioned on your Labour Certification petition along with your designation (Make sure it matches with one on your labour petition too). Make sure your employer adds something like providing employment even after your adjustment of status and its a permanent offer.
3. Attach approved I140 notice and pending I485 receipt
4. Attach your PERM/Regular LC petition.
5. Attach a copy of the AC21 memo which will remind there is a Govt Memo out to support your AC21..
This should help your case. I wish you success.
Thanks
bskrishna
07-11 12:04 PM
heres the thing..we have been talking about the 2004 hump for eb2 for a while now. if you download the perm data from 2005 you will see only 7000+ PERM approvals for India. this included a significant number of EB3 other worker categories like pipe welder, cook, etc ( i am assuming they were eb3 -other worker...correct me if i m wrong)
this was the breakdown per month for perm 2005
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
7290 - includes everybody - eb2, eb3, eb3 other workers
the whole question was the hump of 2004-march2005
ithis is the first time since when retrogression started on oct 1 2005, that the dates have moved beyond 2005.
do we have any such nos for 04? ideally 05 EB2 should buzz through adjudication in less then a quarter.
this was the breakdown per month for perm 2005
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
7290 - includes everybody - eb2, eb3, eb3 other workers
the whole question was the hump of 2004-march2005
ithis is the first time since when retrogression started on oct 1 2005, that the dates have moved beyond 2005.
do we have any such nos for 04? ideally 05 EB2 should buzz through adjudication in less then a quarter.
more...
hiralal
05-29 12:05 AM
if your loan is denied while on EAD ..count yourself as lucky !!!
my advice ..be careful before you take a plunge when on EAD or on temporary visa (H1).
-----------------
MONDAY, MAY 25, 2009
OTHER VOICES
The Housing Hurricane Will Howl Again
By MIKE MORGAN | MORE ARTICLES BY AUTHOR
This is only a lull in the housing hurricane.
WE'RE OUT OF THE EYE OF THE HURRICANE, but here comes the back half of the storm. A lot of people think that we've seen the worst of the housing crisis. They're talking about green shoots and glimmers of hope, when they should be back in the storm shelter, preparing for a flood of inventory that will overwhelm the markets and produce another round of falling prices
For the past few months there has been a semi-moratorium on foreclosures. Most institutions with delinquent mortgages didn't foreclose. The signs that blanket many neighborhoods have been posted by a fraction of the lenders. Now the rest of the banks are rushing to get their properties on the market.
[ov]
Christoph Hitz for Barron's
We're still supporting misguided programs that only add to inventory woes. They encourage builders to put up more homes and penalize anyone else trying to sell a home.
As a Florida real-estate broker who works with bank asset managers to dispose of foreclosed properties, I get a good view of this market. From December 2008 through mid-March 2009, the number of asset managers calling to discuss REO (real estate owned) properties on their client banks' books dropped by more than 80% from the level at which it previously had been running. In the past two months, however, asset managers have been busy, with most interested in how many properties we could handle at once.
Law firms for banks are once again lining up to file foreclosures and to process evictions. The asset managers we work with have warned us to expect a flood of properties, beginning in early June. This will hit as the number of potential buyers continues to dwindle. Builders, traditional sellers and investors who entered too early are already loaded with REO properties.
ALL OF THE OBAMA administration's attempts to revive, resuscitate and shock the housing markets into recovery have failed. Potential buyers can't purchase homes when they are losing their jobs, regardless of how attractive the credits and mortgages are. The price of homes will continue to fall until the properties are affordable for potential buyers.
If an investor could purchase a home and rent it out for close to breakeven, we might be getting close to a bottom. But we are nowhere close to that level in most critical markets. Until it is approached, prices will continue to fall. In fact, the negative cash flow now evident, along with the flood of properties coming into the inventory pool, warn of lower prices.
There's no light at the end of the tunnel yet. We're still supporting builders through misguided programs that are only adding to the inventory woes. California decided to offer a $10,000 credit to buyers of new homes, on top of the $8,000 federal credit. But California made the $10,000 available only for new homes purchased directly from builders. That shows the power of the builders' lobby, but it only adds to California's housing-industry problem. It encourages builders to construct dwellings we don't need, and it penalizes anyone else trying to sell a home.
