PD_Dec2002
06-02 08:35 PM
My interpretation of:
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 and [I]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.
IMHO, the terms "pending" and "approved" are applicable only to I-140's filed before the date of introduction [May 15th 2007]. This is because there is no comma between the two terms "pending, or approved". This leads to only two scenarios:
1. I-140 applied before May 15th 2007, but is still pending as of the effective date [which could be Oct 1st 2008].
2. I-140 applied before May 15th 2007, and is approved as of the effective date [which could be Oct 1st 2008].
Only the two scenarios above are eligible to continue/file under the old system.
Thanks,
Jayant
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 and [I]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.
IMHO, the terms "pending" and "approved" are applicable only to I-140's filed before the date of introduction [May 15th 2007]. This is because there is no comma between the two terms "pending, or approved". This leads to only two scenarios:
1. I-140 applied before May 15th 2007, but is still pending as of the effective date [which could be Oct 1st 2008].
2. I-140 applied before May 15th 2007, and is approved as of the effective date [which could be Oct 1st 2008].
Only the two scenarios above are eligible to continue/file under the old system.
Thanks,
Jayant
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immi_enthu
09-28 06:36 PM
Oh Law Firm Update :
09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007
Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.
09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007
Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.
Alien
03-13 12:57 AM
How does that work? There is no law or process to connect an abandoned labor. I had approved labor with a PD of 1999 that got lost when I switched companies. But no one seems to be connecting that to me.
I said I was *wondering*. Not quite a declarative sentence.
I said I was *wondering*. Not quite a declarative sentence.
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ssa
08-15 12:16 PM
I think we will see a renewed activity on IV forums in 2009. I still believe visa recapture bill like HR5882 has a good chance of getting passed. It may not get passed in this congress considering how few working days are left and presidential elections in November. But in 2009 the bill should gain new momentum with new congress and new president in office.
Also, by that time EB2 dates will be again retrogressed and those impatiently waiting for their approvals today will be back to support new action items. Please don't take this as spiteful wish against EB2, I'm EB2 myself! Just that I don't think everyone who is current now will get their GC before October 2008. For once I would be overjoyed if I'm wrong on this one :)
True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.
We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.
What are your thoughts?
Also, by that time EB2 dates will be again retrogressed and those impatiently waiting for their approvals today will be back to support new action items. Please don't take this as spiteful wish against EB2, I'm EB2 myself! Just that I don't think everyone who is current now will get their GC before October 2008. For once I would be overjoyed if I'm wrong on this one :)
True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.
We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.
What are your thoughts?
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newbee7
07-05 11:23 PM
Thank you, Saimrathi!
newbee7
07-05 11:23 PM
Don't have her email. But she can be reached by the sending her a msg via:
http://topics.nytimes.com/top/reference/timestopics/people/p/julia_preston/index.html?inline=nyt-per
http://topics.nytimes.com/top/reference/timestopics/people/p/julia_preston/index.html?inline=nyt-per
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anilsal
03-06 08:43 AM
Me and my wife's 485s had LUDS on 2/18, 2/19 and 2/20. But no status change, and we know for sure we should be getting atleast one RFE. When we applied in July 07 we could not include my Wife's medical/vaccination reports with the application, but no RFE for that yet.
Usually an RFE or FP notice should arrive within 4-8 days after generation. There is no guarantee that the LUD change means anything until you see the notice in your hand.
Usually an RFE or FP notice should arrive within 4-8 days after generation. There is no guarantee that the LUD change means anything until you see the notice in your hand.
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softcrowd
01-06 12:00 PM
I studied in IIT (B.Tech), got M.S. and Ph.D. from here and now a professor. My observations/opinions are as follows:
2. ....The rest are just crappy. And I know how crappy can they be from my experience. I have the misfortune of teaching 100's of students who come here with an Anna University (or Osmania) B.Tech./B.E. degree in engineering, and knows absolutely nothing. And I am not exaggerating: they cannot write an elementary program in any language (apparently they learn something called "theoretical" computer programming in which they do not actually learn to program); does not know any mathematics (most cannot integrate x*exp(x); one student could not tell me what is f(0.7) by looking at a graph of x vs. f(x)) and cannot operate simple lab equipments. It is just unbelievable! Anyway, moving on.
