kondur_007
03-17 05:44 PM
Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
Switch to O1 visa. This will give you 3 years at a time. This can even be done as Premium processing.
If you applied for EB1A, it is the same application that goes for O visa, chances of approval with your credentials are > 95%; do this with a good attorney. In worst case scenario, even if it is rejected, you will loose nothing. (does not affect your current H1).
Then work again on EB1A application and reapply; you probably will get it approved second time around. This time, do not apply concurrent though; I have heard of more RFEs and denials with concurrent applications or premium EB1 applications; just a thought (dont have any proof for this)
Good Luck.
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
Switch to O1 visa. This will give you 3 years at a time. This can even be done as Premium processing.
If you applied for EB1A, it is the same application that goes for O visa, chances of approval with your credentials are > 95%; do this with a good attorney. In worst case scenario, even if it is rejected, you will loose nothing. (does not affect your current H1).
Then work again on EB1A application and reapply; you probably will get it approved second time around. This time, do not apply concurrent though; I have heard of more RFEs and denials with concurrent applications or premium EB1 applications; just a thought (dont have any proof for this)
Good Luck.
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EternityInLimbo
05-02 09:55 PM
Well, i feel its more of a Policy decision.If they really want to do something fast they will do it anyhow.The best example is how this woman from canada i guess,who got US citizenship in 2 days,yes its right '2 days' so she can represent US in the ongoing Winter Olympics at Turin.
Even CA state used to abjudicate Labor cases in 1 Months Time back until 2000.Later on 0 approval cases from then on.Surprising??
Absolutely it's a policy decision: not only in terms of prioritization of activities but in terms of resource allocation. DOL insists they have enough resources to meet their goals. They have to report how well they're doing on their annual federal scorecard, and if they set their objectives low enough, they get an "A"... that is, if activities serving non-voters were even being tracked as one of their objectives.
One of the clerks at my immigrations law firm said the word was, DOL was prioritizing getting cases into the Permanent Backlog System, as opposed to allocating staff/resources into completing reviews. Don't know if this is old news posted elsewhere or consistent with what others have heard, but if this is the case, it would explain why approvals have been few and far between.
Even CA state used to abjudicate Labor cases in 1 Months Time back until 2000.Later on 0 approval cases from then on.Surprising??
Absolutely it's a policy decision: not only in terms of prioritization of activities but in terms of resource allocation. DOL insists they have enough resources to meet their goals. They have to report how well they're doing on their annual federal scorecard, and if they set their objectives low enough, they get an "A"... that is, if activities serving non-voters were even being tracked as one of their objectives.
One of the clerks at my immigrations law firm said the word was, DOL was prioritizing getting cases into the Permanent Backlog System, as opposed to allocating staff/resources into completing reviews. Don't know if this is old news posted elsewhere or consistent with what others have heard, but if this is the case, it would explain why approvals have been few and far between.
sabbygirl99
03-28 04:42 PM
:D ....an immigration lawyer (anna baker in Rajiv S Khanna's office):
Question # 1:
From me:
I am currently on a work visa (H1) and I know that I can maintain it even if I work part-time. I want to go back to school as a full time student. I just want to check that I can maintain a legal status as a part-time worker and a full-time student. What are my options?
From Anna:
According to Mr. Khanna it should not be a problem if you hold a part-time H-1 and enroll in fulltime studies while being on H-1. You should further discuss the university's requirements with the foreign student office at the school. You cannot hold both F-1 and H-1 status.
Question # 2:
From me:
I wanted to know whether going to school full time and working part time on an H1 would jeopardize my green card application. It is currently pending at the Philly Backlog Center.
From Anna:
According to Mr. Khanna it should not have an effect.
:D ....an admissions officer of one of the schools:
It is possible to study while in H-1 status, however, it usually is not the primary purpose for being in the U.S. I have had two students who have done this, one was a PhD who only had one semester of coursework before beginning the dissertation phase and has since applied for and received permanent residency. The other student was on H-1B, was getting married to a U.S. citizen and applying for permanent residency as well, so neither case would really apply to you.
I sometimes advise students against remaining in H-1 status unless there is a compelling reason to do so. If you do remain in that status you are required to still be working for your employer, which can be difficult due to the demands of the degree program here at XXXXX. XXXXX is a full-time program, so you would not be permitted to do the program on a part-time basis in order to allow for your work commitments. Also, there is a 6 year limit on H-1's. Technically, study in H-1B should be incidental to your primary purpose for being in the U.S.