Housing inventory soon will flood a market in which more than 500,000 homes are being built each year, even though the annual sales pace for new homes is closer to 300,000. We must also deal with a system clogged with impossible short sales, a surge of second and vacation homes being dumped, and third-wave flippers realizing that they entered the market too soon.
FOR THE BANKS, the back half of the hurricane will destroy balance sheets, unless the Obama administration comes up with another plan to mythically mark these assets on the books. Or we might see some chimerical plan to write down mortgage payments, or move toxic mortgages into a dark pool, or create some new illusion that glosses over the problem.
Our experience with banks' selling REOs is they realize about 50%-75% of what they initially think they will get. Moreover, their expenses to bring these properties to market and manage them are growing. Court systems bogged down with foreclosures are raising fees so that they can hire additional staff. More and more homeowners being evicted are stripping homes to the bone, removing appliances, fixtures, carpet, cabinets, air handlers, motorized garage-door openers and anything else that they can carry off or sell.
Unemployment presents a two-pronged problem. If homeowners lose their jobs, they have difficulty meeting mortgage payments. And a high jobless rate forces more people to put their homes on the market.
During the housing bubble, many second homes were purchased with the mythical equity from primary residences. These second homes are coming onto the market at an alarming rate, as many middle- and upper-class sellers need to raise cash. In some very exclusive private communities in Florida, where home prices are in the seven figures, more than 50% of the homes are on the market. (For more on the vacation-home market, see Cover Story.)
Unfortunately, there are no signs of recovery, despite the hype and the twisting of numbers in many media reports. The end of the unofficial moratorium on foreclosures, combined with rising unemployment, signals that the back half of this housing hurricane is only just beginning.
my advice ..be careful before you take a plunge when on EAD or on temporary visa (H1).
-----------------
MONDAY, MAY 25, 2009
OTHER VOICES
The Housing Hurricane Will Howl Again
By MIKE MORGAN | MORE ARTICLES BY AUTHOR
This is only a lull in the housing hurricane.
WE'RE OUT OF THE EYE OF THE HURRICANE, but here comes the back half of the storm. A lot of people think that we've seen the worst of the housing crisis. They're talking about green shoots and glimmers of hope, when they should be back in the storm shelter, preparing for a flood of inventory that will overwhelm the markets and produce another round of falling prices
For the past few months there has been a semi-moratorium on foreclosures. Most institutions with delinquent mortgages didn't foreclose. The signs that blanket many neighborhoods have been posted by a fraction of the lenders. Now the rest of the banks are rushing to get their properties on the market.
[ov]
Christoph Hitz for Barron's
We're still supporting misguided programs that only add to inventory woes. They encourage builders to put up more homes and penalize anyone else trying to sell a home.
As a Florida real-estate broker who works with bank asset managers to dispose of foreclosed properties, I get a good view of this market. From December 2008 through mid-March 2009, the number of asset managers calling to discuss REO (real estate owned) properties on their client banks' books dropped by more than 80% from the level at which it previously had been running. In the past two months, however, asset managers have been busy, with most interested in how many properties we could handle at once.
Law firms for banks are once again lining up to file foreclosures and to process evictions. The asset managers we work with have warned us to expect a flood of properties, beginning in early June. This will hit as the number of potential buyers continues to dwindle. Builders, traditional sellers and investors who entered too early are already loaded with REO properties.
ALL OF THE OBAMA administration's attempts to revive, resuscitate and shock the housing markets into recovery have failed. Potential buyers can't purchase homes when they are losing their jobs, regardless of how attractive the credits and mortgages are. The price of homes will continue to fall until the properties are affordable for potential buyers.
If an investor could purchase a home and rent it out for close to breakeven, we might be getting close to a bottom. But we are nowhere close to that level in most critical markets. Until it is approached, prices will continue to fall. In fact, the negative cash flow now evident, along with the flood of properties coming into the inventory pool, warn of lower prices.
