srt57
06-01 03:59 PM
THIS IS VALID ONLY IF THE CIR BILL BECOMES A LAW IN ITS CURRENT FORM....
From what I know (largely due to the posts on these forums), if your I-140 was not filed by May 15th 2007, you will have to reapply for your GC in the new system.
LC or I-485 is not relevant here. The cutoff date is determined by your I-140 filing date.
Also, between May 15th 2007 and October 1st 2008 (likely), no new I-140s can be applied. Thus, it would make no sense to apply for a LC either. USCIS will only process backlogged I-485 cases and issue green cards.
Finally, it is really unfair for them to set this cutoff date retroactively. But it is legal for them to do this. Can't sue them for it.
Hope this clears things.
Thanks,
Jayant
But this generally applies to people affected by retrogression. If one isn't affected by retrogression, applies for I-140 after 5/15/2007 and gets green card before 10/1/2008 (which is possible) then that person should be ok, is that right?
From what I know (largely due to the posts on these forums), if your I-140 was not filed by May 15th 2007, you will have to reapply for your GC in the new system.
LC or I-485 is not relevant here. The cutoff date is determined by your I-140 filing date.
Also, between May 15th 2007 and October 1st 2008 (likely), no new I-140s can be applied. Thus, it would make no sense to apply for a LC either. USCIS will only process backlogged I-485 cases and issue green cards.
Finally, it is really unfair for them to set this cutoff date retroactively. But it is legal for them to do this. Can't sue them for it.
Hope this clears things.
Thanks,
Jayant
But this generally applies to people affected by retrogression. If one isn't affected by retrogression, applies for I-140 after 5/15/2007 and gets green card before 10/1/2008 (which is possible) then that person should be ok, is that right?
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mrajatish
03-15 11:32 AM
Any ideas on when this hearing is?
Raju
07-06 02:27 PM
The USCIS automated line for Priority dates is still playing the PD's for June 2007 showing that EB-3 India cut off June 1st 2003 etc..
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
They were/are so busy approving cases that they donot have time to update the message. Everyone from Janitors to Execs have been working for the last week to approve those 66K cases.
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
They were/are so busy approving cases that they donot have time to update the message. Everyone from Janitors to Execs have been working for the last week to approve those 66K cases.
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RNGC
06-27 02:34 PM
Excellent..Thanks very much for this ..George Will is very well know...he comes in ABC News This Week on Sundays.
http://www.washingtonpost.com/wp-dyn/content/article/2008/06/25/AR2008062501945.html?hpid=opinionsbox1
Building a Wall Against Talent
By George F. Will
Thursday, June 26, 2008; A19
georgewill@washpost.com
http://www.washingtonpost.com/wp-dyn/content/article/2008/06/25/AR2008062501945.html?hpid=opinionsbox1
Building a Wall Against Talent
By George F. Will
Thursday, June 26, 2008; A19
georgewill@washpost.com
more...
genscn
08-11 10:12 AM
I thought I will share my experience with all members who are facing processing delay for their I-140. My I-140 was filed at NSC on March 21, 2007 and got transferred to TSC on May 21, 2008. Since then, I see no activities (I believe TSC was treating transfer date as receipt date and they didn’t bother to look at my case). On July 29, 2008, I asked my Lawyer to initiate the inquiry about the delay and his paralegal took the “service center request” from USCIS for my I-140 and service center issued a confirmation number (ETCXXXXXXXXXXXXX) for further inquiry.
Within 10 days of initiating the inquiry, my case was approved on August 9, 2008. Please do so if you think it will help.
Within 10 days of initiating the inquiry, my case was approved on August 9, 2008. Please do so if you think it will help.
mrdelhiite
06-23 04:18 PM
those are not the cases of India....
As far as i know it should not matter when it comes to labor ..i mean which country u are from ... correct me if i am wrong ...i just wanted to say there is a movement ... i am sure not everyone is on trackiit ... i see this as a +ve thing
-M
As far as i know it should not matter when it comes to labor ..i mean which country u are from ... correct me if i am wrong ...i just wanted to say there is a movement ... i am sure not everyone is on trackiit ... i see this as a +ve thing
-M
more...
mrdelhiite
06-21 01:38 PM
This has been there since a long time . Every new process has its backes and the resisters . The president of the US resisted the telephone also when Edison invented it . Relax don't lose your sleep about it . Atlanta is backlogged due to the incompetence and heavy workload of workers there . nothing more , nothing less .