Again, if you and your employer determine that you will remain in H-1B status please let me know, otherwise we must process a change of status for you to F-1 or if you are planning on leaving the U.S. during the summer, we can process and initial status I-20 for you and you will be required to apply for an F-1 visa at a U.S. Embassy/Consulate, before returning to being the program at XXXXX.
:D ....From another admissions officer. [She keeps saying the same thing no matter how many times I ask her...I'm about to ask her for a Yes/No answer as politely as I can :) ]
You can attend school on an H-1b if school is incidental to your H-1b status
Hope this helps shed some light for you.
Question # 1:
From me:
I am currently on a work visa (H1) and I know that I can maintain it even if I work part-time. I want to go back to school as a full time student. I just want to check that I can maintain a legal status as a part-time worker and a full-time student. What are my options?
From Anna:
According to Mr. Khanna it should not be a problem if you hold a part-time H-1 and enroll in fulltime studies while being on H-1. You should further discuss the university's requirements with the foreign student office at the school. You cannot hold both F-1 and H-1 status.
Question # 2:
From me:
I wanted to know whether going to school full time and working part time on an H1 would jeopardize my green card application. It is currently pending at the Philly Backlog Center.
From Anna:
According to Mr. Khanna it should not have an effect.
:D ....an admissions officer of one of the schools:
It is possible to study while in H-1 status, however, it usually is not the primary purpose for being in the U.S. I have had two students who have done this, one was a PhD who only had one semester of coursework before beginning the dissertation phase and has since applied for and received permanent residency. The other student was on H-1B, was getting married to a U.S. citizen and applying for permanent residency as well, so neither case would really apply to you.
I sometimes advise students against remaining in H-1 status unless there is a compelling reason to do so. If you do remain in that status you are required to still be working for your employer, which can be difficult due to the demands of the degree program here at XXXXX. XXXXX is a full-time program, so you would not be permitted to do the program on a part-time basis in order to allow for your work commitments. Also, there is a 6 year limit on H-1's. Technically, study in H-1B should be incidental to your primary purpose for being in the U.S.
Again, if you and your employer determine that you will remain in H-1B status please let me know, otherwise we must process a change of status for you to F-1 or if you are planning on leaving the U.S. during the summer, we can process and initial status I-20 for you and you will be required to apply for an F-1 visa at a U.S. Embassy/Consulate, before returning to being the program at XXXXX.
:D ....From another admissions officer. [She keeps saying the same thing no matter how many times I ask her...I'm about to ask her for a Yes/No answer as politely as I can :) ]
You can attend school on an H-1b if school is incidental to your H-1b status
Hope this helps shed some light for you.
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santa123
01-26 12:46 AM
/\/\/\
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apb
09-14 08:52 PM
Just got approval emails for both me and my spouse.
Did you see any LUD prior to this email?
Did you see any LUD prior to this email?
singhsa3
08-14 10:52 PM
Employment Based (EB) Green Card (GC) Laws
• The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
• Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
• As per USCIS Ombudsman report
o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
• There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
• So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
• FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
• EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
• The laws need to be changed and the process improved to fix the situation.
What does it mean?
• There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
• Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
• Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
o You will have to stop working, if your EAD is not renewed in time.
o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
• You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
• If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
Immigration Voice (IV) Executive and Legislative Efforts
• Lobbying is an efficient tool to influence law and rule making.
• IV was very active in lobbying for CIR 2006, which was passed in senate.
• IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
• Due to upcoming presidential elections, next congress session in October’07 may be our only window of opportunity for several years to influence the lawmakers.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc
• The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
• Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
• As per USCIS Ombudsman report
o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
• There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
• So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
• FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
• EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
• The laws need to be changed and the process improved to fix the situation.
What does it mean?
• There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
• Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
• Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
o You will have to stop working, if your EAD is not renewed in time.
o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
• You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
• If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
Immigration Voice (IV) Executive and Legislative Efforts
• Lobbying is an efficient tool to influence law and rule making.
• IV was very active in lobbying for CIR 2006, which was passed in senate.
• IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
• Due to upcoming presidential elections, next congress session in October’07 may be our only window of opportunity for several years to influence the lawmakers.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc
more...
TeddyKoochu
04-22 03:47 PM
Congratulations HBK, what a relief to hear the good news on your case, I am in the same situation and started collecting papers to apply on normal processing will update all of you how it goes. same Vermont ..I am applying.
Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.
May GOD Bless all.
USCIS Policy Memo site link below see for yourself.
USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)
I think you are right, hopefully its going to be a matter of time. What a great relief.
Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.
May GOD Bless all.
USCIS Policy Memo site link below see for yourself.
USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)
I think you are right, hopefully its going to be a matter of time. What a great relief.
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HRPRO
02-21 09:51 AM
Jagan,
If you go in person, the Consular Officer addresses most issues in the afternoon. You could ask for a meeting with him and explain your situation.
I think this will be the easiest resolution.
Hope you get your passport soon.
If you go in person, the Consular Officer addresses most issues in the afternoon. You could ask for a meeting with him and explain your situation.
I think this will be the easiest resolution.
Hope you get your passport soon.
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gbof
07-31 10:02 AM
aa jaa tuj koo pukaraeee tera meeet re...oo meare dil bar...........abb tou aa jaa...ab tou aa ja
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logiclife
02-01 06:40 PM
It doesnt matter who the President is, on issues of legal skilled immigration.
Immigration reform, like any other big reform, needs changes in laws, which needs initiations and actions from CONGRESS.
In Congress, we have a presistent problem of a filibustering senate.
What we need in 2008 elections is the kind of senators who oppose us to lose elections and pro-immigration senators to win elections. Not only that, if one party gets over 55-57 senators, then filibuster threat is mitigated severly, because its easy to find 3-4 senators from minority party to break ranks and vote FOR a particular bill or amendment.
So what you need is a heavily tilted senate that has over 55 senators of just one party so that they can overcome filibuster and legislate big fixes for a change rather than naming post-offices and passing budgets.
The senate has 100 seats, with each senator facing election every 6 years. So each election cycle (every 2 years) there are one third of senators facing re-election.
This time, there are 34 senators facing re-election. Out of this 22 are Republicans and 12 are Democrats. Republicans have more seats to defend then Democrats. Plus about 4-5 Republicans are retiring so its easier to pick up those seats for Democrats than to beat a sitting senator.
If a Democratic tide takes place, then senate could tilt heavily Democratic in 2008 and would take care of filibuster issue where each measure needs 60 votes to pass. Nonetheless, you have to remember that Democrats or Republicans are easily divided when legislating immigration and it has a way of dividing parties like no other. Last year, Immigration CIR bill faced opposition from both sides - Republican and Democratic.
THIS IS NOT AN ENDORSEMENT OR SUPPORT OF ANY KIND FOR ANY PARTY OR CANDIDATE. IV is NEUTRAL AND IT ALWAYS HAS BEEN.
Immigration reform, like any other big reform, needs changes in laws, which needs initiations and actions from CONGRESS.
In Congress, we have a presistent problem of a filibustering senate.
What we need in 2008 elections is the kind of senators who oppose us to lose elections and pro-immigration senators to win elections. Not only that, if one party gets over 55-57 senators, then filibuster threat is mitigated severly, because its easy to find 3-4 senators from minority party to break ranks and vote FOR a particular bill or amendment.
So what you need is a heavily tilted senate that has over 55 senators of just one party so that they can overcome filibuster and legislate big fixes for a change rather than naming post-offices and passing budgets.
The senate has 100 seats, with each senator facing election every 6 years. So each election cycle (every 2 years) there are one third of senators facing re-election.
This time, there are 34 senators facing re-election. Out of this 22 are Republicans and 12 are Democrats. Republicans have more seats to defend then Democrats. Plus about 4-5 Republicans are retiring so its easier to pick up those seats for Democrats than to beat a sitting senator.
If a Democratic tide takes place, then senate could tilt heavily Democratic in 2008 and would take care of filibuster issue where each measure needs 60 votes to pass. Nonetheless, you have to remember that Democrats or Republicans are easily divided when legislating immigration and it has a way of dividing parties like no other. Last year, Immigration CIR bill faced opposition from both sides - Republican and Democratic.
THIS IS NOT AN ENDORSEMENT OR SUPPORT OF ANY KIND FOR ANY PARTY OR CANDIDATE. IV is NEUTRAL AND IT ALWAYS HAS BEEN.
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desi3933
03-02 10:17 AM
The answer is Yes & No. You are correct that CIS should only care of status from last entry on visa. But CIS does ask for all the documents from your first entry to US. Though you can always invoke 245(k) in case you have status issues that does not stop CIS from asking old documents
Well, please allow me make it clear. In order to request change or extension of status, the applicant must be maintaining visa status at time of the application. This is law. But status is defined from the moment one enter into the country. Whenever one enters on a visa status, previous visa status and details do not matter. They can not go back beyond date of entry.