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.
2. ....The rest are just crappy. And I know how crappy can they be from my experience. I have the misfortune of teaching 100's of students who come here with an Anna University (or Osmania) B.Tech./B.E. degree in engineering, and knows absolutely nothing. And I am not exaggerating: they cannot write an elementary program in any language (apparently they learn something called "theoretical" computer programming in which they do not actually learn to program); does not know any mathematics (most cannot integrate x*exp(x); one student could not tell me what is f(0.7) by looking at a graph of x vs. f(x)) and cannot operate simple lab equipments. It is just unbelievable! Anyway, moving on.
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.
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chanduv23
06-10 09:35 AM
Come on folks, lets burn those phone lines.
Try try try till you succeed
Try try try till you succeed
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docp
04-30 02:44 PM
anything with window media player
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nogc12
07-19 12:42 AM
Signed up mothly contribution from july.
Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.
Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.
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gc28262
03-12 03:12 PM
................................................
.................................................. ..................................
Core team may not like this but I can understand your point. There is a communication gap between IV Core team and members. Core team wants to hide everything they are doing assuming that anti are reading the forum and they will know what we are doing. On other side members feel uncomfortable as nothing comes out as solid / strong plan of action. There were couple of instances were I personally felt that core talks too much among themselves and release almost zero information to members, it may be good for community overall but not good for an organization where everyone is participating directly or indirectly. By recent posts by Pappu, I think they are improving.
We need to give them a chance as anyways their act is selfless. They may be lagging in personal management but they are not bad by heart or doing anything for personal benefit.
With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.
.................................................. ..................................
Core team may not like this but I can understand your point. There is a communication gap between IV Core team and members. Core team wants to hide everything they are doing assuming that anti are reading the forum and they will know what we are doing. On other side members feel uncomfortable as nothing comes out as solid / strong plan of action. There were couple of instances were I personally felt that core talks too much among themselves and release almost zero information to members, it may be good for community overall but not good for an organization where everyone is participating directly or indirectly. By recent posts by Pappu, I think they are improving.
We need to give them a chance as anyways their act is selfless. They may be lagging in personal management but they are not bad by heart or doing anything for personal benefit.
With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.
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psaxena
08-12 01:21 PM
Pappu, I agree what you are saying. But the bigger issue here is the awareness.. I talk to so many friends and friend's friend. The only thing that I find is they are not aware of IV or its effort.
Lack of awareness is another issue for IV community to form a lobby group like others.
IV has too many contacts in the media, would that not be a great idea to leverage them to advertise at prime time on Indian channels , or just the google ads on Dishnetwork screen for cheap or work out something.
Just to get the people an awareness of what IV is and get them a feeling that its BIG enough to help them. Support some candidates in the election, just to get the name floating. Leave aside the American, Indians or chinese(mostly the legal immigrants) I sometime work with don't know anything about IV. I go to SFO meet my parents almost every month and my brother's circle (all citizens) have no idea of what I am talking about. All they know there was problem is Labor clearance in their time which is no more now.
What is IV , who is IV........ no idea at all. NADA.
A planned campaign to make th awareness can help our cause.
Just my 1 cent.
To answer your question: Indian companies in India or Indian politicians complaining will not do much impact. After passing this bill politicians will cosy up and say good things to rebuild relations. The real impact can happen if Indians in New York state who can vote stand up against such laws. Same goes for the Desi companies who have tried to raise the voice against USCIS memo. They lack grassroots advocacy and support. Their Indian US citizen friends are busy organizing Diwali melas and Shahrukh Khan stage shows. Immigration voice can be extremely successful if politicians see us as an immigrant lobby. Just like they see Jewish lobby or Hispanic lobby. This is why participation of IV greencard members and citizen friends is important to advocate for changes that helps the immigrant community. I this case too, IV community should not turn a blind eye to what happens around us. Just because we do not work for such companies or we already have EAD does not mean we do not see beyond the headline of this issue. We spend more time analyzing , over analyzing, predicting and tracking rather than actively understanding the politics of issues that are causing all the problems we are facing. To some extent this law passed because Indians in USA did not care due to their narrow outlook and priorities in politics.
