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  #1 (permalink)  
Old 04-25-2006, 09:32 AM
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Default Priority Date => Date of Arrival in US???

Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
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  #2 (permalink)  
Old 04-25-2006, 09:46 AM
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black_logs is on a distinguished road
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It is a very good idea. Countries which gives Permanent Residency based on the numbers of years stayed, I believe that is what they must be considering as priority date. U.S. immigration system was discovered by Einsteins & Newtons; There are 1000's fo laws & regulation. And look what's the outcome. A person could be waiting for 10 years and another person can get it right away if he/she can find a good old labor
Quote:
Originally Posted by rajeev_74
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
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  #3 (permalink)  
Old 04-25-2006, 09:56 AM
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guy03062 is a glorious beacon of light guy03062 is a glorious beacon of light guy03062 is a glorious beacon of light guy03062 is a glorious beacon of light guy03062 is a glorious beacon of light
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It is absolutely make sense. We should push amendment for PD to be considered as date of arrival in USA (first time) or may be date on which one has started working (if employment based immigration). It is ridiculous to have PD based on labor, as there is no certainity when will employer file the labor or how many times in this dynamic environment!!

Also we should ask if one's I-140 is approved and visa is retrogressed, he should allow portability immediately! I mean no need to start GC process all over again if such person change the job.

Quote:
Originally Posted by rajeev_74
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
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  #4 (permalink)  
Old 04-25-2006, 09:57 AM
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abhaykul is on a distinguished road
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We should take up this point when we talk/write to lawmakers and media. What does the core team think ?
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  #5 (permalink)  
Old 04-25-2006, 10:16 AM
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songlan is on a distinguished road
Default too good to be true = never happend in US

Pushing too much requests into amendends means to get more risks to be removed /denied. Please satisfiy with 1/2 what you are dreaming of. Moreover, IV core group is too much busy with the existing goals (Existing goal = file 485 despite the "current date" , h4 wifes get EAD ...). IV core group need energy for the more realistic goal.
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  #6 (permalink)  
Old 04-25-2006, 10:22 AM
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I agree, even though its a good idea, we need to be focussed and go with what is achievable. If we get side tracked, we may not get anything accomplished.
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  #7 (permalink)  
Old 04-25-2006, 10:52 AM
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mrajatish will become famous soon enough mrajatish will become famous soon enough
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This makes a lot of sense and so does the fact that GC wait times for EB immigrants be considered as part of citizenship waittime after 140 is appoved. However, let us do this in parts, let us get the basics right before we build a castle.

Without simple effective legislations like filing for 485, increase in total numbers etc, we are talking about inhuman suffering for everyone.

I came in 1999, my friend came in 2000, he has GC, I am in 140 stage, is that fair, of course not. But then life is not fair in lots of things, and we got make things work for us.

Let us concentrate on our agenda for the time being.
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  #8 (permalink)  
Old 04-25-2006, 10:56 AM
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guy03062 is a glorious beacon of light guy03062 is a glorious beacon of light guy03062 is a glorious beacon of light guy03062 is a glorious beacon of light guy03062 is a glorious beacon of light
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Well there is definite gain for people who came here earlier which is more fair system. For example, I came in USA in 12/1997 but my PD is 06/2005. If someone who came to USA in 2003 (after 5 years I came) and is lucky to apply GC...lucky to get his labor+140 approved, he would get PD earlier than me!!

Quote:
Originally Posted by Communique
It may not help at all.
Chances are once you make the arrival date as the priority date, USCIS/DOS would set the cut-off dates to reflect the earlier PD's. For example if it is now May 2001, it could retrogress to May 1995. I don't see any gains there.
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  #9 (permalink)  
Old 04-25-2006, 11:07 AM
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songlan is on a distinguished road
Default Consults the lobby firm !