By the way - section 245(k) does not apply to change/extension of status. It applies ONLY to employment based adjustment of status application (I-485).
Link to 245(k) memo (http://www.uscis.gov/files/nativedocuments/245%28k%29_14Jul08.pdf)
____________________
Not a legal advice
US citizen of Indian origin
Well, please allow me make it clear. In order to request change or extension of status, the applicant must be maintaining visa status at time of the application. This is law. But status is defined from the moment one enter into the country. Whenever one enters on a visa status, previous visa status and details do not matter. They can not go back beyond date of entry.
By the way - section 245(k) does not apply to change/extension of status. It applies ONLY to employment based adjustment of status application (I-485).
Link to 245(k) memo (http://www.uscis.gov/files/nativedocuments/245%28k%29_14Jul08.pdf)
____________________
Not a legal advice
US citizen of Indian origin
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vandanaverdia
09-10 02:59 PM
Thanks drona for your support!
Fellow Washingtonians & Oregonians, please join in & support the cause....
Fellow Washingtonians & Oregonians, please join in & support the cause....
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gc_vbin
04-08 05:06 PM
You need to update your profile with enough details so people can respond to you. There are not enough details in your profile.
May 2011 Bulletin is out
Employment- Based Category
INDIA EB2 July 2006 (from May 2006)
http://www.travel.state.gov/visa/bulletin/bulletin_5424.html[/IMG]
I received an email from NVC on Mar 31st with invoice of 794$. My lawyer says that means nothing to me if I don't go for Consulate Processing. But dont they know when they send the email that we didn't opt for CP in I-140. I am confused.
For those of you who received the letter from NVC are you EB2?
May 2011 Bulletin is out
Employment- Based Category
INDIA EB2 July 2006 (from May 2006)
http://www.travel.state.gov/visa/bulletin/bulletin_5424.html[/IMG]
I received an email from NVC on Mar 31st with invoice of 794$. My lawyer says that means nothing to me if I don't go for Consulate Processing. But dont they know when they send the email that we didn't opt for CP in I-140. I am confused.
For those of you who received the letter from NVC are you EB2?
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lostinbeta
10-03 11:56 PM
What part don't you understand exactly? It is a pretty straightforward tutorial.
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kart2007
10-21 12:57 PM
Thank you. So was your application in a Pending status or Approved status when you emailed Ombudsman?
In my case the application is approved but I haven't received the EAD card yet.
In my case the application is approved but I haven't received the EAD card yet.
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ashkam
12-04 01:42 PM
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
"You are on EAD which is based on an employment based GC application where you have to be employed all the time" : False and for the "duh" part, FAIL.
Also, FAIL for the second paragraph as well.
You can be unemployed while in I-485 pending status as long as you are able to show proof of future employment, if requested by the USCIS. The key phrases being "future employment" and "if requested".
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
"You are on EAD which is based on an employment based GC application where you have to be employed all the time" : False and for the "duh" part, FAIL.
Also, FAIL for the second paragraph as well.
You can be unemployed while in I-485 pending status as long as you are able to show proof of future employment, if requested by the USCIS. The key phrases being "future employment" and "if requested".
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ameryki
10-17 08:29 PM
Boss once you get an ead after applying for 485 one must consider taking the risks after 180 days because the chances of getting that 485 denied are slim to none unless your application has opportunities if you know what i mean.:)
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thomachan72
08-12 10:56 AM
I dont understand why your lawyer did not notice this and question you before sending everything out. However, there are thousands of applications that they are dealing with and hopefully yours will go through. By the way did you send in all the original documents or notarized photocopies? Those who send in affidavits+non-availability certificates, did you send in originals or notarized copies?
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sreeanne
02-07 07:51 PM
i never filed EAD before but i filed 131 by myself 2 weeks back. its pretty straight forward and i even got receipt notice. make sure you attach all the required proofs along with new fees. thats it.
tikka
06-07 01:14 PM
Have you had a chance to contribute as yet? if NOT please do so soon.
IV needs funds for lobbying efforts
thank you
I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
IV needs funds for lobbying efforts
thank you
I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
paskal
09-11 05:31 PM
i ordered friday night
used standard shipping instead of regular (pain <2 bucks more for 3 items)
next b day ie monday am it was shipped ups ground
now in ups transit for delivery tomorrow
pretty fast!
used standard shipping instead of regular (pain <2 bucks more for 3 items)
next b day ie monday am it was shipped ups ground
now in ups transit for delivery tomorrow
pretty fast!
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