santb1975
05-23 12:56 AM
Thanks a lot for your one time and recurring contributions
I just sent a check of $100 via online bill payment to IV. I've also set up recurring contribution checks of $25 every month beginning June. I strongly believe in IV's cause and hope that many folks will come forward. This is the time to act to help ourselves, otherwise we'll be left behind. Keep up the good work.
I just sent a check of $100 via online bill payment to IV. I've also set up recurring contribution checks of $25 every month beginning June. I strongly believe in IV's cause and hope that many folks will come forward. This is the time to act to help ourselves, otherwise we'll be left behind. Keep up the good work.
wallpaper Ball Z: Infinite World,
gsc999
07-19 06:30 AM
A small contribution for the future goals....$500 today and more to come....
Thank you IV for your time, effort and support through the emotional roller coaster.
Shatabdi & Amit: Great! Thank you for your large donations of $500 each.
Thank you IV for your time, effort and support through the emotional roller coaster.
Shatabdi & Amit: Great! Thank you for your large donations of $500 each.
ItIsNotFunny
03-12 11:15 AM
Dear ItIsNotFunny,
For committed people like you, we can request IV core for some special consideration.
But I support this initiative. Just see the FOIA thread. We could not even pool up 5K and there are at least 5000 members out of which at least 500 active users.
Unless there is some intiative like this, it will be impossible for pushing any lobbying activities. There are many people who wants every thing free.
I support IV
I support the idea. Its just market is bad and people may not be able to contribute so regularly.
For committed people like you, we can request IV core for some special consideration.
But I support this initiative. Just see the FOIA thread. We could not even pool up 5K and there are at least 5000 members out of which at least 500 active users.
Unless there is some intiative like this, it will be impossible for pushing any lobbying activities. There are many people who wants every thing free.
I support IV
I support the idea. Its just market is bad and people may not be able to contribute so regularly.
2011 world glow friends forever
JunRN
05-15 11:39 PM
He got info from USCIS through congressional liason that his 140 was indeed approved on the date when the IO claimed it was denied and it was indeed revoked when he got a denial. The revoke was initiated by his employer.
They seem to have all info proper. There is no faulty system. If there is faulty system, probably we have known by now with things never happening right
Thanks for the clarification. Regarding faulty system, if it's not the database, it must be the practice. We have heard not few cases of AC21 cases being improperly denied.
My take is that the system used by USCIS is not designed to check for AC21 cases and so rightfully, when IO sees denied I-140, they deny the I-485. I think their Manual is also not updated to reflect AC21. AC21 is still a memo and not in their Manual.
They seem to have all info proper. There is no faulty system. If there is faulty system, probably we have known by now with things never happening right
Thanks for the clarification. Regarding faulty system, if it's not the database, it must be the practice. We have heard not few cases of AC21 cases being improperly denied.
My take is that the system used by USCIS is not designed to check for AC21 cases and so rightfully, when IO sees denied I-140, they deny the I-485. I think their Manual is also not updated to reflect AC21. AC21 is still a memo and not in their Manual.
more...
AllVNeedGcPc
03-22 09:42 PM
... I thought all 485s from our times were already pre-adjudicated by now.
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
mirage
03-31 10:11 AM
In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...
more...
chanduv23
11-20 04:36 PM
H1B petition can be revoked automatically if a) employer notifies USCIS that the petition is withdrawn or b) employer goes out of business. See 8 CFR 214.2.(b)(11). So yes, EAD is much safer in this regard. Revoked H1B petition cannot be used for transfer/extension. It's nice to have H1B as a fallback, but it's not a safe heaven.
Here is an interesting article regarding H1B and employer's obligation to notify the USCIS if employment ends.
http://www.chincurtis.com/pdfs/ccid_1_033007-1.pdf
Which means that EAD is much safer than H1b. Then why are Attorneys insisting on the opposite (H1b against EAD?)
If this is confirmed news, i will revisit my blog and make changes
Here is an interesting article regarding H1B and employer's obligation to notify the USCIS if employment ends.
http://www.chincurtis.com/pdfs/ccid_1_033007-1.pdf
Which means that EAD is much safer than H1b. Then why are Attorneys insisting on the opposite (H1b against EAD?)
