legalVoice
06-03 12:06 PM
Canadian_Dream, I think your interpretation is wrong..
------------------------------------------------------------------------
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 think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
Well this is very confusing.
What if a person files the I-140 after May 15th and his/her I-140 is approved. Later assume that I-485 date becomes current for that particular person (before Oct 2008), he/she files for the AOS/I-485 (before Oct 2008). While the I-485 petition is pending the date Oct 2008 comes what happens then? Will this nulify the filed I-140?
Thanks
------------------------------------------------------------------------
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 think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
Well this is very confusing.
What if a person files the I-140 after May 15th and his/her I-140 is approved. Later assume that I-485 date becomes current for that particular person (before Oct 2008), he/she files for the AOS/I-485 (before Oct 2008). While the I-485 petition is pending the date Oct 2008 comes what happens then? Will this nulify the filed I-140?
Thanks
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raysaikat
01-06 04:11 PM
I am not sure why people jump onto drawing conclusions so fast...look at the above post from a so called professor....he encountered a couple of a folks from some universities & concludes that those universities are just crappy....!! Many of my colleagues are from the professors' "oh-so-good" list of IITs/univs and they are no better!! (In fact, some of them suck so bad)!!
raysaikat - Do you really think any student from the above crappy-univs could not tell what is f(0.7) by looking at the graph?? Do you really think those univs (anna/osm...) are so bad? Now another question for you prof....how come are you working in a university that's giving admissions to such a bunch of crappy folks...!!?? Given this fact, can we also safely assume that the university you are teaching-in is a Crappy one, which could only attract the bottom pile from your above list of crappy-universities??
PS: Sorry for digressing from the main topic of the thread.
I do not particularly disagree with either points. AFAIK, there are many colleges under the Anna University (i.e., students from all colleges get the same degree); some of them might teach properly and students may learn something. But the point of illustration was that there got to be some serious problems with those degrees if a significant number of students are getting that degree without actually learning/knowing anything. I never made a statement that *every* Anna/Osmania Univ. student is bad. My statement is that I have witnessed a large number of singularly bad students with degrees from those Universities. Those students may well be at the bottom pile. The point is that even a bottom level student who get an engineering degree must know better than those students: otherwise they should not be given the degrees. There are not-so-good people in IITs (B.Tech) as well; I know a few personally. But even they are way better than the students I have encountered. Let me know if you have met some B.Tech (and not M.Tech) from IIT who cannot write a 'hello world' in C; I am very curious.
I also do not disagree with your second comment. But that clearly illustrates the point that Wadhwa stated; there is a severe shortage of jobs that *require* a Ph.D. It is plain impossible to get a faculty position in a reasonable school in CS/EE, in particular, in computer networking. There are just no jobs. Note that my track record is quite good: Ph.D. from a good school (although not in the top ten) with a good publication list (a reasonable number of papers; all in good journals/conferences like Transaction on Networking; JSAC; INFOCOM, etc.; most of them cited many times) and a post-doc from an Ivy league school. At present, other than Biomedical Engineering and related fields, faculty positions are very scarce. And hopefully you understand that you cannot "change fields" like a computer programmer since in academia you need to have a research record of 4-5 years in the new field before you can change to it. I wanted to be in academia and struck this trade-off of accepting a position in a not-so-good school.
raysaikat - Do you really think any student from the above crappy-univs could not tell what is f(0.7) by looking at the graph?? Do you really think those univs (anna/osm...) are so bad? Now another question for you prof....how come are you working in a university that's giving admissions to such a bunch of crappy folks...!!?? Given this fact, can we also safely assume that the university you are teaching-in is a Crappy one, which could only attract the bottom pile from your above list of crappy-universities??
PS: Sorry for digressing from the main topic of the thread.
