bigboy007
06-02 07:53 PM
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
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delhirocks
06-01 04:19 PM
So basically if this becomes law..Iam screwed..I am in my 30 day waiting period to file for my Labor in Jul-07 & want to get a 7th year extention in June-08. Am I reading it right?
thx
thx
Lasantha
06-08 06:36 PM
My PD is Dec 2002. Still waiting for the 45 day letter.
Dallas Backlog Center
This is strange because my LC with PD of March 2005 was approved in September last year by Dallas. So they don't really do this FIFO basis.
I am sorry to hear that you had to wait so long.
Dallas Backlog Center
This is strange because my LC with PD of March 2005 was approved in September last year by Dallas. So they don't really do this FIFO basis.
I am sorry to hear that you had to wait so long.
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snathan
08-24 09:37 AM
If you really want, you can make sense of the "disconnected" arguments, as they all address various points of your counter-arguments.
And again, we are unable to get enough members to fight for visa recapture or i-485 filing and you want to go about closing loopholes?
There was no way for me to know, but my "guess" is close enough, dont you think?
To remind you, this platform is for what purpose? This argument is tangential, as is the loophole one. We want to focus on what? I will let the below argument pass, after saying this much. But yes, I do emphasize with you on what happened. But I also have my share of tragedies
So can you force everyone to take higher pay? It's a matter between private persons, isn't it? I guess it is a bigger deal for small guys, as the labor market comes into play. No sense applying it to executives
unfortunately USCIS/DOL has set the min wage limit which must be equal/above the prewailing wage. Your argument of noble cause doesnt hold water. You can do that in the home country itself if you want to work for NGO.
dont worry about my comprehension skill rather come up with valid points and better argument. If you dont have any we can stop here as its a waste of time to talk about this crap.
And again, we are unable to get enough members to fight for visa recapture or i-485 filing and you want to go about closing loopholes?
There was no way for me to know, but my "guess" is close enough, dont you think?
To remind you, this platform is for what purpose? This argument is tangential, as is the loophole one. We want to focus on what? I will let the below argument pass, after saying this much. But yes, I do emphasize with you on what happened. But I also have my share of tragedies
So can you force everyone to take higher pay? It's a matter between private persons, isn't it? I guess it is a bigger deal for small guys, as the labor market comes into play. No sense applying it to executives
unfortunately USCIS/DOL has set the min wage limit which must be equal/above the prewailing wage. Your argument of noble cause doesnt hold water. You can do that in the home country itself if you want to work for NGO.
dont worry about my comprehension skill rather come up with valid points and better argument. If you dont have any we can stop here as its a waste of time to talk about this crap.
more...
diptam
08-13 02:09 PM
lonedesi,
Any word this ?
As i posted earlier i've scheduled a teleconference today morning with my HR Head and wanted complete explanation why they aren't releasing 7001. The general HR staff didn't release 7001 for last 8 days.
The HR Head is more diplomatic guy - he said i'll sign and give you 7001 immediately but if any problem happens because of challenging USCIS via Ombudsman , he doesn't know. Basically he is resorting to "Scare Tactics" or the "Fear Mongering" that we saw in the Billary's 3 AM ad of political campaign.
How what do i do Lonedesi - Shall i go ahead and ask him for 7001 and tell him that i don't care because this is a absolutely legal and right step to question USCIS if they are not following FIFO ??
Any word this ?
As i posted earlier i've scheduled a teleconference today morning with my HR Head and wanted complete explanation why they aren't releasing 7001. The general HR staff didn't release 7001 for last 8 days.
The HR Head is more diplomatic guy - he said i'll sign and give you 7001 immediately but if any problem happens because of challenging USCIS via Ombudsman , he doesn't know. Basically he is resorting to "Scare Tactics" or the "Fear Mongering" that we saw in the Billary's 3 AM ad of political campaign.
How what do i do Lonedesi - Shall i go ahead and ask him for 7001 and tell him that i don't care because this is a absolutely legal and right step to question USCIS if they are not following FIFO ??
jung.lee
04-04 06:55 PM
What is the difference between LLC and C Corp.
which is better to open out of the two if we are in EAD.
The easiest to read, most succinct source I have found is through Quicken:
PDF:
http://www.mycorporation.com/pdfs/MyCorporation_Comparison_Chart.pdf
or
HTML:
http://www.mycorporation.com/comparison.html
Basically for small set ups (for example you and/or your spouse) you probably want to stick to LLC or S-Corp. S-corp has huge tax advantage in the sense that you can take a small W-2 salary from the firm (to minimize your payroll witholding taxes for social security and medicare) and take a large "partnership income" reported on a K-1, which is taxed at ordinary income tax rate, and is not subject to payroll withholding taxes for social security and medicare. If you think about it, by not taking the income fully on W-2, you will be saving around 15% in withholding taxes.
which is better to open out of the two if we are in EAD.
The easiest to read, most succinct source I have found is through Quicken:
PDF:
http://www.mycorporation.com/pdfs/MyCorporation_Comparison_Chart.pdf
or
HTML:
http://www.mycorporation.com/comparison.html
Basically for small set ups (for example you and/or your spouse) you probably want to stick to LLC or S-Corp. S-corp has huge tax advantage in the sense that you can take a small W-2 salary from the firm (to minimize your payroll witholding taxes for social security and medicare) and take a large "partnership income" reported on a K-1, which is taxed at ordinary income tax rate, and is not subject to payroll withholding taxes for social security and medicare. If you think about it, by not taking the income fully on W-2, you will be saving around 15% in withholding taxes.
more...
fuzzy logic
07-18 03:32 PM
Hi everyone!