If this is confirmed news, i will revisit my blog and make changes
2010 Lemony Snicket#39;s A Series
Ram_C
09-12 07:28 PM
How do I place the google order? This is going to be my first contribution..
check this link http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44(you need to scroll down to find google checkout)
check this link http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44(you need to scroll down to find google checkout)
more...
Gravitation
09-29 01:30 AM
2009 is VERY OPTIMISTIC. Why would a new administration take up "touchy" issue like immigration in its 1st year (2009)? Least we can expect is 2010 IF NOTHING HAPPENS BY MID NOVEMBER - Congress goes to recess for the year.The window of opportunity is short!
2010 is again an election year. As they say, things happen in DC only in "odd" years. It could be 2009, 2011, 2013... who knows.
If I don't get my GC till 2015... I'm really gonna do something about it!! There's a limit to everything, damn it.:mad:
Gravitation
PS: Disclaimer: for the simple minded ones: my last sentence is sarcastic humor... not a reality... clarifying further... because, I'm already active... not because I'm not gonna do anything even in 2015. Amen.
2010 is again an election year. As they say, things happen in DC only in "odd" years. It could be 2009, 2011, 2013... who knows.
If I don't get my GC till 2015... I'm really gonna do something about it!! There's a limit to everything, damn it.:mad:
Gravitation
PS: Disclaimer: for the simple minded ones: my last sentence is sarcastic humor... not a reality... clarifying further... because, I'm already active... not because I'm not gonna do anything even in 2015. Amen.
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jimytomy
05-24 09:56 AM
Contributed $100 . Good way to start long weekend !
Receipt ID: 2168-6313-9515-3493
Have a nice Week End !
- JimyTomy
______________________
EB3 India
Receipt ID: 2168-6313-9515-3493
Have a nice Week End !
- JimyTomy
______________________
EB3 India
more...
nixstor
04-02 12:31 PM
respecting policies and law is one thing.
lack of a good implementation plan and improvement over a number of years is another thing.
We can't just poke around an established government agency because we feel they are not doing their job properly.
What do you (You refers to people who think above, not one in particular) say about the people who filed lawsuit and got the 180 day Name check rule to implementation faster? Not that I am proposing lawsuits, just an example to disprove what you said.
I am trying to figure out what you guys are trying to say. If you guys think that CIS will give you the GC on the day they will feel like and you are cool with it, Why even hopping around boards either for information or anything. Just follow the processing times and see whether number has been called or not. 99% of the crowd thinks here that we can get a better policy by making our voice heard. I dont see rational and logic between what you are saying and what you are doing, unless you are smartly drawing a wedge or trying to scare away people saying that you are not a citizen, you will get busted.
lack of a good implementation plan and improvement over a number of years is another thing.
We can't just poke around an established government agency because we feel they are not doing their job properly.
What do you (You refers to people who think above, not one in particular) say about the people who filed lawsuit and got the 180 day Name check rule to implementation faster? Not that I am proposing lawsuits, just an example to disprove what you said.
I am trying to figure out what you guys are trying to say. If you guys think that CIS will give you the GC on the day they will feel like and you are cool with it, Why even hopping around boards either for information or anything. Just follow the processing times and see whether number has been called or not. 99% of the crowd thinks here that we can get a better policy by making our voice heard. I dont see rational and logic between what you are saying and what you are doing, unless you are smartly drawing a wedge or trying to scare away people saying that you are not a citizen, you will get busted.
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mw_immi
01-07 01:00 PM
Has anyone done refinance from BOA on EAD / AOS (expired H1B & I-94)?
My current home loan is with BOA & I am trying to refinance with them, but they say we can't approve now because of status. I locked in rate in Sept. 2010 & now I am stuck as rates have gone up. After 4 months they have denied.
I don't know how to proceed further. They are not ready to give any letter & the lending policy. Any suggestions please......
My current home loan is with BOA & I am trying to refinance with them, but they say we can't approve now because of status. I locked in rate in Sept. 2010 & now I am stuck as rates have gone up. After 4 months they have denied.
I don't know how to proceed further. They are not ready to give any letter & the lending policy. Any suggestions please......
more...
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Humhongekamyab
04-30 02:25 PM
It is 2.25 pm and I still can't access the webcast. It was working fine 1h ago or so...
Now why would they start the webcast for you at 2:25 when the scheduled hearing is at 2:30.