I do not particularly disagree with either points. AFAIK, there are many colleges under the Anna University (i.e., students from all colleges get the same degree); some of them might teach properly and students may learn something. But the point of illustration was that there got to be some serious problems with those degrees if a significant number of students are getting that degree without actually learning/knowing anything. I never made a statement that *every* Anna/Osmania Univ. student is bad. My statement is that I have witnessed a large number of singularly bad students with degrees from those Universities. Those students may well be at the bottom pile. The point is that even a bottom level student who get an engineering degree must know better than those students: otherwise they should not be given the degrees. There are not-so-good people in IITs (B.Tech) as well; I know a few personally. But even they are way better than the students I have encountered. Let me know if you have met some B.Tech (and not M.Tech) from IIT who cannot write a 'hello world' in C; I am very curious.
I also do not disagree with your second comment. But that clearly illustrates the point that Wadhwa stated; there is a severe shortage of jobs that *require* a Ph.D. It is plain impossible to get a faculty position in a reasonable school in CS/EE, in particular, in computer networking. There are just no jobs. Note that my track record is quite good: Ph.D. from a good school (although not in the top ten) with a good publication list (a reasonable number of papers; all in good journals/conferences like Transaction on Networking; JSAC; INFOCOM, etc.; most of them cited many times) and a post-doc from an Ivy league school. At present, other than Biomedical Engineering and related fields, faculty positions are very scarce. And hopefully you understand that you cannot "change fields" like a computer programmer since in academia you need to have a research record of 4-5 years in the new field before you can change to it. I wanted to be in academia and struck this trade-off of accepting a position in a not-so-good school.
chanduv23
05-15 09:52 PM
Looks like the effect of congressional office. I have soft LUDs on my I-485 and second MTR on 05/15/2009
Well, there you go. I am sure your congress liason will give you some good news next week.
Well, there you go. I am sure your congress liason will give you some good news next week.
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07-14 03:19 PM
To: IV
Amount: $ 10.00
Payment Date: July 15, 2008
Reference Number: 10011
Amount: $ 10.00
Payment Date: July 15, 2008
Reference Number: 10011
more...
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
JazzByTheBay
03-12 04:05 PM
Is more or less what I've been vouching for in the past.
You pay the dues, you get benefits.
Just like any other organization, since charitable donations are not enough to sustain an organization where the end-goal isn't really charity, imho.
As far as code and prod is concerned, IV itself is not PROD as an organization just yet. We're a loosely-knit community of folks who want to work towards a common goal for out own benefit.
If 25,000 or whatever number we're at pay/contribute/donate (whatever you want to call it) 20/50/100 $/year for "membership", we'll have a better shot at going "PROD", sustaining the infrastructure and the spirit.. and perhaps achieve our goals, imo again. :)
jazz
This is how You release code to PROD? no user testing at all?
and the entire paid thing is the beginning of the end. not good.
why didnt we even have a poll on this? crazy crazy idea.
You pay the dues, you get benefits.
Just like any other organization, since charitable donations are not enough to sustain an organization where the end-goal isn't really charity, imho.
As far as code and prod is concerned, IV itself is not PROD as an organization just yet. We're a loosely-knit community of folks who want to work towards a common goal for out own benefit.
If 25,000 or whatever number we're at pay/contribute/donate (whatever you want to call it) 20/50/100 $/year for "membership", we'll have a better shot at going "PROD", sustaining the infrastructure and the spirit.. and perhaps achieve our goals, imo again. :)
jazz
This is how You release code to PROD? no user testing at all?
and the entire paid thing is the beginning of the end. not good.
why didnt we even have a poll on this? crazy crazy idea.
more...
aristotle
07-21 03:33 AM
I agree with you the perfect solution is to remove the country cap, but we dont live in a perfect world. What I am saying is that all 4 items "together" should be a minimum. I agree if the country cap is increased to 10% with everything else being the same, it makes NO difference.
In general, anything "unlimited" (read cap exempt) seems to be a NO-NO with the conservatives.
are u kidding? raise country cap to 10%!!!!!!!!!
only solution is get rid of the country cap. Before anybody from ROW goes into a lecture about "diversity" blah blah blah please think with a rational mind. Getting rid of country quota is the only solution. things like increasing it to 10% etc will only reduce the backlog time for Indian applicants from 25 years to maybe 18 years.
