villamonte6100
04-02 01:37 PM
Villamonte - the laws are such that USCIS cannot screw up much for ROW, especially if they are not in EB3. I hope you are not gloating much about your luck. However, you cannot extrapolate your fortune to say that USCIS is an efficient organization.
However, the laws are such that USCIS does screw up a lot with EB2 & 3 for India and China. They have to play games of predicting visa number availability between two departments (DOS & USCIS). They completely screw up the FIFO for Indians and Chinese within Indian & Chinese applicants. Luckily the FBI namecheck nightmare is over which will restore some sanity. There are many people who have to wait for years due to USCIS inefficiency.
I know an Indian case where PD was current and USCIS screwed up. He had to sue USCIS to get it fixed.
D.E.D is such a numbskull retard that he doesn't understand these concepts. All he harps is that you cannot investigate USCIS and USCIS awards H1B. The greatness of American democracy is that even a foreigner can ask the courts to investigate the wrongs a govt organization has done to them. In fact most democracies around the world allow that.
Besides USCIS does not award the H1B. It just follows the laws set forth by the congress and processes the H1B applications based on those laws.
D.E.D. just go back to the cave where you came from.
You are entitled to your opinion.
However, the laws are such that USCIS does screw up a lot with EB2 & 3 for India and China. They have to play games of predicting visa number availability between two departments (DOS & USCIS). They completely screw up the FIFO for Indians and Chinese within Indian & Chinese applicants. Luckily the FBI namecheck nightmare is over which will restore some sanity. There are many people who have to wait for years due to USCIS inefficiency.
I know an Indian case where PD was current and USCIS screwed up. He had to sue USCIS to get it fixed.
D.E.D is such a numbskull retard that he doesn't understand these concepts. All he harps is that you cannot investigate USCIS and USCIS awards H1B. The greatness of American democracy is that even a foreigner can ask the courts to investigate the wrongs a govt organization has done to them. In fact most democracies around the world allow that.
Besides USCIS does not award the H1B. It just follows the laws set forth by the congress and processes the H1B applications based on those laws.
D.E.D. just go back to the cave where you came from.
You are entitled to your opinion.
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Canadian_Dream
06-02 07:27 PM
Effective date is next fiscal year or the one following it. If you read both the sections it cleary says that.
(Read the word approved and an "or" preceding it).
or approved at the time of the effective date of this section, shall be treated as if such provision remained effective and an approved petition may serve as the basis for issuance of an immigrant visa.
In my opinion this clearly means that if you have an approved I-140 before the effective date you should be ok. All pending I-140 on the effective date which is 15 months away are most likely have to refile. That leads to two scenarios:
1. Approved I-140 with a pending I-485, these petitions will be elegible for immigrant visa whenever one is avialable, this is very clearly mentioned.
2. Approved I-140 without I-485. No clear indication of how these cases will be treaed. They MIGHT have to refile as well.
============
(d) EFFECTIVE DATE.—
32
33 (1) IN GENERAL.—Subject to paragraph (2), the amendments
34 made by this section shall take effect on the first day of the
35 fiscal year subsequent to the fiscal year of enactment, unless
36 such date is less than 270 days after the date of enactment, in
37 which case the amendments shall take effect on the first day of
38 the following fiscal year.
39
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.
9
The original word is "enactment date", which would be the date the bill is signed into law. The effective date will be oct, 2008.
So people who didn't get their 140 through before the president signs the bill would be screwed?
(Read the word approved and an "or" preceding it).
or approved at the time of the effective date of this section, shall be treated as if such provision remained effective and an approved petition may serve as the basis for issuance of an immigrant visa.
In my opinion this clearly means that if you have an approved I-140 before the effective date you should be ok. All pending I-140 on the effective date which is 15 months away are most likely have to refile. That leads to two scenarios:
1. Approved I-140 with a pending I-485, these petitions will be elegible for immigrant visa whenever one is avialable, this is very clearly mentioned.
2. Approved I-140 without I-485. No clear indication of how these cases will be treaed. They MIGHT have to refile as well.
============
(d) EFFECTIVE DATE.—
32
33 (1) IN GENERAL.—Subject to paragraph (2), the amendments
34 made by this section shall take effect on the first day of the
35 fiscal year subsequent to the fiscal year of enactment, unless
36 such date is less than 270 days after the date of enactment, in
37 which case the amendments shall take effect on the first day of
38 the following fiscal year.
39
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.
9
The original word is "enactment date", which would be the date the bill is signed into law. The effective date will be oct, 2008.
So people who didn't get their 140 through before the president signs the bill would be screwed?
helmet
10-21 05:15 PM
i think AC21 is a law passed by congress. So no matter how it is but it has to be followed by USCIS.
