ind_game
05-13 11:15 PM
was ur first MTR denied in error?
as per you, your I-140 was never denied.
Here is the exact wording from NSC. I have deleted all the irrelevant matter
For I-485 Denial:
You are applying on the basis of I-140, Petition for Immigration for Immigration Worker, filed on your behalf. However, record contains no evidence that a visa petition has been approved on your behalf. Since the record does not contain evidence that a visa petition has been approved in your behalf, your application is hereby denied.
For first MTR Denial:
However, it is noted that the Application to Adjust Status was filed on July 2, 2007 and Immigration Petition for Alien Worker was denied on September 4, 2007. Your application was only pending 2 months before the decision was made on the Immigration Petition for Alien Worker. You cannot port once the immigrant petition has been denied. Therefore, your motion is dismissed.
as per you, your I-140 was never denied.
Here is the exact wording from NSC. I have deleted all the irrelevant matter
For I-485 Denial:
You are applying on the basis of I-140, Petition for Immigration for Immigration Worker, filed on your behalf. However, record contains no evidence that a visa petition has been approved on your behalf. Since the record does not contain evidence that a visa petition has been approved in your behalf, your application is hereby denied.
For first MTR Denial:
However, it is noted that the Application to Adjust Status was filed on July 2, 2007 and Immigration Petition for Alien Worker was denied on September 4, 2007. Your application was only pending 2 months before the decision was made on the Immigration Petition for Alien Worker. You cannot port once the immigrant petition has been denied. Therefore, your motion is dismissed.
swede
06-30 09:40 AM
Got my LC approved June 05 2006.
Took only (!) 4 years from first application...
DOL recevied: Dec 5, 2002.
Got my 45 day letter in Feb 2005.
EB3-RIR
Filed in Philly DOL.
3 others from the same company got theirs LC approved 2.5 years ago and 2 of them have their green card since a year ago. And Im the only one with a US masters degree. Great system...
Took only (!) 4 years from first application...
DOL recevied: Dec 5, 2002.
Got my 45 day letter in Feb 2005.
EB3-RIR
Filed in Philly DOL.
3 others from the same company got theirs LC approved 2.5 years ago and 2 of them have their green card since a year ago. And Im the only one with a US masters degree. Great system...
tikka
07-18 04:22 PM
Made my first (small) contribution of $100 today !!
Google order no. - 952531454379821
Many thanks to all of IV members !!!
Thank you so much for your contribution:)
Google order no. - 952531454379821
Many thanks to all of IV members !!!
Thank you so much for your contribution:)
javadeveloper
08-14 05:33 PM
USCIS should come up with strategy like if you are in US for 'X' years and if your 485 pending for 'Y' years and if you own a house worth 'XXX$' , then they should give GCs irrespective of Category(Eb1,Eb2,Eb3,Eb4 etc..)
more...
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).
fromnaija
06-01 05:02 PM
All this is speculative. Nothing is firm until this becomes law. Nobody knows what the final version will be as there are tons of amendments trailing this bill.
The current form of the bill states that only those with approved I-140 as of date of introduction will be processed under existing laws. Those with approved LC who filed 140 after the introduction date will have to re-apply under the merit based system.
I have a question here. If this bill becomes law in its current form what happens to those I-140 filed on May 15, 2007 itself. Can they saty in old system or they have to go to the new system ? I looked into AILA interpretation but its not clear about those are filed on May 15, 2007 itself.
The current form of the bill states that only those with approved I-140 as of date of introduction will be processed under existing laws. Those with approved LC who filed 140 after the introduction date will have to re-apply under the merit based system.
I have a question here. If this bill becomes law in its current form what happens to those I-140 filed on May 15, 2007 itself. Can they saty in old system or they have to go to the new system ? I looked into AILA interpretation but its not clear about those are filed on May 15, 2007 itself.
more...
americandesi
06-25 05:35 PM
I agree with mpadapa,albertpinto and other folks.
US is going to gain something.
- We are staying in the apartment more than 8-9 years, we want to live in the own house but we cannot buy a house.
- We have some idea and we want to implement it but we cannot do it.
- We want to send our kids in the private school but we are sending in the public school and charted school.
