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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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  #16 (permalink)  
Old 05-29-2007, 01:07 PM
Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
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12/31/2004
Chargeability
:
India
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I-140
I485 Mailed Date
:
07/01/2007
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Posts: 83
ARUNRAMANATHAN will become famous soon enough
Default hmmm

Well all said and done ..... all these points would be the case if this bill passes and becomes the law.
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  #17 (permalink)  
Old 05-29-2007, 01:08 PM
Donor
Priority Date
:
Aug-08
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:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/30/2011
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Quote:
Originally Posted by janakp
May 21, 2007 is the ugly date.

If you are still in the Backlog elimination center, good luck to you. You will have to wait for point based system to start so that you can restart your green card all over again with millions of others from around the world.

If you don't have a greencard yet: This post will help you atain self realization about the greencard truth. Now start contributing to IV if you seriously think something should be done to solve this problem.

If you don't care: Get the hell out of this forum.
Janakp, very interesting posts. Let me ask you a couple of questions OK
1) you mentioned that once point system becomes active, H1bs who apply for GC will compete against millions of others from around the world, right? Can you tell me where IV stands on that issue? What is IV demand to handle this very critical issue for future / present H1bs who have not yet got an aproved 140 by the "UGLY DATE"? I think this is the only point that I personally would like to know about IVs stand on it. Please make an atempt to point out how IV is treating this issue. Also other core members could pls jump in to point out the IV stand on this issue. We need a special advantage for people with jobs / job offers from the US when applying for GC. The 6 points for employment is not enough, right??
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  #18 (permalink)  
Old 05-29-2007, 01:14 PM
Senior Member
Priority Date
:
Dec-03
Category
:
EB2
I140 Mailed Date
:
07/25/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/25/2007
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Join Date: Mar 2006
Posts: 113
PBECVictim will become famous soon enough
Default Read Carefully

Introduction of the title means, when it becomes law.(The date when it is signed by President). Don't count your own dates and misrpresent others.

(d) EFFECTIVE DATE.—
13
14 (1) IN GENERAL.—Subject to paragraph (2), the amendments
15 made by this section shall take effect on the first day of the
16 fiscal year subsequent to the fiscal year of enactment, unless
17 such date is less than 270 days after the date of enactment, in
18 which case the amendments shall take effect on the first day of
19 the following fiscal year.
20
21 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.—Petitions
22 for an employment-based visa filed for classification under
23 section 203(b)(1), (2), or (3) of the Immigration and Nationality
24 Act (as such provisions existed prior to the enactment of this
25 section) that were filed prior to the date of the introduction of
26 the [Insert title of Act] and were pending or approved at the time of
27 the effective date of this section, shall be treated as if such
28 provision remained effective and an approved petition may serve
29 as the basis for issuance of an immigrant visa.
Aliens with
30 applications for a labor certification pursuant to section
31 212(a)(5)(A) of the Immigration and Nationality Act shall
32 preserve the immigrant visa priority date accorded by the date
33 of filing of such labor certification application.

Last edited by PBECVictim; 05-29-2007 at 01:19 PM.
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  #19 (permalink)  
Old 05-29-2007, 01:16 PM
Donor
Priority Date
:
Aug-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/30/2011
Compare
Join Date: Apr 2007
Posts: 1,765
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Many people I saw were relieved when they realized they had filed before May 21st. However, we have to remember there are thousands of us who have not yet filed for the 140 and who are equally qualified and with good jobs. Shouldn't we be concerned for them too?
Another thing I would like to ask is: if a person has worked here in high speciality occupation, in high demand field / science & technology etc for lets say 4 years and decides to go to canada. If he / she then files for the GC at a later stage on getting a new H1b, will the previous years of work count towards the point system? or is there a requirement that the work be continuous for it to be get the points under STEM/high speciality job etc? Pls experts clarify on this issue also, because I am seriously considering leaving to canada and later on reenter on a new H1b. I have only filed for LC this February and not yet filed I140. I need suggestion from an expert on whether to stick on with the current petition or since it is going to be required to be refiled (Post UGLY May 21st 07 filing) whether to just trash it and start later (returning from canada). Thanks.
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  #20 (permalink)  
Old 05-29-2007, 01:21 PM
Senior Member
Priority Date
:
Dec-03
Category
:
EB2
I140 Mailed Date
:
07/25/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/25/2007
Compare
Join Date: Mar 2006
Posts: 113
PBECVictim will become famous soon enough
Default When it becomes law, they don't allow any more filings for I-140.