I agree with you 100%... no point in being paranoid about what can happen ... if it does we will find a way to deal with it
-M
I agree with you 100%... no point in being paranoid about what can happen ... if it does we will find a way to deal with it
-M
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pmpforgc
03-05 10:26 PM
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Just to clarify your logic of thoughts: when you came here you came here on H-1 (non-immigrat visa) to work and make money. At a time you were never immigrant, you were TEMORARY WORKER. on coming here, probably after experiencing few years life here and comparing that to your home country, you felt it better and DECIDED To IMMIGRATE and APPLIED FOR GC. Unfortunately that process is legal mess so you dont like that mess. But if you do little soul search if you didnt like here you should not have applied for your GC, Just have made money (as your initial objective) and went back home with strong experience and lot of cash. I have seen couple of people doing that. They come here, they feel that this country is not for them, they still stay on H1 make money survive on very less money and then go home. Once they go home they even dont need to work if they wish so. But you did not made that choice but decided to stay here, not because of GC, GC was just medium to stay here.
Hope this help in little soul searching for you.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Just to clarify your logic of thoughts: when you came here you came here on H-1 (non-immigrat visa) to work and make money. At a time you were never immigrant, you were TEMORARY WORKER. on coming here, probably after experiencing few years life here and comparing that to your home country, you felt it better and DECIDED To IMMIGRATE and APPLIED FOR GC. Unfortunately that process is legal mess so you dont like that mess. But if you do little soul search if you didnt like here you should not have applied for your GC, Just have made money (as your initial objective) and went back home with strong experience and lot of cash. I have seen couple of people doing that. They come here, they feel that this country is not for them, they still stay on H1 make money survive on very less money and then go home. Once they go home they even dont need to work if they wish so. But you did not made that choice but decided to stay here, not because of GC, GC was just medium to stay here.
Hope this help in little soul searching for you.
more...
Rajeev
08-12 02:18 PM
My guess is that we have discussed enough about the bill. Next in the line is the dream act for children of undocumented immigrants. Do we want to have a campaign to add children of legal immigrants to the bill or we want to only discuss the implications about the act, once it is passed by house and senate.
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DDLMODES
07-06 10:42 AM
Check OH Law Firm post.
I'm afraid that the fire has alerady started.
With the lawsuit and the explanations that they have to give, most likely this issues will come up and this is going to be used against us from now on ....
Just what we needed ...
:(
I'm afraid that the fire has alerady started.
With the lawsuit and the explanations that they have to give, most likely this issues will come up and this is going to be used against us from now on ....
Just what we needed ...
:(
more...
coolpal
02-04 12:25 PM
My wife has H1B processed in maiden name -(i 797, i-94, stamping). she recently changed her maiden name to married name. she changed her name in SSN and Passport. DMV in NJ are asking to change the name in immigration office. We spoke to the immigration authority and they say there are no relevant forms to make the name change. If anybody have solution let me know.
Explain to the DMV about this... and try not to go on a weekend. They are extremely busy on weekends are easily irritated. Find them when they are relatively calm and free...
pal :)
Explain to the DMV about this... and try not to go on a weekend. They are extremely busy on weekends are easily irritated. Find them when they are relatively calm and free...
pal :)
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espoir
07-24 03:38 PM
EB5 doesn't need I-140. In fact EB5 does not apply with I-485, EB5 application# is I-526. Either we are missing out some crucial information on LuckyPaji's case or he is having little fun at our expense. They haven't even completed receipting June 29 cases. This guy is just playing with us or his dates are completely wrong.
Since LuckyPaji mentioned his brother came on investors visa, I'm thinking even he applied under INVESTOR CATEGORY-EB5..
Probably he is right that he got EAD, 140 and 485 receit notices etc...:) ..
Anyway he is not sure about his category..So it could be EB5 which was NEVER retrogressed..
Since LuckyPaji mentioned his brother came on investors visa, I'm thinking even he applied under INVESTOR CATEGORY-EB5..
Probably he is right that he got EAD, 140 and 485 receit notices etc...:) ..
Anyway he is not sure about his category..So it could be EB5 which was NEVER retrogressed..
more...
