Canadian_Dream
06-01 08:18 PM
I re-read the section and I think your interpretation is correct. All I-140 filed after introduction and approved before enactment should stand clear from this provision. If there is an I-485 petition filed along with such an I-140 that is approved before enactment of this act, then it will qualify for an immigrant visa whenever one is available under the old law.
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
ashutrip
06-23 12:20 PM
i saw 2 approvals ( on 06/22) in for people who applied in feb starting ... just a fyi
-M
its disgusting
-M
its disgusting
needhelp!
09-10 05:15 PM
raminmd, Miya Maqbool, Guest007, sxm101, nosightofgc, p_aluri, uslegals, krispal
Here's to a strong community of active members!
Here's to a strong community of active members!
axp817
05-15 08:26 PM
Maybe someone that has had to go through this can respond.
When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?
I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?
When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?
I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?
more...
belmontboy
07-20 01:19 PM
http://www.immigration.com/newsletter1/dolsta1207.pdf
there were 144,000 PERM's done between oct 2006- march 2007
india, china have retro for both EB2 and EB3
mexico, philippines and bunch of other countries have retro for EB3
PERM is only for the Primary applicant. For I-485 every dependent of Primary applicant needs one separate application
Considering all these 750,000 I-485 filings in next 1 month sounds a reasonable estimate.
there were 144,000 PERM's done between oct 2006- march 2007
india, china have retro for both EB2 and EB3
mexico, philippines and bunch of other countries have retro for EB3
PERM is only for the Primary applicant. For I-485 every dependent of Primary applicant needs one separate application
Considering all these 750,000 I-485 filings in next 1 month sounds a reasonable estimate.
delax
07-20 01:32 PM
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
Here's my estimate regarding the expected I-485 filings for July 2007 based on the approved LC petition data provided by DOL. See link below (Thanks ! DreamGC)
http://spreadsheets.google.com/pub?key=pPp-1fPOWrpRSbOSVaat9ew
LC Approvals (Expected 485 filings in July 2007)
2007: 50000(50000) Estimated since data unavailabe
2006: 79782 (79782)
2005: 6133 (6133)
2004: 43582 (34866) 80% will file in July, 20% filed earlier
2003: 62912 (31456) 50% will file in July. The rest filed earlier.
2002: 79784 (Nil) Since more than 95% would have filed 485 earlier.
I am ignoring anything before 2002.
If you add up the numbers in parentheses the total is 202,236 - primary applicants. Assuming an average family size of 2 gives us 404,472 give or take 10%
I would say 80% of the 400k people may apply for EAD - that still makes it 320k EADs - the others may not want EAD right away or could be kids less than 14 years old.
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
Here's my estimate regarding the expected I-485 filings for July 2007 based on the approved LC petition data provided by DOL. See link below (Thanks ! DreamGC)
http://spreadsheets.google.com/pub?key=pPp-1fPOWrpRSbOSVaat9ew
LC Approvals (Expected 485 filings in July 2007)
2007: 50000(50000) Estimated since data unavailabe
2006: 79782 (79782)
2005: 6133 (6133)
2004: 43582 (34866) 80% will file in July, 20% filed earlier
2003: 62912 (31456) 50% will file in July. The rest filed earlier.
2002: 79784 (Nil) Since more than 95% would have filed 485 earlier.
I am ignoring anything before 2002.
If you add up the numbers in parentheses the total is 202,236 - primary applicants. Assuming an average family size of 2 gives us 404,472 give or take 10%
I would say 80% of the 400k people may apply for EAD - that still makes it 320k EADs - the others may not want EAD right away or could be kids less than 14 years old.
more...
amitjoey
05-14 04:55 PM
you can still call the senators on the west coast- you got 2 more hours.
Please call.
Please call.
SSSarkar
04-11 03:15 PM
Labor approved last week.
Dec 04, NJ EB3 RIR
Dec 04, NJ EB3 RIR
more...
aycy
04-01 12:00 AM
Yesterday I sent an e-mail to Secretary Chao indicating poor performance of Philadelphia Backlog Processing Center.
I have done that many times and all she did was referred me to head of foreign Labor certification. She knows what is happening but she could not do anything about it because her hands are tied due to the limited budget allocated for foreign labor certification. Very ironic don't you think. :mad:
I have done that many times and all she did was referred me to head of foreign Labor certification. She knows what is happening but she could not do anything about it because her hands are tied due to the limited budget allocated for foreign labor certification. Very ironic don't you think. :mad:
greencard_fever
03-04 06:29 PM
I checked the online status of our 485 application after long time..i totally lost hope on our 485 applications that USCIS ever bothered to work on them..but strange thing is i have noticed a soft LUD on my wifes case..this gives me some hope..:D
more...