In general, anything "unlimited" (read cap exempt) seems to be a NO-NO with the conservatives.
are u kidding? raise country cap to 10%!!!!!!!!!
only solution is get rid of the country cap. Before anybody from ROW goes into a lecture about "diversity" blah blah blah please think with a rational mind. Getting rid of country quota is the only solution. things like increasing it to 10% etc will only reduce the backlog time for Indian applicants from 25 years to maybe 18 years.
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snathan
08-24 01:51 PM
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
First be clear whats your point and then enlighten us how this supports it
Please let me know how this so called multinational executives are getting compensated. Whats the stock/option given to these executives. The available information shows only three days of extended stay and one week of car which they need to share with other executives. Fortunately the extended stay suites come with attached rest room. Otherwise they need to share with other multinational executives. There would be long queue in front of the shared room and eventual back log...
Yeap...we are very envious about this. Let it be.
I am least bothered about how/what they are paying to their executives. when they are exploiting the system, its you and me are the one getting affacted. Otherwise these would have trickled down as spillover.
I am not going to post anything on this any more and feeding the troll.
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
First be clear whats your point and then enlighten us how this supports it
Please let me know how this so called multinational executives are getting compensated. Whats the stock/option given to these executives. The available information shows only three days of extended stay and one week of car which they need to share with other executives. Fortunately the extended stay suites come with attached rest room. Otherwise they need to share with other multinational executives. There would be long queue in front of the shared room and eventual back log...
Yeap...we are very envious about this. Let it be.
I am least bothered about how/what they are paying to their executives. when they are exploiting the system, its you and me are the one getting affacted. Otherwise these would have trickled down as spillover.
I am not going to post anything on this any more and feeding the troll.
more...
gchopes
12-12 05:10 PM
the visa bulletin song for EB2/3 I...yeh jo des hai tera..pardes hain tera...
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andy007
07-18 04:32 PM
You will be able to see your actual RD in the reciept notice...Donot worry..
Can you please specify which numbe do we need to call & and what we need to enter (PD, I140, bla bla) to get the Receipt Date.......
Thanks
Can you please specify which numbe do we need to call & and what we need to enter (PD, I140, bla bla) to get the Receipt Date.......
Thanks
more...
hazishak
07-18 07:19 PM
What if out of all 10000 , 9999 don't have priority date current.Do you think they will still not look at the 1 in the pile which has a current PD.They will look at it , Even if it is number 10000 in the list.Actually there will be no pile because 9999 people won't even be in contention.
Why do you think labour substitution was so HOT?Just because by getting an earlier PD , you were going to steam roll everybody who filed before you , just because you got an earlier PD..
PD has to be current in order to get the RD advantage.
Why do you think labour substitution was so HOT?Just because by getting an earlier PD , you were going to steam roll everybody who filed before you , just because you got an earlier PD..
PD has to be current in order to get the RD advantage.
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dhirajs98
07-14 09:08 PM
My contribution: $20.00
It was easy ... not a big deal guys ... go ahead .. contribute :)
It was easy ... not a big deal guys ... go ahead .. contribute :)
more...
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beppenyc
03-08 02:10 PM
He has asked the absent senators via staffers that if they do not want to come to hearings, they can leave this committee and let others take their place. Apparently they need atleast one democrat to proceed.
He is waiting for atleast one more senator to turn up before 3.15 pm else hearing will be adjourned
Senator Cornyn is offering a new amendment now (#6107 ) illegal aliens convicted in felony cannot file for petition for spouse...again this is not related to us
:mad:
He is waiting for atleast one more senator to turn up before 3.15 pm else hearing will be adjourned
Senator Cornyn is offering a new amendment now (#6107 ) illegal aliens convicted in felony cannot file for petition for spouse...again this is not related to us
:mad:
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HV000
09-28 11:50 PM
Is it possible to send a letter to SEN.CORNYN AND REP.LOFGREN demanding USCIS to release BACKLOG NUMBERS upto date and NUMBER OF VISAS used up for 2007 year??
more...
