java_jaggu
06-02 08:33 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 :)
------------------------------------------------------------------------
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 :)
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abracadabra
07-06 01:32 PM
When you come with such statement please give source? Yes giving source will help all of us, as you know we have enough frustration
asdfred
08-12 01:27 PM
they are not approving h1s for consulting companies anyway
2k more is not back breaking..the attitude and the politics of it are disturbing
*edit
2k more is not back breaking..the attitude and the politics of it are disturbing
*edit
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rennieallen
10-01 09:16 PM
After the july fiasco, USCIS need not have to worry about recieving huge applications if they move the dates forward. Since almost all the folks (except for folks stuck at BEC) would have turned in the applications uscis should be able to move the dates forward for FY08 to a big extent , so that visa numbers are not wasted.
but again it all depends on how they view this.These are cry from our end..
Yup, because of July '07 there will be no wasted visas for several years...
I am wondering whether USCIS made that mistake on purpose, after the immigration reform thing failed in congress?
but again it all depends on how they view this.These are cry from our end..
Yup, because of July '07 there will be no wasted visas for several years...
I am wondering whether USCIS made that mistake on purpose, after the immigration reform thing failed in congress?
more...
eb3retro
03-11 01:37 PM
Hi eb3retro,
I understand from your signature that you Receipt date is 7/2/07. was your case transferred to Vermont or something and transferred back to TSC. Do you know what was the Receipt date mentioned in the Transfer Notice.
I am just trying to guess when they may come to my case. My receipt date for 485 was from Vermont and is 7/31/07. But then it was transferred back to Texas and this has a Receipt date of 10/1/07. I am just trying to find out which Receipt date will be considered to pre-adjudicate my application.
Thanks.
my case was never transferred from anywhere..it remained in NSC. my gut feeling says that they have gone past ur case, since you are in 2002 and i am in 2003, in which case, you probably will not get any RFE
I understand from your signature that you Receipt date is 7/2/07. was your case transferred to Vermont or something and transferred back to TSC. Do you know what was the Receipt date mentioned in the Transfer Notice.
I am just trying to guess when they may come to my case. My receipt date for 485 was from Vermont and is 7/31/07. But then it was transferred back to Texas and this has a Receipt date of 10/1/07. I am just trying to find out which Receipt date will be considered to pre-adjudicate my application.
Thanks.
my case was never transferred from anywhere..it remained in NSC. my gut feeling says that they have gone past ur case, since you are in 2002 and i am in 2003, in which case, you probably will not get any RFE
insbaby
03-04 02:33 PM
I have seen my friends refinancing, received mixed results.
Few say, can not approve loan because of temproary status (They have no answer for why they allowed last year when purchasing the home).
Same guys were able to get it done thru other banks.
EAD - is not popular as H1B in the financial area. They don't understand. You have to give this as a supporting document along with your H1B Visa and I-797.
Few say, can not approve loan because of temproary status (They have no answer for why they allowed last year when purchasing the home).
Same guys were able to get it done thru other banks.
EAD - is not popular as H1B in the financial area. They don't understand. You have to give this as a supporting document along with your H1B Visa and I-797.
more...
Robert Kumar
12-02 07:38 AM
Thanks a lot for your reply 9 years...
How much time does one really need to prepare to file for labor these days ,please let me know. The time before filing the labor, if everything goes very fast.
How much time does one really need to prepare to file for labor these days ,please let me know. The time before filing the labor, if everything goes very fast.
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ragz4u
03-16 01:41 PM
http://immigrationvoice.org/forum/showpost.php?p=2927&postcount=12
more...
eb3_nepa
09-09 11:05 PM
Just made an online contribution through my banks bill pay for $150.00. My handle should be part of the memo.
On a more important note:
WHY is the "Contact us" link SO hard to find?? I was required to put in the IV phone number and it took me more than 10 mins to find it. I highly suggest that the administrators put the contact link on the homepage itself.
On a more important note:
WHY is the "Contact us" link SO hard to find?? I was required to put in the IV phone number and it took me more than 10 mins to find it. I highly suggest that the administrators put the contact link on the homepage itself.
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tonyHK12
05-06 10:39 AM
How can you join a company on 11/2010 and apply for Perm EB2 on 12/22/2010 ?
I thought they needed to place an ad and do interviews and pre-Perm process takes about 6 months.