DSLStart
09-10 09:30 AM
EB2 dates moving back more than 5 years is really sickening. Lets just only hope that they've used and alloted visa numbers already to approvable cases and see approvals coming through...
tinamatthew
07-21 05:54 PM
Hi Tina,
Do you know any employer or recruiting agency (in NY) who can help sponsoring physical therapists for 140 & 485.
I got a NY work permit and got my crdentials evaluated but unfortunately that emplyer is no longer having job vacancy. Now I am stuck and don't know if I can get benefit from some other employer.
Any input would be greatly helpful.
A lot of employers are willing to sponsor Schedule A applications, as far as you get your own lawyer & bare the costs, especially if they don't have an immigration department. So you may want to let them know that you have a lawyer who can file as soon as. Some employers already have the employment notice.
You may already know these, but here goes
www.ptjobs.com
www.physical-therapist.com/
rehaboptions.com/phone.html
physicaltherapist.com
Do you know any employer or recruiting agency (in NY) who can help sponsoring physical therapists for 140 & 485.
I got a NY work permit and got my crdentials evaluated but unfortunately that emplyer is no longer having job vacancy. Now I am stuck and don't know if I can get benefit from some other employer.
Any input would be greatly helpful.
A lot of employers are willing to sponsor Schedule A applications, as far as you get your own lawyer & bare the costs, especially if they don't have an immigration department. So you may want to let them know that you have a lawyer who can file as soon as. Some employers already have the employment notice.
You may already know these, but here goes
www.ptjobs.com
www.physical-therapist.com/
rehaboptions.com/phone.html
physicaltherapist.com
more...
priti8888
06-26 01:51 PM
What is america losing?
Lets take a typical example:
My friend and his wife both have jobs here. They pay around $50K-60 income tax (approx) as a couple.
They have 10 yrs of exp. (approx) or have masters degree. They have a decent bit of 401K. And about 30 years of career left. They also have capital investment in India which is growing at a good pace.
Now if even one is forced to go back I am sure both of them will go back to India or wherever they are from. Makes sense?
So what are they losing by going back to India? Some $$$$. Thats all? No debt. no hassle, just semi retirement early enough.
Now think about 100 couples like this?
Now think about 1000 couples like this?
1000* 60 K = $60 million of taxes and social security lost. Who is going to pay the troops in Iraq? Or the USCIS dumbo? Will he have a job to do if we leave?
And if we leave who is going to pay the medical bills of the baby boomer who needs medicare soon?
Lets say, they replace us with younger workers. what will be their salary? 50K or 75K. lets say 80 K. Chances are they are single. If they are married. Will their wife work immediately. If no, they are collecting taxes from him at a married rate while his spouse has no income. If his wife is educated, how long will she want to live on H4? If she doesnt get H1 will they both go back or stay here endlessly? Chickens (americans).
How much tax will they will pay? If they are on F1 EAD, even better, they dont even pay social security.
Of course we lost $$$$ income, but we are not in so much deep shit as US would be if they lose 1000 couples, just 2000 people.
Now lets say we go to India and undergo semi retirement. Fine, US companies maintain competitive advantage and they gain most. But if we decide to continue to excel, can not such 2000 start a formidably competitive business? Who wins? India or USA? Or will they start multiple businesses?
Its about the numbers. If 1 or 2 dont get GC , it doesnt matter. But if thousands are impacted, most of them smart people, it will hurt someone here or many ones.
What have we really asked for in return? Just a piece of plastic that will let us live and contribute like everyone else here.
They have a problem with that too. Bloody morons.
For how many years this game of making people fools will continue? Message spreads fast. I am already telling my junior relative what to expect in America.
I totally agree with you, but think about this.
For every couple who plan to leave, there are 5 couples anxious to replace them. Do you know the % of visas approved vs visa applicants?.The 5 couples could be from anywhere, not just from india where the economy is in good shape.
My point is that America does lose when someone goes back.But the loss is on a very very micro level----and replacement is not that difficult.
Lets take a typical example:
My friend and his wife both have jobs here. They pay around $50K-60 income tax (approx) as a couple.
They have 10 yrs of exp. (approx) or have masters degree. They have a decent bit of 401K. And about 30 years of career left. They also have capital investment in India which is growing at a good pace.
Now if even one is forced to go back I am sure both of them will go back to India or wherever they are from. Makes sense?