- We want to go for MBA/Higher education on own expense but we cannot do it.
- We want to buy 57-60 inch LCD TV and other luxorious items but We cannot buy it.
- We want to go on the Vacation/Home country but we cannot go.(Visa restriction for people whose H1 is expired or working on the EAD)
Money is required for all above items. Each item will give at least micro level boost up to the US economy. But without GC we cannot spend/invest our hard earned money. Because we don't know what is going to happen of our status tomorrow.
Another most important things, when we came to this country most of us were mid twenties and now most of us are mid thirties. We earned money but we gave best of time of our life to this country.
I would like to share some real life experiences from my friends so that we can debate the questionable topic of what America is losing by prolonging immigration benefits.
1) Friend A – (Current status - H1B) Came to US in 1999 for his higher education and later joined a Fortune 500 company on H1b. In early 2006, he quit and started a consulting company with his GC friend and transferred his H1 to the same company. He applied for his I-140+I-485 during the July fiasco and got his I-140 approved in May 2008. Currently there are 15 employees working for his company and the annual revenues stand at around $1 million. He is also planning to start offshore operations in the near future.
2) Friend B – (Currently in India) – Came to US during the Y2K era and later joined a Fortune 500 company as a consultant on H1B and immediately purchased a 3 bedroom home. He stayed in one of the rooms and leased the other 2 rooms to his friends and used the rental income towards mortgage payment. Four years later he sold his home for a hefty profit, left for India and started an offshore consulting company.
3) Friend C – (Current Status - TN) – Came to US during the Y2K era on L1 through a top MNC from India. Since his employer wasn’t sponsoring his GC, he applied for Canadian PR and got the same by 2003. He relocated to Canada, got his citizenship and joined a Fortune 500 company in US on TN visa. He’s not bothered about US GC at all as his Canadian passport provides unrestricted visa free access to 125 countries around the world.
4) Friend D – (Current Status – H1B) – Currently works for a Fortune 500 company as a consultant on H1B. He lives in a posh apartment and drives a Mercedes C class sport sedan though his GC process is not even initiated.
5) Friend E - (Current Status - US GC holder) - Came to US during the Y2K era and got his GC in 2003. Currently lives in a single bedroom apartment with his wife/kids and is known for frugal life style in spite of living in US for almost 10 years. So much is his frugality that he postponed purchasing a $500 worth laptop for many months so that he could save money towards his India trip. He still drives a late 90’s run down Honda Civic.
6) Friend F - (Current Status - US Citizen) - Came to US during the Y2K era and got his GC in 2002 and US citizenship in 2007. Currently earns close to $100K, but still lives in a single bedroom apartment with a frugal life style. As far as I know he had never washed his car (late 90’s Honda) and avoids eating out.
7) Friend G - (Current Status - US Citizen) - Came to US during the Y2K era and got his GC in 2002 and US citizenship in 2007. He purchased a 3 bedroom home even when his I-485 was pending and currently lives a normal life style just like many of us and plans to retire in India.
Hence the underlying fact is that, there’s no relationship between a person’s immigration status and his/her contribution to America and it’s crazy to believe that people will go on a spending spree or start companies as soon as they receive GC’s.
BTW I’ve got a Home Theater at my apartment and my current status is H1B with pending I-140 + I-485 :)
US is going to gain something.
- We are staying in the apartment more than 8-9 years, we want to live in the own house but we cannot buy a house.
- We have some idea and we want to implement it but we cannot do it.
- We want to send our kids in the private school but we are sending in the public school and charted school.
- We want to go for MBA/Higher education on own expense but we cannot do it.
- We want to buy 57-60 inch LCD TV and other luxorious items but We cannot buy it.
- We want to go on the Vacation/Home country but we cannot go.(Visa restriction for people whose H1 is expired or working on the EAD)
Money is required for all above items. Each item will give at least micro level boost up to the US economy. But without GC we cannot spend/invest our hard earned money. Because we don't know what is going to happen of our status tomorrow.
Another most important things, when we came to this country most of us were mid twenties and now most of us are mid thirties. We earned money but we gave best of time of our life to this country.