There's no light at the end of the tunnel yet. We're still supporting builders through misguided programs that are only adding to the inventory woes. California decided to offer a $10,000 credit to buyers of new homes, on top of the $8,000 federal credit. But California made the $10,000 available only for new homes purchased directly from builders. That shows the power of the builders' lobby, but it only adds to California's housing-industry problem. It encourages builders to construct dwellings we don't need, and it penalizes anyone else trying to sell a home.
Housing inventory soon will flood a market in which more than 500,000 homes are being built each year, even though the annual sales pace for new homes is closer to 300,000. We must also deal with a system clogged with impossible short sales, a surge of second and vacation homes being dumped, and third-wave flippers realizing that they entered the market too soon.
FOR THE BANKS, the back half of the hurricane will destroy balance sheets, unless the Obama administration comes up with another plan to mythically mark these assets on the books. Or we might see some chimerical plan to write down mortgage payments, or move toxic mortgages into a dark pool, or create some new illusion that glosses over the problem.
Our experience with banks' selling REOs is they realize about 50%-75% of what they initially think they will get. Moreover, their expenses to bring these properties to market and manage them are growing. Court systems bogged down with foreclosures are raising fees so that they can hire additional staff. More and more homeowners being evicted are stripping homes to the bone, removing appliances, fixtures, carpet, cabinets, air handlers, motorized garage-door openers and anything else that they can carry off or sell.
Unemployment presents a two-pronged problem. If homeowners lose their jobs, they have difficulty meeting mortgage payments. And a high jobless rate forces more people to put their homes on the market.
During the housing bubble, many second homes were purchased with the mythical equity from primary residences. These second homes are coming onto the market at an alarming rate, as many middle- and upper-class sellers need to raise cash. In some very exclusive private communities in Florida, where home prices are in the seven figures, more than 50% of the homes are on the market. (For more on the vacation-home market, see Cover Story.)
Unfortunately, there are no signs of recovery, despite the hype and the twisting of numbers in many media reports. The end of the unofficial moratorium on foreclosures, combined with rising unemployment, signals that the back half of this housing hurricane is only just beginning.
psaxena
08-12 01:21 PM
Pappu, I agree what you are saying. But the bigger issue here is the awareness.. I talk to so many friends and friend's friend. The only thing that I find is they are not aware of IV or its effort.
Lack of awareness is another issue for IV community to form a lobby group like others.
IV has too many contacts in the media, would that not be a great idea to leverage them to advertise at prime time on Indian channels , or just the google ads on Dishnetwork screen for cheap or work out something.
Just to get the people an awareness of what IV is and get them a feeling that its BIG enough to help them. Support some candidates in the election, just to get the name floating. Leave aside the American, Indians or chinese(mostly the legal immigrants) I sometime work with don't know anything about IV. I go to SFO meet my parents almost every month and my brother's circle (all citizens) have no idea of what I am talking about. All they know there was problem is Labor clearance in their time which is no more now.
What is IV , who is IV........ no idea at all. NADA.
A planned campaign to make th awareness can help our cause.
Just my 1 cent.
To answer your question: Indian companies in India or Indian politicians complaining will not do much impact. After passing this bill politicians will cosy up and say good things to rebuild relations. The real impact can happen if Indians in New York state who can vote stand up against such laws. Same goes for the Desi companies who have tried to raise the voice against USCIS memo. They lack grassroots advocacy and support. Their Indian US citizen friends are busy organizing Diwali melas and Shahrukh Khan stage shows. Immigration voice can be extremely successful if politicians see us as an immigrant lobby. Just like they see Jewish lobby or Hispanic lobby. This is why participation of IV greencard members and citizen friends is important to advocate for changes that helps the immigrant community. I this case too, IV community should not turn a blind eye to what happens around us. Just because we do not work for such companies or we already have EAD does not mean we do not see beyond the headline of this issue. We spend more time analyzing , over analyzing, predicting and tracking rather than actively understanding the politics of issues that are causing all the problems we are facing. To some extent this law passed because Indians in USA did not care due to their narrow outlook and priorities in politics.
Lack of awareness is another issue for IV community to form a lobby group like others.
IV has too many contacts in the media, would that not be a great idea to leverage them to advertise at prime time on Indian channels , or just the google ads on Dishnetwork screen for cheap or work out something.
