hariswaminathan
03-05 03:08 AM
I hate to be the one to throw cold water on this - i dont believe its anything worth writing home about - I dont believe its really "pre-adjudication" for something exciting looming but IOs finally reaching the backlog of cases which they are supposed to as normal course of action to varify all the information pertaining to each case is correct and issue RFEs for missing bits. Dont forget last year they were all diverted to GC2Citizen cases because of voting bank pressure and coupled with July 2007 filers there was a huge backlog of cases just left pending.
Generally Numbers dont lie (except Satyam) and I havent heard anything in Congress that may be remotely close to passing that may change the landscape for EB folks and therefore am guessing that they have not really been intimated on any urgent action to be done within next few months for something looming.
Generally Numbers dont lie (except Satyam) and I havent heard anything in Congress that may be remotely close to passing that may change the landscape for EB folks and therefore am guessing that they have not really been intimated on any urgent action to be done within next few months for something looming.
wallpaper Anne Hathaway has some hot
deardar
09-14 10:17 AM
thank you deardar and claudia255 for the contributions.
Welcome!
Welcome!
ragz4u
03-08 10:28 AM
This is the right link. It is very clear today. Interesting discussion.
Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame
Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame
2011 Anne Hathaway gallery: Marchesa#39;s Second Anniversary Dinner:
eb3retro
08-12 11:28 AM
Not surprised that this is coming out of a Democratic senator, as they are never pro-business. Democratic party - watch out, its going to be bumpy in November.
more...
bp333
03-04 12:20 PM
Is your case at NSC? I have definitely noticed a pattern of pre-adjudcation activity from NSC for cases filed in July-August 2007.
My application is filed with Texas Service Centre.
My application is filed with Texas Service Centre.
bigboy007
06-02 07:53 PM
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.
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.
more...
Kodi
09-17 01:11 PM
My employer emailed them but no reply yet. My H1 is expiring Dec 1, 2007. I guess I better apply for H4 thru spouse.
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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...
amitjoey
05-06 03:54 PM
Please help us help ourselves. If we do not mount pressure, we will have ourselves to blame for the next 10 years.
Please call all TIER 1 senators first.
Please call all TIER 1 senators first.
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himu73
07-19 11:16 AM
Only lawyer or the employeer contact can call for labor status queries. DOL does not know you exist. Be careful there is no relation between labor and green card AOS. If you call it shows that you intend to immigrate while on H1. It might work against you.
Can anyone please post a 'sample letter' and the contact information?
I want to post a hard copy of the letter personally to the Atlanta center.
Stuck since April 15th.
Can anyone please post a 'sample letter' and the contact information?
I want to post a hard copy of the letter personally to the Atlanta center.
Stuck since April 15th.
more...
snathan
08-24 12:16 AM
Context is everything
And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal
And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities
You made my day....but you can do better. Come up with somthing make sense.:D
I never knew all these so called multinational executives work for noble cause...hilarious
And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal
And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities
You made my day....but you can do better. Come up with somthing make sense.:D
I never knew all these so called multinational executives work for noble cause...hilarious
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gcpath
01-03 10:59 AM
Filed AP on Aug-8-2007. Today received email from CRIS saying that Documents have been mailed. Hope you all will get soon.
more...
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param_r
09-11 12:05 PM
Guys,
Keep up the good work.
This is just another way of saying, sorry I cannot come down to DC due to prior engagements.
Sent $100 in contribution.
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Thanks,
Param.
Keep up the good work.
This is just another way of saying, sorry I cannot come down to DC due to prior engagements.
Sent $100 in contribution.
Google Order #528053412971728
Thanks,
Param.
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susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
more...
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gc_chahiye
07-24 10:02 AM
Priti..
How can he get a visa number alloted(I suppose you mean he could have got approval)..NO WAY they can approve a person who applies in June.. Do you think they can approve 485 without Biometrics.NameCheck,Security checks etc.. Please do not provide wrong info and rise false hopes in people who already suffered a lot
correct, its going to take atleast 2 months even in the fastest cases of 485 approvals. With a March 2003 PD his best hope is that he becomes current again 6 months or so from now and does not get stuck in namecheck
How can he get a visa number alloted(I suppose you mean he could have got approval)..NO WAY they can approve a person who applies in June.. Do you think they can approve 485 without Biometrics.NameCheck,Security checks etc.. Please do not provide wrong info and rise false hopes in people who already suffered a lot
correct, its going to take atleast 2 months even in the fastest cases of 485 approvals. With a March 2003 PD his best hope is that he becomes current again 6 months or so from now and does not get stuck in namecheck
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virald
10-01 05:20 PM
Let us wait for the statement from USCIS
Which statement are you talking about? Was there any intimation from USCIS that a statement will be released?:confused:
Which statement are you talking about? Was there any intimation from USCIS that a statement will be released?:confused:
more...
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arnab221
11-09 01:26 PM
Thanks to the glorious service of the Atlanta center :mad: I missed the I-485 bus by 7 days( Labor cleared on Aug end ). Many people with later PD's got cleared from the Chicago PERM center . Now I just watch as all members get their EAD's and AP's while I wait with nothing but hope and watch legislation after legislation fail in the senate and house , and the letters flying all over the place .
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plreddy
07-14 02:43 PM
Bank Of America Bill Pay Confirmation Number: 7YB5R-TV1TL for $ 5.00.
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lakshman.easwaran
07-14 03:47 PM
Scheduled on 07/18/2008
Confirmation Number#: 7YB9Y-DKLN7 (through BofA)
Confirmation Number#: 7YB9Y-DKLN7 (through BofA)
let007live4ever
02-06 03:50 PM
I-131 @t Nebraska Center
Receipt Date: 14th Agug
Notice Date: 24th Aug
Received RFE
USCIS received RFE on: 29th Nov
Called them 3 times and everytime the same answer "pending and processing."
Unfortunately my uncle passed away yesteray and I have to travel for the funeral processings. Called USCIS just now and told them to expedite the case. CSR took all the information and told that someone will contact me within 5 business days about case. Hoepfully someone calls/emails and approves my case.
Just wanted to share my experience.
Receipt Date: 14th Agug
Notice Date: 24th Aug
Received RFE
USCIS received RFE on: 29th Nov
Called them 3 times and everytime the same answer "pending and processing."
Unfortunately my uncle passed away yesteray and I have to travel for the funeral processings. Called USCIS just now and told them to expedite the case. CSR took all the information and told that someone will contact me within 5 business days about case. Hoepfully someone calls/emails and approves my case.
Just wanted to share my experience.
insbaby
07-24 08:13 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 :) :) :)
I applied for PERM in Sep 2006 - EB3 - India.
I applied for I-140 and I-485 concurrently in Jun 2007.
If your PD is Sep 2006, how could you file I-485 in Jun 2007? Your dates are current only in July 2007.
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 :) :) :)
I applied for PERM in Sep 2006 - EB3 - India.
I applied for I-140 and I-485 concurrently in Jun 2007.
If your PD is Sep 2006, how could you file I-485 in Jun 2007? Your dates are current only in July 2007.
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