Now why would they start the webcast for you at 2:25 when the scheduled hearing is at 2:30.
tattoo more.
susie
07-15 11:30 AM
1 of 2 posts
Default No Protection for Nonimmigrant Children Because of the Age-Out Problem
No Protection for Nonimmigrant Children Because of the Age-Out Problem
The Impact US Immigration Laws on Children
The impact of US immigration laws on children generally is profound. This is due to the fact these laws are complex and are written substantially with adults in mind. Overall the immigrant laws try to balance various and sometimes competing aims including (but in no particular order):
* Improving the economy by providing access to skilled foreign workers and investors;
* Ensuring family unification, for citizens, permanent residents and nonimmigrant residents;
* Promoting diversity, such as through the lottery program; and
* Maintaining the security of the nation, through border controls, immigration checks etc.
This article focuses primarily on the issue of family reunification and looks at one specific area in which the US immigration system is failing; the rights of children. One of the intriguing aspects of US laws is the concept of age outs. This separates two categories of children; those under the age of 21 and those who have attained the age of 21.
For example, in relation to immigrant petitions where a family member is being sponsored, the petition may also apply to the spouse and children of the family member being sponsored, but only where the children are under 21 years of age. Unfortunately, immigrant visa processing can take many years depending on the category of sponsorship and, while the petition is pending, many children age out (turn 21 and are removed from the pending petition). This results in situations where siblings are split because the younger ones can immigrate by the time the petition is processed (because they are still under 21), but the older siblings cannot (because they turned 21 while the immigrant petition was pending). The Child Status Protection Act of 2002 aims to address this issue, but does not deal with all circumstances and is not always appropriately implemented causing many families to split.
Another example, and which this article focuses on, relates to nonimmigrant visa holders. Many nonimmigrant visa categories enable the foreign national (�alien�) visa holder to bring their family with them, including their spouse and children (who are under 21). A child could come to the USA, including when they are babies, be brought up in the USA but when they reach 21, unless they have another right to remain in the country, they are forced to go to their country of citizenship or any other country willing to invite them. However, they would have to leave their home and their family in the USA.
Children as Derivative Nonimmigrant Visa Holders with no Direct Path to Permanent Residency
US immigration laws enable many aliens to come to the USA for various purposes. This includes, but is not limited to:
* Investing in the USA, either directly through an E2 visa or through an expansion of a non-US business into the USA through an L1 visa (which enables intercompany transferees);
* Employment opportunities, so US employers could petition an alien on a nonimmigrant basis (for example H-1B (specialty occupations), H-1B1 (Chile/Singapore Free Trade Agreement) and H-1C (nurses)) or multinational businesses with US operations could transfer an alien to its operations in the USA through an L1 visa;
* Aliens with extraordinary ability or achievement through an O1 visa and other workers to assist in the performance of O1 workers through an O2 visa; and
* Religious workers through an R-1 visa.
The above examples are (non-exhaustive) examples of visas on which aliens enter and reside in the USA for a long-term basis. Such nonimmigrant visa holders may also bring their spouse and/or children with them as nonimmigrant holders. These visas for spouses and children are known as �derivative� visas and are valid for as long as the �principal� visa is valid. For example, if an H-1B employee loses their job without getting a new job, not only do they lose their visa status but so do the derivative visa holders.
At first glance this seems to be a reasonable state of affairs. However, there is a unique, but not uncommon, problem that results from �aging out,� i.e. where children who were under 21 come to the USA but lose their derivative visa status on their 21st birthday. They must leave the USA, in effect their home, unless they have another basis to stay home. They will also be split from their Parents and younger siblings who will be subject to same problem when they turn 21, unless of course they were born in the USA in which case they are US citizens (this right does not apply to the children of any person in the USA in the capacity of a foreign diplomat).
Jack, Mary and Sundeep
Consider this. Two children, Jack and Sundeep, come to the USA from the UK as children, because their respective parents are nonimmigrant visa holders. They have no choice in the matter because separation from their families is clearly not an option.
Jack lives in Detroit, Michigan and lived there ever since he arrived in the USA as a derivative visa holder during his kindergarten years. Sundeep lives in Long Island, New York and arrived in the USA as a derivative visa holder when he was 13. Jack and Sundeep both went to high school in their local areas. Jack went to a State funded school and Sundeep went to a privately-funded school. Both Jack and Sundeep have fully established their lives in the USA.