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yabadaba
08-02 09:28 PM
Immigration - Are we there yet?
All of us have been stuck at the DMV for hours together, trying to renew our licenses, trying to change our address or for getting married and updating our last name. Now imagine being stuck there for years together, waiting and hoping the line moves forward. This is what constitutes "being in line" for an immigration petition today. The end result is the same. You get a plastic card of limited validity, you are fingerprinted and you have your picture displayed. Only this is what is called a "green card."
For all the restrictionists out there who think immigrants are taking their jobs, stealing their women and running off with their TVs, we are just like you. Today, I own a home, am part of my homeowners association, participate in the summer block party and try to ensure that my job is not off-shored. We don’t have horns on our heads that makes us stand out from the rest of you. I don’t get paid less nor has a single American lost his job since I was hired. In fact we have grown from a department of 5 people to almost 20,with me being the only immigrant. There are thousands of people like me who have played by the rules, have come here legally and now are being subjected to the quagmire of antiquated immigration policies that make us rethink the American dream. Do you, my neighbor, want us here?
Today I received a letter from my congressman in response to a webfax asking him to support legislation for granting relief to people affected by retrogression. Retrogression for the uninitiated is the freeze on immigrant visa numbers because of an outdated immigration system. Mind you, for all the people who jump up and say "no to h1-b," this is nothing to do with a worker visa. I have already been certified by the Department of Labor and the United States Citizenship and Immigration Service, as an "alien with advanced degree or exceptional ability." This webfax only asked for his support for legislation that would allow the immigration policies to be updated to today's requirements.
However, my Congressman does not understand that nuance. The letter I received from him talked about my support for H1B/L1 worker visas, which I had not mentioned in my webfax. If our lawmakers do not understand the difference, how do we make our American neighbors understand this complex issue.
Immigration is a complex issue. It cannot be dealt with Lou Dobbs blaming the immigrants for all the middle class woes; it cannot be dealt with congressmen screaming no amnesty. It is a complex issue of thousands of laws, forms, advertisements and petitions. If it were not a complex issue then there would be no such thing as an immigration lawyer. Countries like Canada and Australia do not require immigration lawyers and the process is straightforward. So then naturally the question comes back of why am I still here. The reason for that is I still believe in the spirit of America. I believe in the American dream. I believe that things will work out. I believe that sanity will prevail. I believe that although I missed the boat half a century ago, I am here now and I am welcome.
Yabadaba
IV member.
All of us have been stuck at the DMV for hours together, trying to renew our licenses, trying to change our address or for getting married and updating our last name. Now imagine being stuck there for years together, waiting and hoping the line moves forward. This is what constitutes "being in line" for an immigration petition today. The end result is the same. You get a plastic card of limited validity, you are fingerprinted and you have your picture displayed. Only this is what is called a "green card."
For all the restrictionists out there who think immigrants are taking their jobs, stealing their women and running off with their TVs, we are just like you. Today, I own a home, am part of my homeowners association, participate in the summer block party and try to ensure that my job is not off-shored. We don’t have horns on our heads that makes us stand out from the rest of you. I don’t get paid less nor has a single American lost his job since I was hired. In fact we have grown from a department of 5 people to almost 20,with me being the only immigrant. There are thousands of people like me who have played by the rules, have come here legally and now are being subjected to the quagmire of antiquated immigration policies that make us rethink the American dream. Do you, my neighbor, want us here?
Today I received a letter from my congressman in response to a webfax asking him to support legislation for granting relief to people affected by retrogression. Retrogression for the uninitiated is the freeze on immigrant visa numbers because of an outdated immigration system. Mind you, for all the people who jump up and say "no to h1-b," this is nothing to do with a worker visa. I have already been certified by the Department of Labor and the United States Citizenship and Immigration Service, as an "alien with advanced degree or exceptional ability." This webfax only asked for his support for legislation that would allow the immigration policies to be updated to today's requirements.
