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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 01-03-2007, 04:58 PM
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Default Supplemental resolution bill goals

I think its good idea to try to add just one demand i.e. I-485 filing provision without current priority date into Supplemental resolution bill. But I think it will be really nice to try to get ability to change employer without waiting for six months(after filing 485) into the bill also. So that person can invoke AC21 without waiting for six months. I think both of these provisions go hand in hand.

Does anybody know when the next session is starting and when are they going to start discussing this bill and when will we be able to find out if our provisions are there or not?
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  #2 (permalink)  
Old 01-03-2007, 05:26 PM
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Thursday, Jan 4, 2007.
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  #3 (permalink)  
Old 01-03-2007, 05:28 PM
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i think tomorrow, but i am not shore sure
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  #4 (permalink)  
Old 01-03-2007, 05:36 PM
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I am sure we'll all hear from IV core team when it's time to start our phone and fax campaign in support of this or any other beneficial EB provisions to be included in the supplemental bill, if it ever happens of course.

I believe this is where IV stands in terms of strategy:

For minor/intermediate relief: Supplemental bills.
For major relief: SKILL Bill
For everything else: There is CIR
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  #5 (permalink)  
Old 01-03-2007, 05:47 PM
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GotGC?? is on a distinguished road
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Webfax: $0
Contribution to IV: $100
Coercing your friends to join & contribute: $240
Getting a GC: Priceless


Quote:
Originally Posted by GCard_Dream
I am sure we'll all hear from IV core team when it's time to start our phone and fax campaign in support of this or any other beneficial EB provisions to be included in the supplemental bill, if it ever happens of course.

I believe this is where IV stands in terms of strategy:

For minor/intermediate relief: Supplemental bills.
For major relief: SKILL Bill
For everything else: There is CIR
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  #6 (permalink)  
Old 01-03-2007, 06:06 PM
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GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future GCard_Dream has a brilliant future
Default

That sounds about right except "Contribution to IV" may have to increase from $100 to something more or every single member needs to contribute, which unfortunately isn't happening.

I am not sure what non-contributing members are waiting for. May be they need to ask their financial advisor if few hundred dollars of investment for their greencard isn't the best investment they can ever make. We would rather pay thousands of dollars in visa extensions but wouldn't contribute hundred dollars to IV so that we can have a GC faster. If this is not poor money management, I wonder what is.

Quote:
Originally Posted by GotGC??
Webfax: $0
Contribution to IV: $100
Coercing your friends to join & contribute: $240
Getting a GC: Priceless
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  #7 (permalink)  
Old 01-03-2007, 06:27 PM
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Quote:
Originally Posted by GotGC??
Webfax: $0
Contribution to IV: $100
Coercing your friends to join & contribute: $240
Getting a GC: Priceless
nice one!
you should be in advertising.
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  #8 (permalink)  
Old 01-03-2007, 07:13 PM
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I am not sure the supplimental bill helps much to provide relief. it would basically create bunch of more backlogs at CIS and would even make 6 months to 1 year for EAD appoval , causing more backlog.
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  #9 (permalink)  
Old 01-03-2007, 07:49 PM
Senior Member
Priority Date
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Mar-04
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Default Not really

It will help. I will give you an practical example.

I filed my GC two months later than my colleagues. Fortunately they filed 485 and hit the retrogression. I did not get to that step. Now it is almost two years after they have filed their 485. Just because they have crossed that stage, they are considered for promtion and I am not though I have better experience and certifications. They bought houses and their spouses work.

My company is ready to promote me to higher position if I can cross that 180days mark after 485 filing. If I had promoted to leadership / managerial position, it would weigh more when I apply for MBA. I will have lesser headache at home if my spouse can work and lot more.

The best part of filing is, you could get EAD even if the 485 is pending and backlogged. You have to do nothing other than filing to get all the above perks. No need to get it approved. Let it get stuck anywhere, none can predict that. You have to cross this stage no matter what and why not at the earliest. No one can assure you even after the SKIL/CIR passage that you will not get stuck with name check / RFE /USCIS backlog etc. Why to wait then?