Now a days USCIS staff doen't have correct knowledge about AC21 so with out understanding they are rejecting.
Initially I got my H1 extension only for 1 year even though my 140 is approved and 485 filed. Then i fought to USCIS and showed the pdf doc from AC21 which states that they have to issues 3yrs extension.
Then they issued for 3yrs.
It is all lack of knowledge abt AC21.
Now a days USCIS staff doen't have correct knowledge about AC21 so with out understanding they are rejecting.
Initially I got my H1 extension only for 1 year even though my 140 is approved and 485 filed. Then i fought to USCIS and showed the pdf doc from AC21 which states that they have to issues 3yrs extension.
Then they issued for 3yrs.
It is all lack of knowledge abt AC21.
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brahmam
05-14 02:02 PM
Just an update from my side:
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.
Good luck.
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.
Good luck.
more...
digital2k
05-07 04:20 PM
Vowww
It feels great to have called everyone and making sure friends call as well ..
Pls Don't wait any longer, pick up your phone and be part of it NOW
Make sure you motivate others also
Let those phones be busy for the GOOD
For your convenience here are all the details :
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1391371-cir-national-phone-campaign-29th-april-2010-to-14th-may-2010-a-post1751338.html#post1751338 (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1391371-cir-national-phone-campaign-29th-april-2010-to-14th-may-2010-a-post1751338.html#post1751338)
This is The call
Don't miss the chance
IV and We suceeded in July, 2 Year EAD and many more ...
Pls pick up the phone and do your bit
IV is YOU and is Your Best Friend
It feels great to have called everyone and making sure friends call as well ..
Pls Don't wait any longer, pick up your phone and be part of it NOW
Make sure you motivate others also
Let those phones be busy for the GOOD
For your convenience here are all the details :
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1391371-cir-national-phone-campaign-29th-april-2010-to-14th-may-2010-a-post1751338.html#post1751338 (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1391371-cir-national-phone-campaign-29th-april-2010-to-14th-may-2010-a-post1751338.html#post1751338)
This is The call
Don't miss the chance
IV and We suceeded in July, 2 Year EAD and many more ...
Pls pick up the phone and do your bit
IV is YOU and is Your Best Friend
nlssubbu
07-24 06:33 PM
This is good information to know. If this is the case, then at least once in a year they have to make all the categories current. May be for September every year so that they do not waste any VISA numbers.
Again that depends on the demand vs supply. To have every one approved in EB3 (esp back logged countries), EB1 (All countries), EB2 (All countries) has to be current. Then the extra visas flow down to EB3 (ROW) and to all back logged countries (India, China, etc).
I am still wondering how DOL made all countries current in July bulletin. I think it is mainly due to many Labor Applications in BEC is either replaced by PERM or might not make all the way up to I-485. Many of us 2001 / 2002 filers discussed this theory a lot and did came to the conclusion that such a back log is artificially created as DOL, DOE and USCIS, who does not know exactly how many are there in approvable condition.
That is proved beyond doubt by the July bulletin :)
Hey guys make hey while the sun shines. I wish all of you will get GC much faster than us.
Thanks
Again that depends on the demand vs supply. To have every one approved in EB3 (esp back logged countries), EB1 (All countries), EB2 (All countries) has to be current. Then the extra visas flow down to EB3 (ROW) and to all back logged countries (India, China, etc).
I am still wondering how DOL made all countries current in July bulletin. I think it is mainly due to many Labor Applications in BEC is either replaced by PERM or might not make all the way up to I-485. Many of us 2001 / 2002 filers discussed this theory a lot and did came to the conclusion that such a back log is artificially created as DOL, DOE and USCIS, who does not know exactly how many are there in approvable condition.
That is proved beyond doubt by the July bulletin :)
Hey guys make hey while the sun shines. I wish all of you will get GC much faster than us.
Thanks
more...
reddymjm
07-14 10:30 PM
I understand your pain ( I am in the same boat ). EB3-I PD:June 2003. All we can do is keep the struggle going.
I plan to save the money to convert it to EB2 rather than spend here.
I plan to save the money to convert it to EB2 rather than spend here.
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arkrish68
09-27 12:45 PM
Arrived in early 2001
started processing GC in 2003
filed 1st application in 2003 - application went to backlog elimination center
left the company, filed second application in March 2006 - EB2
got I 140 approval in 2006
applied for I485 in June 2007
Waiting till today for the I485 approval
started processing GC in 2003
filed 1st application in 2003 - application went to backlog elimination center
left the company, filed second application in March 2006 - EB2
got I 140 approval in 2006
applied for I485 in June 2007
Waiting till today for the I485 approval
more...
mirage
07-05 12:38 PM
Yes, They always do that. I did fill that form for my Senator and congressman when they did inquiry for my application in the backlog center.