Lack of awareness is another issue for IV community to form a lobby group like others.
IV has too many contacts in the media, would that not be a great idea to leverage them to advertise at prime time on Indian channels , or just the google ads on Dishnetwork screen for cheap or work out something.
Just to get the people an awareness of what IV is and get them a feeling that its BIG enough to help them. Support some candidates in the election, just to get the name floating. Leave aside the American, Indians or chinese(mostly the legal immigrants) I sometime work with don't know anything about IV. I go to SFO meet my parents almost every month and my brother's circle (all citizens) have no idea of what I am talking about. All they know there was problem is Labor clearance in their time which is no more now.
What is IV , who is IV........ no idea at all. NADA.
A planned campaign to make th awareness can help our cause.
Just my 1 cent.
To answer your question: Indian companies in India or Indian politicians complaining will not do much impact. After passing this bill politicians will cosy up and say good things to rebuild relations. The real impact can happen if Indians in New York state who can vote stand up against such laws. Same goes for the Desi companies who have tried to raise the voice against USCIS memo. They lack grassroots advocacy and support. Their Indian US citizen friends are busy organizing Diwali melas and Shahrukh Khan stage shows. Immigration voice can be extremely successful if politicians see us as an immigrant lobby. Just like they see Jewish lobby or Hispanic lobby. This is why participation of IV greencard members and citizen friends is important to advocate for changes that helps the immigrant community. I this case too, IV community should not turn a blind eye to what happens around us. Just because we do not work for such companies or we already have EAD does not mean we do not see beyond the headline of this issue. We spend more time analyzing , over analyzing, predicting and tracking rather than actively understanding the politics of issues that are causing all the problems we are facing. To some extent this law passed because Indians in USA did not care due to their narrow outlook and priorities in politics.
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pbojja
09-11 04:38 PM
Lets set the delivery date for Ocotober 2nd - Gandhi Jayanthi . I think thats the great day to express our opinion.
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user1205
09-10 11:24 AM
Sent 5 minutes ago (google #904443494726037). I'll be calling people to ask for support in the next couple of days and hopefully we'll get closer to the 30k.
Go IV, so sorry I can't make it to DC.
Go IV, so sorry I can't make it to DC.
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trailblazer
07-21 03:45 PM
Joined IV recently. i am in Ventura county
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mango_man
06-11 04:53 PM
Anybody wants Indian mangoes?
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hz_florida
01-14 08:53 PM
I haven't received 45 days letter yet, still waiting for it in patience. My information is below.
Priority Day: July, 2003
Altanta DOL RD: Jan. 2004
Category: RIR, EB3
45 day letter: not yet
State: Florida
ETA case #: T-05012-xxxxx
Priority Day: July, 2003
Altanta DOL RD: Jan. 2004
Category: RIR, EB3
45 day letter: not yet
State: Florida
ETA case #: T-05012-xxxxx
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glus
07-05 12:48 PM
I Just Faxed Dc Offices Of The Following Senators With My Personal Letter:
Clinton Fax: 202-228-0282
Cantwell Fax: 202-228-0514
Schumer Fax: 202-228-3027
Kennedy Fax: 202-224-2417
Cornyn Fax: 202-228-2856
Clinton Fax: 202-228-0282
Cantwell Fax: 202-228-0514
Schumer Fax: 202-228-3027
Kennedy Fax: 202-224-2417
Cornyn Fax: 202-228-2856
hypersphere
01-03 05:25 PM
I am going back, but GC is only to keep the door open incase I have difficulty in india and decide to return back to US. In mean time, I will switch jobs on my H1B extensions. ..
vayumahesh
11-16 08:33 AM
It is a letter by your I-485 attorney to USCIS mentioning your pending I-485 application (receipt numbers, filed where, including everyone part of the application), about your company securing I-140 approval under EB2 category for you and requesting to interfile this I-140 with pending I-485 and approval based on case is being current now (mentioning priority date). Copy of the I-140 approval notice (EB2) should be attached.
Some attorneys do attach I-485 receipt copies too. Also, your attorney may ask you to sign on the G-28 form that he/she is representing your case.
Some attorneys do attach I-485 receipt copies too. Also, your attorney may ask you to sign on the G-28 form that he/she is representing your case.
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