Quote:
Originally Posted by go2roomshare
I am not sure the supplimental bill helps much to provide relief. it would basically create bunch of more backlogs at CIS and would even make 6 months to 1 year for EAD appoval , causing more backlog.
__________________
PD march 2004
1st 140 approved.
2nd 140 approved on Sep 5,2007.
(me and my spouse below)
485 - Filed on July 2,2007
485 - ND - Aug 08,2007
FP - Sep 06.
EAD - Oct 1st

Contributing 10 or 20 is always a pain when you have the option of getting it free.

Pledge: I am contributing monthly $25 to IV
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  #10 (permalink)  
Old 01-03-2007, 08:04 PM
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Sep-04
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Default I dont think you can do that

If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.

Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.

I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)

You may want to check this part before accepting that promotion.

For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
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  #11 (permalink)  
Old 01-03-2007, 10:09 PM
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I140 Mailed Date
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"invoke AC21 without waiting for six months" - I completely agree , that is a great idea if IV feels it is not asking for too much in one bill.

Quote:
Originally Posted by nuke
I think its good idea to try to add just one demand i.e. I-485 filing provision without current priority date into Supplemental resolution bill. But I think it will be really nice to try to get ability to change employer without waiting for six months(after filing 485) into the bill also. So that person can invoke AC21 without waiting for six months. I think both of these provisions go hand in hand.

Does anybody know when the next session is starting and when are they going to start discussing this bill and when will we be able to find out if our provisions are there or not?

Last edited by h1b_slave; 01-03-2007 at 11:31 PM.
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  #12 (permalink)  
Old 01-03-2007, 10:26 PM
pcs pcs is offline
Senior Member
Priority Date
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Sep-05
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I140 Mailed Date
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10/01/2005
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Default Do you absolutely have to work for 180 days after filing ??

Can you get AC 21 advantage if you just wait ( NOT WORK in case of a friendly past employer) after filing 485 ?

Is it necessary to work for 180 days ?


If working for 180 days is not required then, one can work for someone else on H1B & file 485 from the past employer. After 180 days of filing, one could use AC21 to move from one job to another.

Can some one give expert advise ?


Thanks
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  #13 (permalink)  
Old 01-03-2007, 10:35 PM
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I think, last week, two threads were locked due to very hot discussion on this issue. This discussion will create more heat again.


Quote:
Originally Posted by h1b_slave
"invoke AC21 without waiting for six months" - I completely agree , that is a great idea if it is not asking for too much.
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  #14 (permalink)  
Old 01-04-2007, 12:00 AM
Member
Priority Date
:
Apr-02
Category
:
EB3
I140 Mailed Date
:
09/20/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/02/2007
Compare
Join Date: Feb 2006
Posts: 40
h1b_slave will become famous soon enough h1b_slave will become famous soon enough
Default

Quote:
Originally Posted by raju123
I think, last week, two threads were locked due to very hot discussion on this issue. This discussion will create more heat again.
i guess my post was mis-interpreted so i have modified it to clarify it. what i meant was if IV considers it is not asking for too much - they feel it will not jeopardise "ability to file 485" provision then having AC21 advantage without waiting for six months would be like "sone pe suhaga"
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  #15 (permalink)  
Old 01-04-2007, 11:56 AM
Senior Member
Priority Date
:
Mar-04
Category
:
EB3
I140 Mailed Date
:
01/01/2006
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 816
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Default Are you sure on this one.

I have bunch of colleages who have filed 485 two years ago and they are all saying you can take different responsibilities. I thought they would have done better research on this one as they are at that stage. May be they are wrong.

I beleive their 485 is status is at "pending approval". Does anyone know what could be the possible final status for 485 during retrogression? This may be the decider for both AC21 and existing employer role change. Can anyone confirm this one?

Quote:
Originally Posted by logiclife
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.

Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.

I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)

You may want to check this part before accepting that promotion.

For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
__________________
PD march 2004
1st 140 approved.
2nd 140 approved on Sep 5,2007.
(me and my spouse below)
485 - Filed on July 2,2007
485 - ND - Aug 08,2007
FP - Sep 06.
EAD - Oct 1st

Contributing 10 or 20 is always a pain when you have the option of getting it free.

Pledge: I am contributing monthly $25 to IV
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