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.
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alanoconnor
01-23 06:16 AM
pd dec 03
rir
case "in process"
rir
case "in process"
she81
07-24 08:33 PM
But it did not help much. Basically, when you call PBEC if you come across the switch board operator, who usually sits in the forenoon sessions, you will not have any luck at all. She would ask you to send any queries/questions thru your attorney. I called both DOL and PBEC numbers several times. DOL people, while souding helpful, always said that they are helpless. As for PBEC, most times, I ran into this operator who gruffly told me to talk to my lawyer. I did talk to someone other than the switch board operator on a few occassions and they did give me some useful information. I then used that information to pester my attorney to take some action. I found it is generally best to call on Wednesdays/Thursdays during afternoon sessions. This is just my personal observation. In your case, there is nothing wrong in trying, is there? It is better to try and fail than not trying at all...
My LC application with a PD of Dec 2002 has been rotting at PBEC and finally ad for my case started appearing on AJE web site last week. My attorney has not received any thing at all. Mind you, in my case the recruitment efforts were completed long before it was forwarded to PBEC. It is precisely for this reason my application was 'unfit' for conversion to RIR. They now insist upon doing recruitment all over again. Neither my employer nor my attorney is ever involved in thid PBEC recruitment. The horror never ends...
Go ahead and call. You might get lucky and actually talk to the analyst. When you start your conversation do not start off with request for information. Say that you found a problem with your case in screenshot or something like that. Any thing that makes your conversation separate from the rest. Goodluck.
fb
Thanks a lot for the heads up. I'm sure your advice will come in handy tomorrow. I've asked my attorney to call, but they simply won't venture into it and recommend waiting until the end of this month. Finally, I'm taking it in my hands.
I'm sorry to hear your saga. It all boils down to sheer good luck, isn't it? Good luck with your case.
My LC application with a PD of Dec 2002 has been rotting at PBEC and finally ad for my case started appearing on AJE web site last week. My attorney has not received any thing at all. Mind you, in my case the recruitment efforts were completed long before it was forwarded to PBEC. It is precisely for this reason my application was 'unfit' for conversion to RIR. They now insist upon doing recruitment all over again. Neither my employer nor my attorney is ever involved in thid PBEC recruitment. The horror never ends...
Go ahead and call. You might get lucky and actually talk to the analyst. When you start your conversation do not start off with request for information. Say that you found a problem with your case in screenshot or something like that. Any thing that makes your conversation separate from the rest. Goodluck.
fb
Thanks a lot for the heads up. I'm sure your advice will come in handy tomorrow. I've asked my attorney to call, but they simply won't venture into it and recommend waiting until the end of this month. Finally, I'm taking it in my hands.
I'm sorry to hear your saga. It all boils down to sheer good luck, isn't it? Good luck with your case.
2011 Cher amp;amp; Christina Aguilera
technolover76
09-17 08:31 PM
we are planning to start an LLC as a group of three here......one of them being in india.i was wondering about the tax issues for a member of an LLC if he is based in India.Can he get an tax identification number.thank you.
more...
maddipati1
11-21 04:00 PM
But.. when AOS(485) is denied, won't the underlying 140 and for that matter labor is also denied?
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
pappu
11-20 10:13 PM
Work in progress; comments welcome.
.
Thanks for the effort. All pls send PMs to jimi if you have comments.
.
Thanks for the effort. All pls send PMs to jimi if you have comments.
more...
JunRN
09-28 09:47 PM
Kidding aside, when I get my GC and then US citizenship, I will apply for a position in DHS....or in FBI.....
2010 Christina Aguilera#39;s first big
jonty_11
07-11 12:29 PM
Anyone,
How do I start a new thread in IV ?
search for this the forums and u will find it.
How do I start a new thread in IV ?
search for this the forums and u will find it.
more...
gsrknth
07-14 02:55 PM
Great Idea.
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memory_remains
03-31 05:44 PM
I am on OPT right now & my wife is on F-2 visa. We went to New York DMV to get her learners permit. They wouldn't allow her to get the permit as the school on I-20 is not in New York. Its so weird. They gave me NYS license due to my EAD card, but they say they cannot give her the license as the I-20 has to show the school in New York State. Anybody here has any recommendation??? Has anybody on F2 with I-20 from a different state gotten drivers license in New York??
TIA
TIA
more...
leo2606
08-12 12:59 PM
I don't think so, all centers which handle 485s will look at the application delivered date as the the RD.