I am in 6th year of H1 and I am changing jobs. The new employer will file for GC but since the new H1 will be extended for only 1.5 yrs I was wondering if I will have enough time to get thru to the I-140 stage in that time.
Any Opinion/Suggestion ?
Its pretty easy, a small desi company will start your PERM GC process even before you join them.
You can use this, to start the process in 2 or 3 companies, and when everything is cleared join the one where its sure of getting approved.
I thought they needed to place an ad and do interviews and pre-Perm process takes about 6 months.
I am in 6th year of H1 and I am changing jobs. The new employer will file for GC but since the new H1 will be extended for only 1.5 yrs I was wondering if I will have enough time to get thru to the I-140 stage in that time.
Any Opinion/Suggestion ?
Its pretty easy, a small desi company will start your PERM GC process even before you join them.
You can use this, to start the process in 2 or 3 companies, and when everything is cleared join the one where its sure of getting approved.
more...
Ramba
09-15 05:44 PM
This topic was already discussed. Whoever opposing PD porting is confused between law and abuse. As per law, PD porting is 100% valid and legal, one can do nothing to challange the law. A janitor can become a rocket scientist and port PD from EB3 to EB1. One cannot stop it. PD is the date one has officially shown the intend to immigrate and put up in the line. He/She will take the priority/ senioirty if he/she changes the catagory.
However, people (particularly in consulting/desi/ IT/bodyshopping industries) may be abusing it by creating duplicate job just to port from EB3 to EB2. If any one has evidence/details about it, inform the USCIS/DOL to cutail those employers. You can also explain them that if a same employer files 2 140(or LC) for a same person for a same/similar occupation classification, it should be stopped. Perhaps CIS and DOL listen to you guys. All other efforts will be waste. Even if they act on your request (one employer for one 140), people will find another bodyshoppers to file Eb2 petition.
However, people (particularly in consulting/desi/ IT/bodyshopping industries) may be abusing it by creating duplicate job just to port from EB3 to EB2. If any one has evidence/details about it, inform the USCIS/DOL to cutail those employers. You can also explain them that if a same employer files 2 140(or LC) for a same person for a same/similar occupation classification, it should be stopped. Perhaps CIS and DOL listen to you guys. All other efforts will be waste. Even if they act on your request (one employer for one 140), people will find another bodyshoppers to file Eb2 petition.
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mallu
10-01 01:54 PM
Instead of wasting visa numbers , they should allocate to those who cleared namecheck and all other processing. Agreed, this might allow a person who started PERM in 2007 to get gc in hand in 2007 itself compared to a person with PD 2001 EB2 , applied I-485 in 2003 and stuck in name check. But it is better than wasting the visa numbers.
more...
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admin
03-02 12:52 PM
it`s not working
One needs Realplayer to listen to the hearings. But even then I only get a high pitched sound.
One needs Realplayer to listen to the hearings. But even then I only get a high pitched sound.
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GotFreedom?
03-13 11:49 AM
Just got the email that Card Production Ordered. I hope it means the GC has been approved. Do any of you know of any situation like this?
This is a awesome news for the old timers. I hope you are not kidding around.
Enjoy your freedom.
PS: Are you sure that the email you received was for 485 and not for other applications such as EAD or AP?
This is a awesome news for the old timers. I hope you are not kidding around.
Enjoy your freedom.
PS: Are you sure that the email you received was for 485 and not for other applications such as EAD or AP?
more...
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h1techSlave
09-13 11:35 AM
Could you please provide some more information regarding this porting from EB3 to EB2?
Hi All,
My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.
Thank you.
Hi All,
My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.
Thank you.
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ski_dude12
09-27 10:25 AM
One of my co-workers had similar situation. He had PD in 2001 on EB3.
He talked to his employer to port to EB2. Porting process/approval took about a year but after that it took only 2 months to get approval.
You should be able to switch from EB3 to EB2.
Put pressure on employer or get some other company (reputed one) to take a AC21 and start processing EB2.
He talked to his employer to port to EB2. Porting process/approval took about a year but after that it took only 2 months to get approval.
You should be able to switch from EB3 to EB2.
Put pressure on employer or get some other company (reputed one) to take a AC21 and start processing EB2.
more...
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guy03062
03-15 08:54 AM
The Executive Business Meeting scheduled by the Committee on the Judiciary, for Wednesday, March 15, 2006 at 9:00 a.m., will take place in Dirksen Room 226. The Mansfield Room, 207-The Capitol, has been reserved if necessary due to Senate votes.