I sent faxes to my senators and congressman on 2nd july. But haven't heard back from them. When they'll reply they will send me the same form.
I wrote letters to Cornyn and Hutcison about the situation. They have asked me to fill the privacy form authorizing the senator to access my data. Did anyone do this?
I sent faxes to my senators and congressman on 2nd july. But haven't heard back from them. When they'll reply they will send me the same form.
I wrote letters to Cornyn and Hutcison about the situation. They have asked me to fill the privacy form authorizing the senator to access my data. Did anyone do this?
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rongha_2000
07-23 11:20 AM
Obama, did not vote.. Not sure why?? This is very frustrating.!:mad:
BTW how did Obama vote?????
BTW how did Obama vote?????
more...
andy007
07-05 11:08 AM
I will go and meet couple of them today ... From Oakland (CA) to Stockton (CA) my selft and meet them .. will show all the papers .. Please give me the Links what we need to show.. thanks and we will work hard this week & get media attenion.... and also .. if posible we will do rally also ..
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ashismaity
03-10 02:28 PM
http://www.wamu.org/programs/dr/
March 10 11:00The Immigration Debate
Some activists believe the U.S. needs a fence along the entire U.S.-Mexico border. Diane talks with her guests about this idea and other proposals from Congress in the latest round of the immigration debate.
Guests
Steven Camarota, director of research at the Center for Immigration Studies
Frank Sharry, executive director of the National Immigration Forum
Colin Hanna, president of Let Freedom Ring. Let Freedom Ring is the parent organization for www.WeNeedAFence.com
March 10 11:00The Immigration Debate
Some activists believe the U.S. needs a fence along the entire U.S.-Mexico border. Diane talks with her guests about this idea and other proposals from Congress in the latest round of the immigration debate.
Guests
Steven Camarota, director of research at the Center for Immigration Studies
Frank Sharry, executive director of the National Immigration Forum
Colin Hanna, president of Let Freedom Ring. Let Freedom Ring is the parent organization for www.WeNeedAFence.com
more...
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missourian
09-09 11:33 PM
I feeling really bad because I couldn't participate in rally, I just made a modest contribution of $100 through paypal
Web Accept Payment Sent (ID # 0830757928815571G)
Web Accept Payment Sent (ID # 0830757928815571G)
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ragz4u
03-09 11:34 AM
I am assuming that will be the end result. It means they will not be counted against any VISA CAP.
If I understood it right, they wanted to remove the 10% per country limit for the Nurses and Physical Therapist since a majority come from 3 countries - India, China and Phillipines
Again, not too sure if I understood it right
If I understood it right, they wanted to remove the 10% per country limit for the Nurses and Physical Therapist since a majority come from 3 countries - India, China and Phillipines
Again, not too sure if I understood it right
more...
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gondalguru
07-20 11:53 AM
So maybe the H-1B provision killed it??
.
Thats what I think.
Any amendments that contain provisions to increase H1b quota will have very tough time to get through.
.
Thats what I think.
Any amendments that contain provisions to increase H1b quota will have very tough time to get through.
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desi485
11-24 05:34 PM
I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.
I agree with Chandu, we should try to get this from CIS. Just don't know how:(
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.
I agree with Chandu, we should try to get this from CIS. Just don't know how:(
more...
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mayitbesoon
08-07 10:32 AM
It is so true. BEC victims are now I-140 backlog victims. It might help if IV can campaign for I-140 premium processing for BEC backlog victims. Ours is EB2 2003 from PBEC. LC process took 4 years. We are still waiting for I-140 to be approved while they are approving GCs for 2006 filers. It is absolutely unfair game by USCIS.
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Mayday
04-03 03:59 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
Talk to a manager in that department.
Does your wife go to school? Why does she need to be on F-2? Why don't you want to change it to H-4?
TIA
Talk to a manager in that department.
Does your wife go to school? Why does she need to be on F-2? Why don't you want to change it to H-4?
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9years
09-13 02:08 PM
I am not promoted. I believe my case is based on my MS + couple of years exp. All these details are what ever I know. Please seek expert attorney advice. I think attorney knows better based on our situation.
rajeshalex
08-04 05:36 PM
Originally Filed at TSC Jul 07. EB2
XFRD to NSC in Nov 07
No LUD for an year.
XFRD to NSC in Nov 07
No LUD for an year.
ultimo
09-30 06:09 PM
none knows the answer when u will get GC . Even uscis doesnt know .
hope they will use the full number this fiscal year
hope they will use the full number this fiscal year
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