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  #1 (permalink)  
Old 06-01-2007, 04:25 PM
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mangelschots will become famous soon enough
Default Rejection of visa petitions filed after May 15 2007

AILA (http://www.aila.org/) has an analysis of the immigration bill in an article "Top 5 Concerns Regarding Employment-Based Immigration in S. 1348":

there is a disturbing section in there:

Gaps in Green Card Availability Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.

Any validity to this claim ?
If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
Is this valid/legal ?
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  #2 (permalink)  
Old 06-01-2007, 04:31 PM
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No this does not apply to 485. It affects only immigrant 140 petition for alien worker.

Quote:
Originally Posted by mangelschots
AILA (http://www.aila.org/) has an analysis of the immigration bill in an article "Top 5 Concerns Regarding Employment-Based Immigration in S. 1348":

there is a disturbing section in there:

Gaps in Green Card Availability Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.

Any validity to this claim ?
If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
Is this valid/legal ?
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  #3 (permalink)  
Old 06-01-2007, 04:31 PM
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I may be wrong but this is just an omission in the language of the bill. The effective date was stated as the date the bill is introduced, I guess it will change to some thin like when it is signed in to law or sixty days or 180 days from that date. As I said I could be wrong, but it seemed unfair and not right to make it effective retroactively.

Note : this is for 140s only and not for AOS.
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  #4 (permalink)  
Old 06-01-2007, 04:37 PM
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Default What about approved 140s but waiting to apply for 485

Does this mean no new Labors? or no new I-140s? or no new I-485s after May 2007. Someone with more information please clarify.
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  #5 (permalink)  
Old 06-01-2007, 04:37 PM
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Quote:
Originally Posted by mangelschots
AILA (http://www.aila.org/) has an analysis of the immigration bill in an article "Top 5 Concerns Regarding Employment-Based Immigration in S. 1348":

there is a disturbing section in there:

Gaps in Green Card Availability Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.

Any validity to this claim ?
If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
Is this valid/legal ?
Maybe for new L/C filings .. can anyone look at this interpretation??
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  #6 (permalink)  
Old 06-01-2007, 04:46 PM
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THIS IS VALID ONLY IF THE CIR BILL BECOMES A LAW IN ITS CURRENT FORM....

From what I know (largely due to the posts on these forums), if your I-140 was not filed by May 15th 2007, you will have to reapply for your GC in the new system.

LC or I-485 is not relevant here. The cutoff date is determined by your I-140 filing date.

Also, between May 15th 2007 and October 1st 2008 (likely), no new I-140s can be applied. Thus, it would make no sense to apply for a LC either. USCIS will only process backlogged I-485 cases and issue green cards.

Finally, it is really unfair for them to set this cutoff date retroactively. But it is legal for them to do this. Can't sue them for it.

Hope this clears things.

Thanks,
Jayant

Last edited by PD_Dec2002; 06-01-2007 at 04:50 PM.
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  #7 (permalink)  
Old 06-01-2007, 04:53 PM
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Default Sorry to interrupt your discussion

Senior members could you please encourage new and junior members to:
send more web faxes
make contributions


thank you
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  #8 (permalink)  
Old 06-01-2007, 04:59 PM
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Quote:
Originally Posted by PD_Dec2002
THIS IS VALID ONLY IF THE CIR BILL BECOMES A LAW IN ITS CURRENT FORM....

From what I know (largely due to the posts on these forums), if your I-140 was not filed by May 15th 2007, you will have to reapply for your GC in the new system.

LC or I-485 is not relevant here. The cutoff date is determined by your I-140 filing date.

Also, between May 15th 2007 and October 1st 2008 (likely), no new I-140s can be applied. Thus, it would make no sense to apply for a LC either. USCIS will only process backlogged I-485 cases and issue green cards.

Finally, it is really unfair for them to set this cutoff date retroactively. But it is legal for them to do this. Can't sue them for it.

Hope this clears things.

Thanks,
Jayant

But this generally applies to people affected by retrogression. If one isn't affected by retrogression, applies for I-140 after 5/15/2007 and gets green card before 10/1/2008 (which is possible) then that person should be ok, is that right?
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  #9 (permalink)  
Old 06-01-2007, 05:02 PM
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In such cases you need not worry - as the law only kicks in sometime in oct 08 - again the language is not certain until the time the president signs it - More changes are possible in the house if the senate passes it - The conference committee may again change the text
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  #10 (permalink)  
Old 06-01-2007, 05:10 PM
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Quote:
Originally Posted by srt57
But this generally applies to people affected by retrogression. If one isn't affected by retrogression, applies for I-140 after 5/15/2007 and gets green card before 10/1/2008 (which is possible) then that person should be ok, is that right?
My guess is that while processing the I-485, they will check the filing date for the I-140. If it was filed before May 15th 2007 and the PD is current, they will process it. If it was filed after May 15th 2007, then they won't process the I-485 since the I-140 is invalid.

Thanks,
Jayant
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  #11 (permalink)  
Old 06-01-2007, 05:19 PM
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delhirocks will become famous soon enough
Default Iam screwed

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
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  #12 (permalink)  
Old 06-01-2007, 05:46 PM
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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.
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  #13 (permalink)  
Old 06-01-2007, 06:02 PM
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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.

Quote:
Originally Posted by k2006
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.
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"All the problems we face in the United States today can be traced to an unenlightened immigration policy on the part of the American Indian."
- Pat Paulsen
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  #14 (permalink)  
Old 06-01-2007, 06:04 PM
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Default Am I in trouble

My PD EB3 01/15/2005
Applied I140 PP 05/18/2007
Approved I140 05/23/2007

Man I am screwed
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  #15 (permalink)  
Old 06-01-2007, 06:07 PM
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Talking You replied to your question

Dont worry nothing is passed to become law enjoy your day.
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