pxkuma
06-01 07:45 PM
I think this question may have been addressed before, so I apologize for the duplication.
I am trying to change my job and have an approved I-140 with a priority date of August 2006. The question is if I am successful in porting my old August PD for my new I-140 applied after May 2007, would I come under this new merit system? Any help would be greatly appreciated.
I am trying to change my job and have an approved I-140 with a priority date of August 2006. The question is if I am successful in porting my old August PD for my new I-140 applied after May 2007, would I come under this new merit system? Any help would be greatly appreciated.
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santb1975
05-23 10:29 PM
Thankyou for the contribution
Contributed $100 today.
Transaction ID: 6WL593393P795301W
Contributed $100 today.
Transaction ID: 6WL593393P795301W
ash0210
06-02 05:24 PM
As per USCIS, childrens are aged out after they becomes 21 and their I-485 could be rejected.
However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.
In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.
Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.
Pl be advised to consult your immigration lawyer...
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.
In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.
Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.
Pl be advised to consult your immigration lawyer...
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
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vin13
03-12 03:45 PM
Please do not convince your friends.
If you are yourself not contributing, how will you convince them to contribute. :D
Great! Someone should give you an award for motivation
For your information, i have contributed to IV monetarily. It just does not show up on the handle for some reason i do not know.
If you are yourself not contributing, how will you convince them to contribute. :D
Great! Someone should give you an award for motivation
For your information, i have contributed to IV monetarily. It just does not show up on the handle for some reason i do not know.
more...
n2b
09-10 08:50 AM
The greatness of USCIS is unbelievable!!!!!
When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.
So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!
Such a BS to deal with all because of USCIS' GRACE!!!!
When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.
So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!
Such a BS to deal with all because of USCIS' GRACE!!!!
nashim
08-11 04:35 PM
Is it Rumors or True?
If it is true then really its very good news and we can see 140 approvals soon.
If it is true then really its very good news and we can see 140 approvals soon.
more...
yabadaba
07-11 01:26 PM
I can't believe this is how it feels to be sooo close to achieving your dream - regardless of how hard we've had to fight.....
Congratulations to each and everyone of you in EB2-India and China that have been pushing and clawing your way (just like I have) to get your greencards. While my PD is a month away - I am so glad for you. Get ready to go on a loooooong break (mentally, emotionally, and physically if possible as well).
I have been saving up every penny of my disposable income (after the shopping and eating out and everything else!) to go do the things I've wanted:
Climb Mt. Kilimanjaro
Spend 3 months with my family in India and Dubai
Go back to Culinary School
Go to Bordeaux and learn about wine
Become an amazing photographer (just like one of the members on this forum...)
The list goes on and on....
But most of all - I can't believe that the moment is here for almost ALL of us to be free of the shackles and really really live our lives. I'm proud to have participated in everything and hopefully we ALL worked to make this huge of a difference and will see this effort through to help all our colleagues stuck in the EB3-India and China mess....
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are you ooehs, indian high, modern high, st marys or choueifat?
Congratulations to each and everyone of you in EB2-India and China that have been pushing and clawing your way (just like I have) to get your greencards. While my PD is a month away - I am so glad for you. Get ready to go on a loooooong break (mentally, emotionally, and physically if possible as well).
I have been saving up every penny of my disposable income (after the shopping and eating out and everything else!) to go do the things I've wanted:
Climb Mt. Kilimanjaro
Spend 3 months with my family in India and Dubai
Go back to Culinary School
Go to Bordeaux and learn about wine
Become an amazing photographer (just like one of the members on this forum...)
The list goes on and on....
But most of all - I can't believe that the moment is here for almost ALL of us to be free of the shackles and really really live our lives. I'm proud to have participated in everything and hopefully we ALL worked to make this huge of a difference and will see this effort through to help all our colleagues stuck in the EB3-India and China mess....
another dubai desi!!!
are you ooehs, indian high, modern high, st marys or choueifat?