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perm2gc
07-23 03:22 PM
Hey you are mentioning that you are in EB3 India with a Priority date of AUG 2004. When did you file for the I-485. To my knowledge it was never until this July Fiasco. Can you please explain.
Concurrent filing was present at that time :D
Concurrent filing was present at that time :D
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amitjoey
07-18 04:58 PM
Contributed $100 today and more to come.
If I can't volunteer my time, the least that I can do is contribute $.
Thanks a lot.
If I can't volunteer my time, the least that I can do is contribute $.
Thanks a lot.
more...
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sanjuatl
09-12 05:10 PM
Count me IN ......
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Milind123
09-12 11:39 PM
Done
Changed the Equation
To Would be first time contributor,
Besides your other non-monetary contribution, IV needs your monetary contribution too.
People who havn't contributed, please take your first shot. Need just 2 people to contribute $100 each for now.
sam2006 and I will contribute $100 each. That makes $400 closer to the goal.
Changed the Equation
To Would be first time contributor,
Besides your other non-monetary contribution, IV needs your monetary contribution too.
People who havn't contributed, please take your first shot. Need just 2 people to contribute $100 each for now.
sam2006 and I will contribute $100 each. That makes $400 closer to the goal.
more...
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eb3_nepa
07-15 12:00 AM
ABout $700 or so in the day. Not a bad start.
We need to keep the pressure and the momentum going guys. Keep the high fives coming :)
We need to keep the pressure and the momentum going guys. Keep the high fives coming :)
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ItIsNotFunny
09-17 05:27 AM
I have done some ground work and am planning to start a company this week - my wife as owner. I have couple of other friends who have filed 485 in June.
My goal for first couple of years is not to make profit but to increase turnover so it would be easier for me to present the company to big corporations and register as preferred vendor. I am planning to pay 96% of the rate to the employee. This way employee will get most of his / her rate without getting into opening their own corporation. At present I am working with attorney to finalize agreement with employee for this.
My goal for first couple of years is not to make profit but to increase turnover so it would be easier for me to present the company to big corporations and register as preferred vendor. I am planning to pay 96% of the rate to the employee. This way employee will get most of his / her rate without getting into opening their own corporation. At present I am working with attorney to finalize agreement with employee for this.
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jayleno
07-14 03:11 PM
Just dropped a check for $5. I hope all of the remaining members do the same.
ganguteli
06-11 03:08 PM
I keep reading we should fight for out rights and all. I am just curious
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
We are fighting against anti-immigrant idiots like you.
Greencard is our right because we have been waiting long enough and paid a lot for it, and we will not just take greencard but also get our citizenship. After getting citizenship we will make our pro-immigrant senators win election and help defeat anti-immigrant Senators. We will contribute money in getting pro-immigrant lawmakers get elected. Got it ?
We will also tackle idiot old good for nothing racist programmers like you and make sure you remain losers in life.
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
We are fighting against anti-immigrant idiots like you.
Greencard is our right because we have been waiting long enough and paid a lot for it, and we will not just take greencard but also get our citizenship. After getting citizenship we will make our pro-immigrant senators win election and help defeat anti-immigrant Senators. We will contribute money in getting pro-immigrant lawmakers get elected. Got it ?
We will also tackle idiot old good for nothing racist programmers like you and make sure you remain losers in life.
mirage
08-18 08:18 AM
What you are saying is absolutely right and there is no doubt what you are doing is the need of this hour but my guess is most of the people who are still waiting from 2001.2002 or 2003 have some reasons to Not do it. For me my employer is not ready to take the pain of going thru another GC process, even though I pay all the expenses, and I am not able to find a sponsor, I'm sure there are many in similar situation..
You are forgetting the re-distribution of spill over rules which has affected the processing speed of different categories. So it doesnt matter how many numbers are pending in EB3 past years, its surely greater than the country limits based on past visa usage data. So it does make a lot of sense to port to EB2. Some one who applied in EB2 India in 2008 is likely to get GC before someone who applied in EB3 India 2003/2004 based on current situation.
You are forgetting the re-distribution of spill over rules which has affected the processing speed of different categories. So it doesnt matter how many numbers are pending in EB3 past years, its surely greater than the country limits based on past visa usage data. So it does make a lot of sense to port to EB2. Some one who applied in EB2 India in 2008 is likely to get GC before someone who applied in EB3 India 2003/2004 based on current situation.
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