Is it better if we ask for consults from Quinn Gillespie & Associates. I mean the strategy issues.
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  #10 (permalink)  
Old 04-25-2006, 11:28 AM
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ilwaiting is on a distinguished road
Thumbs up Way to go

I was and is always a believer that PD should be the date a person started working on H1B. In this way fair treatment can be given to immigrants who are here "legally" and paying tens and thousands of dollars in taxes each year. The current immigration reform is broken. I was working in US since 1998 and was on H1B status since then. Due to simple twist of fate I had to move because my old employer was not doing well. I'm sure there are thousands of others like me.

In enacting this law it would actually help USCIS itself help them in adjudicating cases. Moreover USCIS has complete entry exit record of employees and easy to adjudicate who was in or out of status on H1B/or any work visa.

Think about it. When USCIS can allow a person who came in 2004/2005 get ahead me in the EB queue simply by using a substituted labor with an older PD and jumping in front of queue before me which "I think is unfair". I wonder why USCIS can't justify giving PD based on when a person started working on H1B visa(dual intent visa).

Mind boggling and troubling immigration laws




Quote:
Originally Posted by rajeev_74
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!

Last edited by ilwaiting; 04-25-2006 at 12:44 PM.
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  #11 (permalink)  
Old 04-25-2006, 11:52 AM
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ilwaiting is on a distinguished road
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Well, It might make the PD's retrogress bit further. but atleast it would give people fair treatment.


Quote:
Originally Posted by Communique
It may not help at all.
Chances are once you make the arrival date as the priority date, USCIS/DOS would set the cut-off dates to reflect the earlier PD's. For example if it is now May 2001, it could retrogress to May 1995. I don't see any gains there.
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  #12 (permalink)  
Old 04-25-2006, 12:04 PM
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gonecrazyonh4 is on a distinguished road
Thumbs up Good Thinking on priority date

My husband has been working on H1B with a leading company in USA since early 2000. Our Labor was filed in March 2005 and is stuck at BEC. I am on H4 and am not able to work or contribute.

One of our friends starting working in USA through a consultant in late 2004. Filed his I-140 directly with a substitute PD in June 2005. They received their EAD same year in October 2005 and received his physical Green card on February 2006 . He used a priority date of 1999 due to his substitute PD. Now he is a free bird and can move jobs, his wife can work and they receive all the benefits of green card.

How fair can this be?

We are unable to move, take up a better job, receive a promotion or take up fulltime studies even after getting admission in best Universities due to our Visa situation.

Sweeping changes are necessary in immigration rules and the date the person starts to work on H1B should be considered as the priority date. It will eliminate lot of corruption and reward those who truly contribute to the economy.
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  #13 (permalink)  
Old 04-25-2006, 12:05 PM
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vgayalu is a jewel in the rough vgayalu is a jewel in the rough vgayalu is a jewel in the rough
Default Nice proposal

Yes . It is nice proposal to take the arrival date as priority date.

Some guys are applying from different states than where they work or living and get processed very quickly. some states are being delayed. So Taking the arrival date as priority date is genuine and fair.

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  #14 (permalink)  
Old 04-25-2006, 12:12 PM
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ChainReaction is on a distinguished road
Default Re:Arrival date as PD

Isn't that what senate is proposing forthe illegal that those who are inthe country for more than 5 yrs get special treatment compared to those who came 2yrs ago, so why that can't be applicable for Legal Immigrants?
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  #15 (permalink)  
Old 04-25-2006, 12:21 PM
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Xipe Totec is on a distinguished road
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Quote:
Originally Posted by mrajatish
This makes a lot of sense and so does the fact that GC wait times for EB immigrants be considered as part of citizenship waittime after 140 is appoved.
I think that wait time should be counted from the PD, since it's really not my fault that my stupid LC is pending since 2002! So I don't see why someone waiting with I140 approved since, say 2004, should become a citizen faster then someone who only gets a change to file I140 in 2006. Not fair at all!
Applying for the LC, I believe, is a sufficient proof that a person intends to stay in the country.
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