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chanduv23
05-15 10:58 AM
When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.
Ok - any ideas how we can ask? What fee waiver are we asking for?
We need to understand if there is a system in place for fee waiver?
To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.
Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.
I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.
thats why we need innovative ideas to deal with this.
Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.
Ok - any ideas how we can ask? What fee waiver are we asking for?
We need to understand if there is a system in place for fee waiver?
To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.
Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.
I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.
thats why we need innovative ideas to deal with this.
Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.
more...
kak1978
10-20 12:19 PM
Sent the letters, took less than a minute.
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mps
07-20 06:25 PM
You have to consider the scenario where both spouses have LC pending in PERM and BEC- and only one may have applied for 485. I'm just hoping people who have bought the LCs and tuned their work experience to suit available LC would be scrutinized strictly and would stay in I-140 stage longer.
Out of the 144k perm, FEW have 2 labors (1 in eb3 and another in eb2). Also many have labors in BEC as well as PERM (THIS IS QUITE A LOT). So the total real applicants combined from BEC and PERM could be around 200k. Not all the dependants (kids) need EAD. Not all the primary applicants apply for EAD. The total approximate EAD applicants could be 350K.
ALSO, ONE THING YOU HAVEN'T CONSIDERED...As the priority dates are unavailable until october and the expected slow movement of the 2008 bullettins(because they have the count of pending applicants now), there will be only very few EAD applicants in next few months. How ever, all these applicants will re-apply every year...they they can expect this same load until they provide a relief to issue visas to everybody.
Note: Next year..expect the same delay for renewal.
Out of the 144k perm, FEW have 2 labors (1 in eb3 and another in eb2). Also many have labors in BEC as well as PERM (THIS IS QUITE A LOT). So the total real applicants combined from BEC and PERM could be around 200k. Not all the dependants (kids) need EAD. Not all the primary applicants apply for EAD. The total approximate EAD applicants could be 350K.
ALSO, ONE THING YOU HAVEN'T CONSIDERED...As the priority dates are unavailable until october and the expected slow movement of the 2008 bullettins(because they have the count of pending applicants now), there will be only very few EAD applicants in next few months. How ever, all these applicants will re-apply every year...they they can expect this same load until they provide a relief to issue visas to everybody.
Note: Next year..expect the same delay for renewal.
more...
paskal
07-11 11:49 AM
I dont get it for EB3 India. First they said once we get over the APR 01 hump we should be move quicker. Well guess what we DID get over that hump. Why the heck arent the dates moving at all for us?
this is surprising. really the dates should move- at least some. i keep thinking with each bulletin that EB3 will surely move now but it just has not happened. at this moment of course they have simply made it U. i wonder though if the dates will move when the october quota comes in.
this is surprising. really the dates should move- at least some. i keep thinking with each bulletin that EB3 will surely move now but it just has not happened. at this moment of course they have simply made it U. i wonder though if the dates will move when the october quota comes in.
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leoindiano
04-30 10:10 AM
Good info....cant wait to see what they have to say....
more...
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somegchuh
01-03 04:11 PM
I think you bring up very valid points. For a lot of ppl who have stayed away from family/extended family for so long, they may not like the constant interference.
"I miss my parents" is not quantifiable but what about the paying back the debt by supporting your aging parents? Let me make the question a little broader, isn't every immigrant divided between doing what's best for the children and supporting the parents?
for some it is money, for others it is about taking care of parents etc.
for me it is all about where I would like to live, grow and bring up my child. to me the answer is very clear. while this country is not perfect, no country on this planet is. if a human makes an objective list based on quantifiable pros and cons, the decision is very easy to make.
as for stuff like "I miss my parents" that is not quantifiable and should never figure in the discussion. what is the guarantee that you can return to your home country and live in the same city as you parents do? what happens if your kids don't want the grandparents to interfere in their lives? what happens if you cannot take constant interference from friends and extended family?
my reasons may come across as cold and calculating. however, it is an inhospitable world we live in and it is up to us to provide the best possible cocoon for our immediate family and that is exactly what I intend to do.