I was asking this because some agencies consider the post marked date as the date the appllication was filed. But thanks for the response
I was asking this because some agencies consider the post marked date as the date the appllication was filed. But thanks for the response
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pappu
08-28 10:56 AM
since this last month has been one of the most frustrating in terms of any movement from any standpoint...thought i d write another op ed
==================================================
Where is my Ellis Island?
yabadaba
IV member
Thank you very much for your effort. IV team is working on getting op-eds published.
==================================================
Where is my Ellis Island?
yabadaba
IV member
Thank you very much for your effort. IV team is working on getting op-eds published.
more...
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hebbar77
09-10 06:08 PM
I was hopeful of GC soon. Now with OCT bulletin, I will let the GC come(or not) and use my EAD to get on with my life.
Let anyone bullshit with PDs etc.
Let anyone bullshit with PDs etc.
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sapota
07-20 02:51 PM
I know the number of applicants will be high. My guess is around 200k for EAD applications. Remember, some people (like me) will have BEC case & PERM case. So there is a chance for double count.
more...
pictures Christina Aguilera #39;Burlesque#39;
add78
06-10 05:13 PM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
They said the same thing about Clinton having the Dem nomination locked up a year ago. :) Do not underestimate the power of grassroots organization, unified efforts, public awareness and its influence over the representatives, call/fax/flower campaigns and active lobbying. Do not get discouraged and keep trying till you succeed.
The Multi-Year EAD happened today. Others will too. All we have to do is try and follow the Action Items. And urge others to join and do the same.
visa recapture - no chance
visa increase - will not happen
still contribute??
They said the same thing about Clinton having the Dem nomination locked up a year ago. :) Do not underestimate the power of grassroots organization, unified efforts, public awareness and its influence over the representatives, call/fax/flower campaigns and active lobbying. Do not get discouraged and keep trying till you succeed.
The Multi-Year EAD happened today. Others will too. All we have to do is try and follow the Action Items. And urge others to join and do the same.
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pitha
07-19 04:09 PM
Guys please enroll for recurring contributions. Its for our own good. Please dont sit under the misconception that since we applied for 485 and we get EAD we might be ok. you are not safe until you have the green card in your hand. durbin, grasley, ron hira are out there to get you, I wont be surprised if they come after EAD once they are done with H1. Please contribute to IV so that we can work on the next leg on the process, be it SKIL or visa number recapture or whatever comes but to do that IV needs money, please contribute so that we can build on the momentum. Junior members, news members you are the new blood please come forward and contribute. To existing members please think about increasing the recurring contribution amount.
more...
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vkotval
07-17 11:57 PM
I think priority date is important only for using a visa number for a 485 application which has been adjudicated. What is the use of a 485 application pending processing even if the visa numbers are available for that PD.
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skillet
06-22 11:20 AM
Still per my attorney it shows "In-Process". Mine was filed on Feb 5th...
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gk_2000
08-24 01:38 PM
I dont have any opinions on the main topic here - just wanted to chime in on this one...
Many CEOs work for $1 a year - thats just the salary component and only one side of the story. There is another side to it - stocks and options. No one gives up the stocks that they keep getting every year..infact, for many of these guys, the salary is just a drop in the bucket. Their real cash cow is the hundreds of thousands in stocks that they receive each year. Nobody gives those up. The $1 per year is mostly a publicity thing...
So this actually supports my point. There is no "loophole" to close.
I recommend my friends snathan and swissgear to avoid actions based on jealousy over people just like yourself. But hurting them you hurt yourself
Giving reds - is that the only thing you can do? Do you want more "helpful" posts from me? I wish to avoid the specifics of your arguments or rebukes, as they are not important here, so if my replies are not "helpful" then perhaps your arguments are irrelevant to begin with
Many CEOs work for $1 a year - thats just the salary component and only one side of the story. There is another side to it - stocks and options. No one gives up the stocks that they keep getting every year..infact, for many of these guys, the salary is just a drop in the bucket. Their real cash cow is the hundreds of thousands in stocks that they receive each year. Nobody gives those up. The $1 per year is mostly a publicity thing...
So this actually supports my point. There is no "loophole" to close.
I recommend my friends snathan and swissgear to avoid actions based on jealousy over people just like yourself. But hurting them you hurt yourself
Giving reds - is that the only thing you can do? Do you want more "helpful" posts from me? I wish to avoid the specifics of your arguments or rebukes, as they are not important here, so if my replies are not "helpful" then perhaps your arguments are irrelevant to begin with
inspectorfox
09-25 10:11 PM
No extension yet... DL expires on Friday. I will have to figure out how to go to work, take care of my family without driving the car.
rajeev_74
04-25 08:32 AM
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
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