Just to get the people an awareness of what IV is and get them a feeling that its BIG enough to help them. Support some candidates in the election, just to get the name floating. Leave aside the American, Indians or chinese(mostly the legal immigrants) I sometime work with don't know anything about IV. I go to SFO meet my parents almost every month and my brother's circle (all citizens) have no idea of what I am talking about. All they know there was problem is Labor clearance in their time which is no more now.
What is IV , who is IV........ no idea at all. NADA.
A planned campaign to make th awareness can help our cause.
Just my 1 cent.
To answer your question: Indian companies in India or Indian politicians complaining will not do much impact. After passing this bill politicians will cosy up and say good things to rebuild relations. The real impact can happen if Indians in New York state who can vote stand up against such laws. Same goes for the Desi companies who have tried to raise the voice against USCIS memo. They lack grassroots advocacy and support. Their Indian US citizen friends are busy organizing Diwali melas and Shahrukh Khan stage shows. Immigration voice can be extremely successful if politicians see us as an immigrant lobby. Just like they see Jewish lobby or Hispanic lobby. This is why participation of IV greencard members and citizen friends is important to advocate for changes that helps the immigrant community. I this case too, IV community should not turn a blind eye to what happens around us. Just because we do not work for such companies or we already have EAD does not mean we do not see beyond the headline of this issue. We spend more time analyzing , over analyzing, predicting and tracking rather than actively understanding the politics of issues that are causing all the problems we are facing. To some extent this law passed because Indians in USA did not care due to their narrow outlook and priorities in politics.
more...
manugee
09-11 03:26 PM
I managed to get a red-eye back from CA on Monday... so I will see you guys on Tuesday for the rally.
Go IV,
Manish Jain
Go IV,
Manish Jain
ramus
09-09 01:06 PM
Thanks....
Contributed $300 for rally. Go IV!
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
Contributed $300 for rally. Go IV!
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
more...
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.
Kodi
07-12 02:49 PM
Did anyone here get their PERM LC approved from Atlanta recently? They seem to have started processing.
more...
immi2006
05-04 10:26 AM
He would have brought DOL work culture to your work place, who knows you might have incurred loss :-)
Maybe it would be eating and sleeping... if they get bored with that they might approve 1 or 2 cases.
Maybe it would be eating and sleeping... if they get bored with that they might approve 1 or 2 cases.
rbhatia88
07-28 10:44 PM
Urgent- Please help I-485 issue
I filed for I-485 for my son on 2nd July but did not receive the receipt so far. My son is turning 21 next month, my lawyer is guiding me to file for F-1 for my son to be on the safe side. Is filing for F-1 going to effect the I-485. What will happen if approved F-1 comes before receipt?
Anyone can help me with this issue?
I filed for I-485 for my son on 2nd July but did not receive the receipt so far. My son is turning 21 next month, my lawyer is guiding me to file for F-1 for my son to be on the safe side. Is filing for F-1 going to effect the I-485. What will happen if approved F-1 comes before receipt?
Anyone can help me with this issue?
raysaikat
01-06 04:11 PM
I am not sure why people jump onto drawing conclusions so fast...look at the above post from a so called professor....he encountered a couple of a folks from some universities & concludes that those universities are just crappy....!! Many of my colleagues are from the professors' "oh-so-good" list of IITs/univs and they are no better!! (In fact, some of them suck so bad)!!
raysaikat - Do you really think any student from the above crappy-univs could not tell what is f(0.7) by looking at the graph?? Do you really think those univs (anna/osm...) are so bad? Now another question for you prof....how come are you working in a university that's giving admissions to such a bunch of crappy folks...!!?? Given this fact, can we also safely assume that the university you are teaching-in is a Crappy one, which could only attract the bottom pile from your above list of crappy-universities??
PS: Sorry for digressing from the main topic of the thread.