Jack remembers only his US life since he came at such a young age. He embraces his new life, develops friendships and fully integrates into US society by being schooled under the US system. He has an American accent since he was five. Culturally, he is American in every way. He loves his Pizza, hangs out with his school friends, and loves watching films and playing sports. He does very in school. He maintains a 4.0 GPA, is captain of the football team has been elected class President. He aspires to go to university. He wants in particular to go to the University of Michigan and play for the Michigan Wolverines. He is smart enough and good enough to do both.
Sundeep came to the USA much later. He has clear memories of his life in the UK. At first he found it very difficult to adjust to the new system. He had no friends and had to work hard to build friends. He loves soccer and was a West Ham supporter in the UK. He continues to be so. However, people aren�t into soccer in his school. However, by the time he turns 15, Sundeep has made a lot of effort to change. He is fully comfortable with the school system, has grown to understand and love basketball and football, and has made many friends. He is an above average student academically, but does not really have any aspirations to go to university.
Jack sees himself as American in every way. Sundeep also sees himself as an American but realizes and appreciates he has some differences giving him a unique US-UK-Indian cultural identity. Both fully support America in every way including singing the national anthem whenever the opportunity arises such as in school.
Jack also has younger sister, Mary. She was born in the USA and so has a constitutional (14th Amendment) based right to US citizenship. However both siblings have very different rights. When Jack turns 18 he can�t vote, but Mary can vote when she turns 18. Jack can�t join the military, but Mary can. It�s very strange how two people brought up in the same environment can be subject to very different treatment.
Limited Solutions to Aging Out
Adjustment to Permanent Residency Status
The age out problem can be partly circumvented in various but specific ways. However, this means children who have been in the USA for long periods before turning 21 can be subject to very different treatment, simply based on the type of visa their Parent(s) entered the USA on and the type of visa they currently hold.
For example L1 visa holders and employee visa holders may adjust their status to permanent residency. Their employer may later sponsor them for a new employment-based immigrant visa and once this is processed an employee may adjust, with his or her spouse and children (under 21) to permanent resident status.
Most E-2 visa holders do not have a basis to convert to permanent residency. One rare exception may be where the business expands to an investment value of $500,000 in low employment areas or $1million in all other areas and has 10 permanent employees comprised of US citizens and/or permanent residents. In these circumstances the E-2 visa holder may convert to permanent residency on the basis of an EB-5 application. How many businesses in the USA owned by foreign national meet these criteria? Very few! Another rare exception may be where an E-2 visa holder is a single parent and marries a US citizen so that they may apply for an immigrant visa with the children as derivatives. They have to wait for the visa to be processed by the USCIS, but once approved there is no further wait required with the National Visa Center.
However, the permanent residency solution is exceptional. They do not help the children whose parents remain in nonimmigrant status. Further, even where a Parent does become a permanent resident, it does not help children who already reached 21 before an immigrant petition is approved.
Default No Protection for Nonimmigrant Children Because of the Age-Out Problem
No Protection for Nonimmigrant Children Because of the Age-Out Problem
The Impact US Immigration Laws on Children
The impact of US immigration laws on children generally is profound. This is due to the fact these laws are complex and are written substantially with adults in mind. Overall the immigrant laws try to balance various and sometimes competing aims including (but in no particular order):
* Improving the economy by providing access to skilled foreign workers and investors;
* Ensuring family unification, for citizens, permanent residents and nonimmigrant residents;
* Promoting diversity, such as through the lottery program; and
* Maintaining the security of the nation, through border controls, immigration checks etc.
This article focuses primarily on the issue of family reunification and looks at one specific area in which the US immigration system is failing; the rights of children. One of the intriguing aspects of US laws is the concept of age outs. This separates two categories of children; those under the age of 21 and those who have attained the age of 21.
For example, in relation to immigrant petitions where a family member is being sponsored, the petition may also apply to the spouse and children of the family member being sponsored, but only where the children are under 21 years of age. Unfortunately, immigrant visa processing can take many years depending on the category of sponsorship and, while the petition is pending, many children age out (turn 21 and are removed from the pending petition). This results in situations where siblings are split because the younger ones can immigrate by the time the petition is processed (because they are still under 21), but the older siblings cannot (because they turned 21 while the immigrant petition was pending). The Child Status Protection Act of 2002 aims to address this issue, but does not deal with all circumstances and is not always appropriately implemented causing many families to split.