"I miss my parents" is not quantifiable but what about the paying back the debt by supporting your aging parents? Let me make the question a little broader, isn't every immigrant divided between doing what's best for the children and supporting the parents?
for some it is money, for others it is about taking care of parents etc.
for me it is all about where I would like to live, grow and bring up my child. to me the answer is very clear. while this country is not perfect, no country on this planet is. if a human makes an objective list based on quantifiable pros and cons, the decision is very easy to make.
as for stuff like "I miss my parents" that is not quantifiable and should never figure in the discussion. what is the guarantee that you can return to your home country and live in the same city as you parents do? what happens if your kids don't want the grandparents to interfere in their lives? what happens if you cannot take constant interference from friends and extended family?
my reasons may come across as cold and calculating. however, it is an inhospitable world we live in and it is up to us to provide the best possible cocoon for our immediate family and that is exactly what I intend to do.
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achiever2001
07-20 03:05 PM
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
So what are trying to prove ? Generally i dont respond but this just shows that you have a lot of time. Why dampen people's spirits by such post or why try to say that whatever IV has done is a waste. That is what i get from what you have posted. If you are cynical, keep it to your own self, dont start such negative threads. Dont know you and this is not a personal attack but think twice before you create such posts, because they are disheartening for many (including me) who are so frustrated that they can believe any thing negative. Chill out and let us enjoy the moment why we have it, if things change over the period, we are fighters, we will survive but dont add to our problems by your predictions and logic (which might be right to start with but do we tell cancer patients that they are going to die on such and such date).
No offence intended but cool off.
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
So what are trying to prove ? Generally i dont respond but this just shows that you have a lot of time. Why dampen people's spirits by such post or why try to say that whatever IV has done is a waste. That is what i get from what you have posted. If you are cynical, keep it to your own self, dont start such negative threads. Dont know you and this is not a personal attack but think twice before you create such posts, because they are disheartening for many (including me) who are so frustrated that they can believe any thing negative. Chill out and let us enjoy the moment why we have it, if things change over the period, we are fighters, we will survive but dont add to our problems by your predictions and logic (which might be right to start with but do we tell cancer patients that they are going to die on such and such date).
No offence intended but cool off.
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chanduv23
11-24 04:55 PM
If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.
If that is the case, then h1b is not an option at all.
If that is the case, then h1b is not an option at all.
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Canadian_Dream
06-01 08:18 PM
I re-read the section and I think your interpretation is correct. All I-140 filed after introduction and approved before enactment should stand clear from this provision. If there is an I-485 petition filed along with such an I-140 that is approved before enactment of this act, then it will qualify for an immigrant visa whenever one is available under the old law.
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
more...
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gcretroiv
02-10 01:24 PM
I second that VIVA , you are 100% correct
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Bhanu
09-14 12:59 PM
Order Details - Sep 14, 2007 12:21 PM CDT
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quizzer
08-20 05:11 PM
My wife's DL renewal is pending for more than 2 months...When we contacted DMV they said its pending clearance from DHS (homeland security) and it could take take 120+ days to get their approval.
Has anybody encountered this recently?
Thanks
Has anybody encountered this recently?
Thanks
waiting_gc
09-11 09:35 PM
Just made a one time contribution of $100. Will contribute more in future.
Order Details - Sep 11, 2007 7:48 PM MDT
Google Order #636782625897168
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Order Details - Sep 11, 2007 7:48 PM MDT
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I would love to attend the rally, but will not be able to do so due to family situation.
snathan
05-15 10:35 AM
dear members,
please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.
Ideas and suggestions are welcome.
When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.
please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.
Ideas and suggestions are welcome.
When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.
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