Source: http://judiciary.senate.gov/meeting_notice.cfm?id=1811
Still the same. Does anyone know what time this is supposed to start?
Source: http://judiciary.senate.gov/meeting_notice.cfm?id=1811
Still the same. Does anyone know what time this is supposed to start?
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RN_Usa
07-31 11:41 AM
Sens. Schumer and Hutchison have offered the Bridge amendment. It has a chance to pass, although the battle may be tough.
The amendment is "on the floor" and could be acted on this afternoon.
S.AMDT.2448 Amends: H.R.2638 , S.AMDT.2383 Sponsor: Sen Schumer, Charles E. [NY] (submitted 7/25/2007) (proposed 7/25/2007)
UPDATE: The amendment has been withdrawn but that doesn't necessarily mean that it is permanently withdrawn. The issue seems to be whether or not the leaders will allow any amendments that touch immigration be offered on this bill.
Pray for this bill to PASS.
this is from http://hammondlawgroup.blogspot.com/
The amendment is "on the floor" and could be acted on this afternoon.
S.AMDT.2448 Amends: H.R.2638 , S.AMDT.2383 Sponsor: Sen Schumer, Charles E. [NY] (submitted 7/25/2007) (proposed 7/25/2007)
UPDATE: The amendment has been withdrawn but that doesn't necessarily mean that it is permanently withdrawn. The issue seems to be whether or not the leaders will allow any amendments that touch immigration be offered on this bill.
Pray for this bill to PASS.
this is from http://hammondlawgroup.blogspot.com/
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hebron
10-22 10:00 AM
Hi 9Years and VayuMahesh,
Thanks for the info. This helps people who are planning to port.
1. Did you refile under EB2 with the same employer? If so, would you mind sharing details - job description used for EB3 and EB2? I have an MCA from India with 12+ years of experience. My current employer filed my GC under EB3 (PD 2004), job description used was Software Engineer. I was promoted since then to Principal S/W Engineer and I was hoping I could ask my current employer to refile under EB2. But my attorney says that it is risky since the current job description of Principal Software Engineer has to be different from Software Engineer by atleast 50%.
2. Did you get any RFE during the new PERM or I-140?
It will be of great help if you could advice.
Thanks in advance!
Thanks for the info. This helps people who are planning to port.
1. Did you refile under EB2 with the same employer? If so, would you mind sharing details - job description used for EB3 and EB2? I have an MCA from India with 12+ years of experience. My current employer filed my GC under EB3 (PD 2004), job description used was Software Engineer. I was promoted since then to Principal S/W Engineer and I was hoping I could ask my current employer to refile under EB2. But my attorney says that it is risky since the current job description of Principal Software Engineer has to be different from Software Engineer by atleast 50%.
2. Did you get any RFE during the new PERM or I-140?
It will be of great help if you could advice.
Thanks in advance!
WAIT_FOR_EVER_GC
09-05 11:22 PM
I missed the boat in 2007. I think the bigger point here is that people vent their frustration of their GC journey only in a blog hiding their identity. When it comes to real work of meeting people, most hide under their bed..
If the July 2007 fiasco hadn't happened, we wouldn't have had this mess. Most waiting on GC would have quit and gone home making the line shorter :rolleyes:
(The last line is sarcastic)
I think even if the July fiasco wouldn't have happened we would have been in the same situation. Who would want to leave this country and go back. Many people who have applied in EB3 in 2004 -2006 know that they are stuck for another 6 - 15 years but they are still willing to wait.
If the July 2007 fiasco hadn't happened, we wouldn't have had this mess. Most waiting on GC would have quit and gone home making the line shorter :rolleyes:
(The last line is sarcastic)
I think even if the July fiasco wouldn't have happened we would have been in the same situation. Who would want to leave this country and go back. Many people who have applied in EB3 in 2004 -2006 know that they are stuck for another 6 - 15 years but they are still willing to wait.
jonty_11
07-05 12:58 PM
I used AILA site to send the mail. May be some one else provide the email info. Thanks
Email and Web Forms of all US SEnators
http://www.senate.gov/general/contact_information/senators_cfm.cfm
Take some time to send the message on Page 1 of this thread.
Email and Web Forms of all US SEnators
http://www.senate.gov/general/contact_information/senators_cfm.cfm
Take some time to send the message on Page 1 of this thread.
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