I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.
USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.
Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.
I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.
Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!
I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.
USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.
Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.
I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.
Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!
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485_se_dukhi
07-20 03:16 PM
Senators who abstained:
1. Obama (D-IL)
2. Brownback (R-KS)
3. Byrd (D-WV)
4. Lott (R-MS)
5. Johnson (D-SD)
Maybe writing to these senators and explaining our part of the story may help them at least see our point of view.
1. Obama (D-IL)
2. Brownback (R-KS)
3. Byrd (D-WV)
4. Lott (R-MS)
5. Johnson (D-SD)
Maybe writing to these senators and explaining our part of the story may help them at least see our point of view.
more...
rajuram
12-18 04:55 PM
so rajaram, what do you suggest? any updates on action in Jan?
I do not have updates�I wish I did. Like most people in these forums I am waiting for miracle to happen�.which probably will not happen.
To me it seems like that the members are doing there part, i.e. sending emails, making phone calls etc. But it looks like our numbers are not enough to make a change in the policy.
I do not have updates�I wish I did. Like most people in these forums I am waiting for miracle to happen�.which probably will not happen.
To me it seems like that the members are doing there part, i.e. sending emails, making phone calls etc. But it looks like our numbers are not enough to make a change in the policy.
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Desi Unlucky
09-11 09:50 PM
Here is my contribution.
Google Order #171518030739621 ($100)
Keep up the good work.
Google Order #171518030739621 ($100)
Keep up the good work.
more...
eastindia
08-23 08:55 AM
Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?
Where is GCperm when you need one?
Where is GCperm when you need one?
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vedicman
05-03 01:16 PM
Thanks, we expect some of the offices will say this. There can be lot of answers to this question. One way to respond is -
"For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
Please always end the call on a cordial note thanking the Staff member.
This makes perfect sense, and thanks for the suggestion, it definitely came to use when I called the office today.
When my statement was put in this angle, Sen. Brown, Sen Greg, Sen McConnell's office took note of it, and thanked me. I told them that immigration is being held hostage with words like amnesty, and if such rhetoric is taken out, common solutions can be found between reps and dems.
"For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
Please always end the call on a cordial note thanking the Staff member.
This makes perfect sense, and thanks for the suggestion, it definitely came to use when I called the office today.
When my statement was put in this angle, Sen. Brown, Sen Greg, Sen McConnell's office took note of it, and thanked me. I told them that immigration is being held hostage with words like amnesty, and if such rhetoric is taken out, common solutions can be found between reps and dems.
more...
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WeShallOvercome
08-02 04:08 PM
I just spoke to a lady at USCIS and she told me they just started working on case receipts for July 2nd and onwards so in next couple of weeks most of you who filed in first week of july should see their receipts..this is what she told me and she sounded very authentic..
I think they are all on same page. Entering all applications in their systems by monday and another8-10 days for all to get receipts makes it 2 weeks :)
I think they are all on same page. Entering all applications in their systems by monday and another8-10 days for all to get receipts makes it 2 weeks :)
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needhelp!
09-10 03:28 PM
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santb1975
05-29 10:48 PM
Thankyou for your contribution
Receipt ID: 0375-0762-4300-7538
Let's keep 'em comming!
Receipt ID: 0375-0762-4300-7538
Let's keep 'em comming!
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Edison99
10-21 02:18 PM
Congratulations 9years and celebrate this approval with family and friends!
Hi All,
My EB2 I-140 Approved in 2 days (Premium Processing).
Service Center: Texas
Application Received Date: 10/12/2010
Application Approved Date: 10/14/2010
This is just to share with all of you.
Thank you.
Hi All,
My EB2 I-140 Approved in 2 days (Premium Processing).
Service Center: Texas
Application Received Date: 10/12/2010
Application Approved Date: 10/14/2010
This is just to share with all of you.
Thank you.
more...
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sundevil
07-19 02:43 PM
I have a question about a unique situation of getting stuck in BEC and applying 485 with a newer PERM case. If LC is stuck in BEC at this time, but the person has a new PERM+140 from a different location and applies 485. Can this person change the priority date of 485 when the old LC from BEC gets approved, and 140 approved, to the BEC PD?
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Karthikthiru
09-09 12:32 PM
Just contributed another $ 100 for the Sept 18th rally. Already sponsored a ticket for a person for the rally. I cannot attend the rally because I have a son who will be joining pre-school from Sept 17. So I need to be in stay in Dallas for the first week or so from Sept 17th
Karthik
Karthik
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pappu
08-01 05:10 PM
would really like to reflect my thoughts, experience & opinion in writing, but please do note: i don`t have a journalisim background.
Thanks for the help. Journalism background is not really needed. All we need is some good writing skills to make the article impactful.
Thanks for the help. Journalism background is not really needed. All we need is some good writing skills to make the article impactful.
raj3078
09-28 06:48 PM
This is just Sad.....
mjdup
01-02 11:51 AM
That's very impressive yabadaba, you have excellent writing skills !
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