I would like to share some real life experiences from my friends so that we can debate the questionable topic of what America is losing by prolonging immigration benefits.
1) Friend A – (Current status - H1B) Came to US in 1999 for his higher education and later joined a Fortune 500 company on H1b. In early 2006, he quit and started a consulting company with his GC friend and transferred his H1 to the same company. He applied for his I-140+I-485 during the July fiasco and got his I-140 approved in May 2008. Currently there are 15 employees working for his company and the annual revenues stand at around $1 million. He is also planning to start offshore operations in the near future.
2) Friend B – (Currently in India) – Came to US during the Y2K era and later joined a Fortune 500 company as a consultant on H1B and immediately purchased a 3 bedroom home. He stayed in one of the rooms and leased the other 2 rooms to his friends and used the rental income towards mortgage payment. Four years later he sold his home for a hefty profit, left for India and started an offshore consulting company.
3) Friend C – (Current Status - TN) – Came to US during the Y2K era on L1 through a top MNC from India. Since his employer wasn’t sponsoring his GC, he applied for Canadian PR and got the same by 2003. He relocated to Canada, got his citizenship and joined a Fortune 500 company in US on TN visa. He’s not bothered about US GC at all as his Canadian passport provides unrestricted visa free access to 125 countries around the world.
4) Friend D – (Current Status – H1B) – Currently works for a Fortune 500 company as a consultant on H1B. He lives in a posh apartment and drives a Mercedes C class sport sedan though his GC process is not even initiated.
5) Friend E - (Current Status - US GC holder) - Came to US during the Y2K era and got his GC in 2003. Currently lives in a single bedroom apartment with his wife/kids and is known for frugal life style in spite of living in US for almost 10 years. So much is his frugality that he postponed purchasing a $500 worth laptop for many months so that he could save money towards his India trip. He still drives a late 90’s run down Honda Civic.
6) Friend F - (Current Status - US Citizen) - Came to US during the Y2K era and got his GC in 2002 and US citizenship in 2007. Currently earns close to $100K, but still lives in a single bedroom apartment with a frugal life style. As far as I know he had never washed his car (late 90’s Honda) and avoids eating out.
7) Friend G - (Current Status - US Citizen) - Came to US during the Y2K era and got his GC in 2002 and US citizenship in 2007. He purchased a 3 bedroom home even when his I-485 was pending and currently lives a normal life style just like many of us and plans to retire in India.
Hence the underlying fact is that, there’s no relationship between a person’s immigration status and his/her contribution to America and it’s crazy to believe that people will go on a spending spree or start companies as soon as they receive GC’s.
BTW I’ve got a Home Theater at my apartment and my current status is H1B with pending I-140 + I-485 :)
ziri
07-20 06:54 PM
During the failed CIR bill people here were praising Sen. Sessions for supporting legal immigration and I almost shed tears because deep in my heart I know how they hate immigrants both legal and illegal. The only way we can expect relief is a good comprehensive immigration bill but not from ammendments on other bills like the now defense bill.
more...
ash0210
06-03 12:55 PM
Bodran, pl file your I-140 and your & sons I-485 immediatly..I am sure your I-140 will NOT take 2 years (as you are in EB3 ROW) to approve by which your son will be protected before he turns to be 21.
So, hurry up & file I-140/I485 ASAP and your son will be safe under CSPA (Child Status Protection Act). Also, pl read CSPA rule..I remember it was published on Feb 14, 2003...pl check..
Hope this helps..
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
So, hurry up & file I-140/I485 ASAP and your son will be safe under CSPA (Child Status Protection Act). Also, pl read CSPA rule..I remember it was published on Feb 14, 2003...pl check..
Hope this helps..
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
krishmunn
02-24 10:00 AM
If one can handle stress, anxiety and trauma while waiting for GC, then its worth waiting. If not, people like me start looking at options. I applied for Canadian PR in 2008 and just did CDN landing last week which gave my family feel of "cold weather".
I will be completing my 5 years stay in USA this spring. Same story here - I never visited my home country since there is a lot of uncertainty around getting back.