However, my Congressman does not understand that nuance. The letter I received from him talked about my support for H1B/L1 worker visas, which I had not mentioned in my webfax. If our lawmakers do not understand the difference, how do we make our American neighbors understand this complex issue.
Immigration is a complex issue. It cannot be dealt with Lou Dobbs blaming the immigrants for all the middle class woes; it cannot be dealt with congressmen screaming no amnesty. It is a complex issue of thousands of laws, forms, advertisements and petitions. If it were not a complex issue then there would be no such thing as an immigration lawyer. Countries like Canada and Australia do not require immigration lawyers and the process is straightforward. So then naturally the question comes back of why am I still here. The reason for that is I still believe in the spirit of America. I believe in the American dream. I believe that things will work out. I believe that sanity will prevail. I believe that although I missed the boat half a century ago, I am here now and I am welcome.
Yabadaba
IV member.
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wandmaker
07-11 12:18 PM
can they even withdraw 140 after more then a year now?
employer can withdraw the 140 any time before the approval of 485 - there is no time limit.
employer can withdraw the 140 any time before the approval of 485 - there is no time limit.
more...
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desi3933
07-06 11:06 AM
.
>> Although 30,000 people are IV members
Update:
18,344 members have zero post.
21,807 members have zero or 1 post.
27,370 members have zero to 10 posts.
That should give an idea how many members are really "active" on IV.
>> Although 30,000 people are IV members
Update:
18,344 members have zero post.
21,807 members have zero or 1 post.
27,370 members have zero to 10 posts.
That should give an idea how many members are really "active" on IV.
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eb3_nepa
07-05 10:44 AM
Excellent Job GLUS
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ramus
07-06 01:03 PM
More then 1300 users online now.. As always guests are more then members..
Can guests become member now and help us with action items.
Can guests become member now and help us with action items.
shana04
09-25 09:28 AM
All the info here is great !!
Pardon my ingnorance, but if I wanted to start a small time business where I do website development and designing either myself or by a company outside US, do I need to file as an LLC or can I register as a small business. Can someone tell me where I might get details for registering a company (Or is that same as LLC).
I was thinking I will not get EAD earlier than 6 months and I got it in less than 6 weeks....so now am doing some basic ground work and would appreciate any guidance !!
Thanks in advance.
Congrats on getting your GC (EAD)
Pardon my ingnorance, but if I wanted to start a small time business where I do website development and designing either myself or by a company outside US, do I need to file as an LLC or can I register as a small business. Can someone tell me where I might get details for registering a company (Or is that same as LLC).
I was thinking I will not get EAD earlier than 6 months and I got it in less than 6 weeks....so now am doing some basic ground work and would appreciate any guidance !!
Thanks in advance.
Congrats on getting your GC (EAD)
nyte_crawler
04-25 01:06 PM
It's hard to believe that folks dont know anything about the Green-Card process when they come in. Let us say that you are right on, but they would have eventually figured it out by the end of couple years. I believe it is the situations like layoffs, move from one company to other for better prospects and salary will make them to enter the process late. It is their personal choice and I don't question that. But I believe they had options to apply for GC early in the process and they did not. So why penalize others who did before them. Please don't think Iam saying this because I entered late. I came during early 1998 and I did wait for 4 years to apply.
Many of the H1B's are so involved in their work , they really donot follow their green card procedure and pressure their employers for better deal on filing their papers even when they have the chance.
New H1B's coming into the country should be given some guidance on the permanent residency process so that they donot end up like many of us in the forum waiting for years to get their residency.
Many of the H1B's are so involved in their work , they really donot follow their green card procedure and pressure their employers for better deal on filing their papers even when they have the chance.
New H1B's coming into the country should be given some guidance on the permanent residency process so that they donot end up like many of us in the forum waiting for years to get their residency.
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