Another example, and which this article focuses on, relates to nonimmigrant visa holders. Many nonimmigrant visa categories enable the foreign national (�alien�) visa holder to bring their family with them, including their spouse and children (who are under 21). A child could come to the USA, including when they are babies, be brought up in the USA but when they reach 21, unless they have another right to remain in the country, they are forced to go to their country of citizenship or any other country willing to invite them. However, they would have to leave their home and their family in the USA.
Children as Derivative Nonimmigrant Visa Holders with no Direct Path to Permanent Residency
US immigration laws enable many aliens to come to the USA for various purposes. This includes, but is not limited to:
* Investing in the USA, either directly through an E2 visa or through an expansion of a non-US business into the USA through an L1 visa (which enables intercompany transferees);
* Employment opportunities, so US employers could petition an alien on a nonimmigrant basis (for example H-1B (specialty occupations), H-1B1 (Chile/Singapore Free Trade Agreement) and H-1C (nurses)) or multinational businesses with US operations could transfer an alien to its operations in the USA through an L1 visa;
* Aliens with extraordinary ability or achievement through an O1 visa and other workers to assist in the performance of O1 workers through an O2 visa; and
* Religious workers through an R-1 visa.
The above examples are (non-exhaustive) examples of visas on which aliens enter and reside in the USA for a long-term basis. Such nonimmigrant visa holders may also bring their spouse and/or children with them as nonimmigrant holders. These visas for spouses and children are known as �derivative� visas and are valid for as long as the �principal� visa is valid. For example, if an H-1B employee loses their job without getting a new job, not only do they lose their visa status but so do the derivative visa holders.
At first glance this seems to be a reasonable state of affairs. However, there is a unique, but not uncommon, problem that results from �aging out,� i.e. where children who were under 21 come to the USA but lose their derivative visa status on their 21st birthday. They must leave the USA, in effect their home, unless they have another basis to stay home. They will also be split from their Parents and younger siblings who will be subject to same problem when they turn 21, unless of course they were born in the USA in which case they are US citizens (this right does not apply to the children of any person in the USA in the capacity of a foreign diplomat).
Jack, Mary and Sundeep
Consider this. Two children, Jack and Sundeep, come to the USA from the UK as children, because their respective parents are nonimmigrant visa holders. They have no choice in the matter because separation from their families is clearly not an option.
Jack lives in Detroit, Michigan and lived there ever since he arrived in the USA as a derivative visa holder during his kindergarten years. Sundeep lives in Long Island, New York and arrived in the USA as a derivative visa holder when he was 13. Jack and Sundeep both went to high school in their local areas. Jack went to a State funded school and Sundeep went to a privately-funded school. Both Jack and Sundeep have fully established their lives in the USA.
Jack remembers only his US life since he came at such a young age. He embraces his new life, develops friendships and fully integrates into US society by being schooled under the US system. He has an American accent since he was five. Culturally, he is American in every way. He loves his Pizza, hangs out with his school friends, and loves watching films and playing sports. He does very in school. He maintains a 4.0 GPA, is captain of the football team has been elected class President. He aspires to go to university. He wants in particular to go to the University of Michigan and play for the Michigan Wolverines. He is smart enough and good enough to do both.
Sundeep came to the USA much later. He has clear memories of his life in the UK. At first he found it very difficult to adjust to the new system. He had no friends and had to work hard to build friends. He loves soccer and was a West Ham supporter in the UK. He continues to be so. However, people aren�t into soccer in his school. However, by the time he turns 15, Sundeep has made a lot of effort to change. He is fully comfortable with the school system, has grown to understand and love basketball and football, and has made many friends. He is an above average student academically, but does not really have any aspirations to go to university.
Jack sees himself as American in every way. Sundeep also sees himself as an American but realizes and appreciates he has some differences giving him a unique US-UK-Indian cultural identity. Both fully support America in every way including singing the national anthem whenever the opportunity arises such as in school.
Jack also has younger sister, Mary. She was born in the USA and so has a constitutional (14th Amendment) based right to US citizenship. However both siblings have very different rights. When Jack turns 18 he can�t vote, but Mary can vote when she turns 18. Jack can�t join the military, but Mary can. It�s very strange how two people brought up in the same environment can be subject to very different treatment.