We are 100% sure that we don't want to continue living in USA. Now its matter of time, until summer 2010, that we move on. Just not sure yet - whether it is my home country or Canada. If I get a job back home in India, I would love to do that. From what I have heard from friends, and from recruiters response, in home country, I think economy is picking up. I hope to get some decent job offer based on my unique job profile; if it doesn't work, we will move on to Canada.
Bhattji
I am planning to do the same ... apply for CDN PR. How much time did it take for you ? Also, much time do they allow for landing ? Do you need a US Visa to return after CDN Landing ?
I will be completing my 5 years stay in USA this spring. Same story here - I never visited my home country since there is a lot of uncertainty around getting back.
We are 100% sure that we don't want to continue living in USA. Now its matter of time, until summer 2010, that we move on. Just not sure yet - whether it is my home country or Canada. If I get a job back home in India, I would love to do that. From what I have heard from friends, and from recruiters response, in home country, I think economy is picking up. I hope to get some decent job offer based on my unique job profile; if it doesn't work, we will move on to Canada.
Bhattji
I am planning to do the same ... apply for CDN PR. How much time did it take for you ? Also, much time do they allow for landing ? Do you need a US Visa to return after CDN Landing ?
more...
chanduv23
07-06 12:33 PM
Please update your profiles on IV if you have not done so - thanks
bigboy007
06-03 09:52 AM
Looks like but i went on to current text and just said what they want it to be , and got up with it. and hence i have posted the paragraphs of previous laws as well.
more...
virald
10-01 05:20 PM
Let us wait for the statement from USCIS
Which statement are you talking about? Was there any intimation from USCIS that a statement will be released?:confused:
Which statement are you talking about? Was there any intimation from USCIS that a statement will be released?:confused:
conchshell
06-05 01:09 PM
I am keeping an eye on the funding drive... and it seems that there is progress but somewhat slow. I think we need new ideas to promote the same. What about giving IV T-Shirts to all those who contribute $100+ for our 20K to 50K drive?
more...
abhijitp
07-06 09:47 AM
Can anyone post the email of the reporter?
http://topics.nytimes.com/top/reference/timestopics/people/p/julia_preston/index.html?inline=nyt-per
Then click on Send an email to Julia Preston
The following page comes up:
Send a Message to JULIA PRESTON
Delivery of this e-mail may be delayed. If you need to reach The Times immediately, please call 212-556-1234.
Your name:
Your Email Address:
Your Message:
URL of article related to your message:
<button>Click to send message</button>
http://topics.nytimes.com/top/reference/timestopics/people/p/julia_preston/index.html?inline=nyt-per
Then click on Send an email to Julia Preston
The following page comes up:
Send a Message to JULIA PRESTON
Delivery of this e-mail may be delayed. If you need to reach The Times immediately, please call 212-556-1234.
Your name:
Your Email Address:
Your Message:
URL of article related to your message:
<button>Click to send message</button>
immi_seeker
09-28 10:10 PM
This is very bad . considering the fact that people have been put in to this endless wait of retrogression. FY2006 they wasted 11k visas and the whole year dates were retrogressed for most of the countries
more...
lost
09-07 10:36 AM
I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
Thanks all.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
Did your parents file for GC? What is their status now?
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
Thanks all.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
Did your parents file for GC? What is their status now?
peyton sawyer
08-02 08:30 AM
hey..
sorry wasn't able to notice we have the same inquiry about ds230..
anyway, you can check your case status thru automated phone system, check out the phone number in the accompanying letter you got from nvc lately.. just use touch-tone telephone
sorry wasn't able to notice we have the same inquiry about ds230..
anyway, you can check your case status thru automated phone system, check out the phone number in the accompanying letter you got from nvc lately.. just use touch-tone telephone
Macaca
09-11 12:11 PM
Just made contribution of 500$
No person was ever honored for
what he received.
Honor has been the reward for
what he gave
Calvin Coolidge
No person was ever honored for
what he received.
Honor has been the reward for
what he gave
Calvin Coolidge
gsrknth
07-14 02:55 PM
Great Idea.
Confirmation: 7YB6J-R6KW8
Confirmation: 7YB6J-R6KW8
makemygc
07-06 01:58 PM
me too. Personally I think Australia might have better weather but Canada is closer
How about newzealand?
How about newzealand?
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