So what are they losing by going back to India? Some $$$$. Thats all? No debt. no hassle, just semi retirement early enough.
Now think about 100 couples like this?
Now think about 1000 couples like this?
1000* 60 K = $60 million of taxes and social security lost. Who is going to pay the troops in Iraq? Or the USCIS dumbo? Will he have a job to do if we leave?
And if we leave who is going to pay the medical bills of the baby boomer who needs medicare soon?
Lets say, they replace us with younger workers. what will be their salary? 50K or 75K. lets say 80 K. Chances are they are single. If they are married. Will their wife work immediately. If no, they are collecting taxes from him at a married rate while his spouse has no income. If his wife is educated, how long will she want to live on H4? If she doesnt get H1 will they both go back or stay here endlessly? Chickens (americans).
How much tax will they will pay? If they are on F1 EAD, even better, they dont even pay social security.
Of course we lost $$$$ income, but we are not in so much deep shit as US would be if they lose 1000 couples, just 2000 people.
Now lets say we go to India and undergo semi retirement. Fine, US companies maintain competitive advantage and they gain most. But if we decide to continue to excel, can not such 2000 start a formidably competitive business? Who wins? India or USA? Or will they start multiple businesses?
Its about the numbers. If 1 or 2 dont get GC , it doesnt matter. But if thousands are impacted, most of them smart people, it will hurt someone here or many ones.
What have we really asked for in return? Just a piece of plastic that will let us live and contribute like everyone else here.
They have a problem with that too. Bloody morons.
For how many years this game of making people fools will continue? Message spreads fast. I am already telling my junior relative what to expect in America.
I totally agree with you, but think about this.
For every couple who plan to leave, there are 5 couples anxious to replace them. Do you know the % of visas approved vs visa applicants?.The 5 couples could be from anywhere, not just from india where the economy is in good shape.
My point is that America does lose when someone goes back.But the loss is on a very very micro level----and replacement is not that difficult.
fruity
07-23 03:22 AM
I was also asked to resubmit ds230. my pd is dec 2005. With the VB being current now what are the probable dates for the OCt VB?
more...
mohitb272
09-13 11:18 AM
Guys, I wont be able to make it to DC since I have a FP appointment on that date but I made my contribution of $100. Good luck!!!
Business Name:
Immigration Voice (The recipient of this payment is Verified)
Email:
donations@immigrationvoice.org
--------------------------------------------------------------------------------
Total Amount:
-$100.00 USD
--------------------------------------------------------------------------------
Item Amount:
$100.00 USD
Shipping:
$0.00 USD
Handling:
$0.00 USD
Quantity:
1
Item Title:
Contributions
Item Number:
Contributions
Date:
Sep. 13, 2007
Time:
08:37:31 PDT
Status:
Completed
Business Name:
Immigration Voice (The recipient of this payment is Verified)
Email:
donations@immigrationvoice.org
--------------------------------------------------------------------------------
Total Amount:
-$100.00 USD
--------------------------------------------------------------------------------
Item Amount:
$100.00 USD
Shipping:
$0.00 USD
Handling:
$0.00 USD
Quantity:
1
Item Title:
Contributions
Item Number:
Contributions
Date:
Sep. 13, 2007
Time:
08:37:31 PDT
Status:
Completed
newuser
09-12 10:07 AM
I doubt how effective a letter campaign would be.
We did letter campaign's couple of times and it didn't bring any coverage or change.
I still believe a clock (backward or distorted) is a good idea.
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
We did letter campaign's couple of times and it didn't bring any coverage or change.
I still believe a clock (backward or distorted) is a good idea.
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
more...
jetguy777
01-21 11:10 AM
AabTuAgaGC and hopefullegalimmigrant Could you advise what date USCIS received your application for Advance Parole? Thanks
rmutyala
07-20 11:03 AM
Webb (D-VA), Nay :(
The guy who defeated George Allen, (remember the Macaca slur?)
The guy who defeated George Allen, (remember the Macaca slur?)
Jimi_Hendrix
08-01 04:02 PM
I have worked as a newspaper editor. I have very decent writing and editing skills. If you need help let me know.
GCOP
08-13 04:01 PM
I believe, as mentioned earlier by willwin; we should meet the congress members to win their support for Visa Recapture Bill. IV is requested to set up the date and meetings. We are ready to participate.
tinamatthew
07-20 12:57 PM
Hey make sure that I am right by talking to an attorney. They usually charge $150 for for this suggestion. Please spend that money. If you do not have that money, I will give you a loan. Pay me back once you start working.
:)
:)
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