Limited Solutions to Aging Out
Adjustment to Permanent Residency Status
The age out problem can be partly circumvented in various but specific ways. However, this means children who have been in the USA for long periods before turning 21 can be subject to very different treatment, simply based on the type of visa their Parent(s) entered the USA on and the type of visa they currently hold.
For example L1 visa holders and employee visa holders may adjust their status to permanent residency. Their employer may later sponsor them for a new employment-based immigrant visa and once this is processed an employee may adjust, with his or her spouse and children (under 21) to permanent resident status.
Most E-2 visa holders do not have a basis to convert to permanent residency. One rare exception may be where the business expands to an investment value of $500,000 in low employment areas or $1million in all other areas and has 10 permanent employees comprised of US citizens and/or permanent residents. In these circumstances the E-2 visa holder may convert to permanent residency on the basis of an EB-5 application. How many businesses in the USA owned by foreign national meet these criteria? Very few! Another rare exception may be where an E-2 visa holder is a single parent and marries a US citizen so that they may apply for an immigrant visa with the children as derivatives. They have to wait for the visa to be processed by the USCIS, but once approved there is no further wait required with the National Visa Center.
However, the permanent residency solution is exceptional. They do not help the children whose parents remain in nonimmigrant status. Further, even where a Parent does become a permanent resident, it does not help children who already reached 21 before an immigrant petition is approved.
more...
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msp1976
01-10 03:08 PM
May be yes....applying greencard is required to extend the H1...having said that one has to spend huge money in applying for GC...at the same time one can also stay out of US for an year and come back if required...
I came to US when I was 24 years old...I delayed the filing and not a day goes by that I donot repent that...My friend are GC holders and bought their houses..I am 30 now..
I think that even at your age..a GC is good to have....It opens up many possibilities....Whatever money you save doing a job...I doubt that you can go back and retire..The prices of everything keep going up in India...One still would need to work....
Even if social security benefits get reduced in US, they would still pay something...In time if you have citizenship you can get whatever you can from that and whatever you saved would make a living...In fact if you donot have a concrete plan of returning in 1 year, file for GC immediately....
When this organization is successful, you would at least have a 485 filed and your spouse can work and they would not throw you out summarily...
I came to US when I was 24 years old...I delayed the filing and not a day goes by that I donot repent that...My friend are GC holders and bought their houses..I am 30 now..
I think that even at your age..a GC is good to have....It opens up many possibilities....Whatever money you save doing a job...I doubt that you can go back and retire..The prices of everything keep going up in India...One still would need to work....
Even if social security benefits get reduced in US, they would still pay something...In time if you have citizenship you can get whatever you can from that and whatever you saved would make a living...In fact if you donot have a concrete plan of returning in 1 year, file for GC immediately....
When this organization is successful, you would at least have a 485 filed and your spouse can work and they would not throw you out summarily...
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bpratap
05-15 06:10 PM
But were U able to get the loan at the end ?
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vandanaverdia
09-13 11:13 AM
milind123 & sam2006:
Hats off to u guys... U r doing a fabulous job!
All those who havent contributed so far, pls come forward!
Help IV help you...
Hats off to u guys... U r doing a fabulous job!
All those who havent contributed so far, pls come forward!
Help IV help you...
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nirenjoshi
03-05 05:04 PM
ditto
Same here.. LUD=9/11/07
Same here.. LUD=9/11/07
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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
hopefullegalimmigrant
12-28 12:15 PM
According to this
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
many of us should have got AP by now. As usual a status does not match the fact.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
many of us should have got AP by now. As usual a status does not match the fact.
logiclife
03-13 01:35 PM
DUI and DWI are crimes that can get your greencard petition in trouble even today.
The only thing today, that will not jeopardize your Greencard application is minor traffic violations. DUI and DWI and not minor traffic violations.
These amendments are only enhancing it to DEPORT those who are found driving drunk. The irony is, if you are an immigrant either illegal waiting for amnesty or legal waiting for your labor/485, you are more likely to need a drink or two.
--logiclife.
The only thing today, that will not jeopardize your Greencard application is minor traffic violations. DUI and DWI and not minor traffic violations.
These amendments are only enhancing it to DEPORT those who are found driving drunk. The irony is, if you are an immigrant either illegal waiting for amnesty or legal waiting for your labor/485, you are more likely to need a drink or two.
--logiclife.
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