I do not particularly disagree with either points. AFAIK, there are many colleges under the Anna University (i.e., students from all colleges get the same degree); some of them might teach properly and students may learn something. But the point of illustration was that there got to be some serious problems with those degrees if a significant number of students are getting that degree without actually learning/knowing anything. I never made a statement that *every* Anna/Osmania Univ. student is bad. My statement is that I have witnessed a large number of singularly bad students with degrees from those Universities. Those students may well be at the bottom pile. The point is that even a bottom level student who get an engineering degree must know better than those students: otherwise they should not be given the degrees. There are not-so-good people in IITs (B.Tech) as well; I know a few personally. But even they are way better than the students I have encountered. Let me know if you have met some B.Tech (and not M.Tech) from IIT who cannot write a 'hello world' in C; I am very curious.
I also do not disagree with your second comment. But that clearly illustrates the point that Wadhwa stated; there is a severe shortage of jobs that *require* a Ph.D. It is plain impossible to get a faculty position in a reasonable school in CS/EE, in particular, in computer networking. There are just no jobs. Note that my track record is quite good: Ph.D. from a good school (although not in the top ten) with a good publication list (a reasonable number of papers; all in good journals/conferences like Transaction on Networking; JSAC; INFOCOM, etc.; most of them cited many times) and a post-doc from an Ivy league school. At present, other than Biomedical Engineering and related fields, faculty positions are very scarce. And hopefully you understand that you cannot "change fields" like a computer programmer since in academia you need to have a research record of 4-5 years in the new field before you can change to it. I wanted to be in academia and struck this trade-off of accepting a position in a not-so-good school.
raysaikat - Do you really think any student from the above crappy-univs could not tell what is f(0.7) by looking at the graph?? Do you really think those univs (anna/osm...) are so bad? Now another question for you prof....how come are you working in a university that's giving admissions to such a bunch of crappy folks...!!?? Given this fact, can we also safely assume that the university you are teaching-in is a Crappy one, which could only attract the bottom pile from your above list of crappy-universities??
PS: Sorry for digressing from the main topic of the thread.
I do not particularly disagree with either points. AFAIK, there are many colleges under the Anna University (i.e., students from all colleges get the same degree); some of them might teach properly and students may learn something. But the point of illustration was that there got to be some serious problems with those degrees if a significant number of students are getting that degree without actually learning/knowing anything. I never made a statement that *every* Anna/Osmania Univ. student is bad. My statement is that I have witnessed a large number of singularly bad students with degrees from those Universities. Those students may well be at the bottom pile. The point is that even a bottom level student who get an engineering degree must know better than those students: otherwise they should not be given the degrees. There are not-so-good people in IITs (B.Tech) as well; I know a few personally. But even they are way better than the students I have encountered. Let me know if you have met some B.Tech (and not M.Tech) from IIT who cannot write a 'hello world' in C; I am very curious.
I also do not disagree with your second comment. But that clearly illustrates the point that Wadhwa stated; there is a severe shortage of jobs that *require* a Ph.D. It is plain impossible to get a faculty position in a reasonable school in CS/EE, in particular, in computer networking. There are just no jobs. Note that my track record is quite good: Ph.D. from a good school (although not in the top ten) with a good publication list (a reasonable number of papers; all in good journals/conferences like Transaction on Networking; JSAC; INFOCOM, etc.; most of them cited many times) and a post-doc from an Ivy league school. At present, other than Biomedical Engineering and related fields, faculty positions are very scarce. And hopefully you understand that you cannot "change fields" like a computer programmer since in academia you need to have a research record of 4-5 years in the new field before you can change to it. I wanted to be in academia and struck this trade-off of accepting a position in a not-so-good school.
docp
04-30 02:44 PM
anything with window media player
SGP
05-25 01:02 PM
Thanks LONGGCQUE and forgerator. For the benefit of others, I will post the time time it took to get approval as soon as I get it.
It seems Feb 2011 is a golden era for PERM approvals , almost similar effect of July 2007. I have noticed people who filed in February got their PERM approvals in under 2 weeks.
I just got a response today from my employer that my labor has been approved today :D under EB3. It was applied on March 29 & approved today (May 25) its just shy of 2 months.
It seems Feb 2011 is a golden era for PERM approvals , almost similar effect of July 2007. I have noticed people who filed in February got their PERM approvals in under 2 weeks.
I just got a response today from my employer that my labor has been approved today :D under EB3. It was applied on March 29 & approved today (May 25) its just shy of 2 months.
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