When it becomes law, they don't allow any more filings for I-140.

Quote:
Originally Posted by PBECVictim
Introduction of the title means, when it becomes law.(The date when it is signed by President). Don't count your own dates and misrpresent others.

(d) EFFECTIVE DATE.—
13
14 (1) IN GENERAL.—Subject to paragraph (2), the amendments
15 made by this section shall take effect on the first day of the
16 fiscal year subsequent to the fiscal year of enactment, unless
17 such date is less than 270 days after the date of enactment, in
18 which case the amendments shall take effect on the first day of
19 the following fiscal year.
20
21 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.—Petitions
22 for an employment-based visa filed for classification under
23 section 203(b)(1), (2), or (3) of the Immigration and Nationality
24 Act (as such provisions existed prior to the enactment of this
25 section) that were filed prior to the date of the introduction of
26 the [Insert title of Act] and were pending or approved at the time of
27 the effective date of this section, shall be treated as if such
28 provision remained effective and an approved petition may serve
29 as the basis for issuance of an immigrant visa.
Aliens with
30 applications for a labor certification pursuant to section
31 212(a)(5)(A) of the Immigration and Nationality Act shall
32 preserve the immigrant visa priority date accorded by the date
33 of filing of such labor certification application.
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  #21 (permalink)  
Old 05-29-2007, 01:46 PM
Banned
Priority Date
:
N/A
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:
N/A
I140 Mailed Date
:
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:
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Mar 2007
Posts: 23
gautamagg is on a distinguished road
Default

You are right Jazzy it is when the bill becomes law. We have some incompetent people interpreting it to be May 21 2007 because that is when the bill was introduced in the Senate. If you carefully read the introduction day referred to the bill means the day ir became law. I think people like logiclife and other Senior Members need to stop dispensing wrong information. It only hurts the larger cause. Lets get this bill reviewed by a real attorney and not people who are wannabe attorneys.
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  #22 (permalink)  
Old 05-29-2007, 01:46 PM
Junior Member
Priority Date
:
Oct-03
Category
:
EB2
I140 Mailed Date
:
02/23/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/21/2007
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Join Date: May 2007
Posts: 19
kevnss is on a distinguished road
Default May 21, 2007 is the ugly date

Sorry, I am kind of lost. I have applied GC in 2003 October, my I140 is approved last year. Do you think people like me also affected?

Thanks a bunch

Suri
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  #23 (permalink)  
Old 05-29-2007, 01:52 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
09/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/24/2007
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Join Date: Dec 2005
Posts: 1,503
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Default Everyone.

Quote:
Originally Posted by gautamagg
You are right Jazzy it is when the bill becomes law. We have some incompetent people interpreting it to be May 21 2007 because that is when the bill was introduced in the Senate. If you carefully read the introduction day referred to the bill means the day ir became law. I think people like logiclife and other Senior Members need to stop dispensing wrong information. It only hurts the larger cause. Lets get this bill reviewed by a real attorney and not people who are wannabe attorneys.
Everyone is free to interpret the bill text if they choose not the trust the core group's interpretation. Everyone is free to hire their own lawyer to interpret the proposed text of the law. No one from the core group is forcing anyone to believe our interpretation. Everyone is free to believe whatever they want to believe and interpret whatever they want to interpret.

Yellow pages is full of immigration attorneys. You are free to find your own lawyer to interpret the law and tell you the good or bad news about the cut-off date.
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  #24 (permalink)  
Old 05-29-2007, 01:55 PM
Member
Priority Date
:
Apr-03
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: May 2006
Posts: 33
jazzy2 is on a distinguished road
Default

thanks guatamagg.
i did not know "introduction" date,means date it becomes a law.
what a confusing word that is!!

i got this letter from my lawyer
Dear ..
No, that is not correct. The bill is still being debated and had not passed either the House or the Senate and has not been submitted to the President for signing. So the short answer is no, your I-140 is not going to be subjected to the proposed points system.

If you ahve any further questions or concerns, please feel free to contact our offices. Thank you and have a nice day!

my qestion was
There are views floating around in the internet regarding the new immigration bill being discussed currently in the senate that - if I140 has not been filed before May 21st 2007, it will not be considered under the current EB1/2 system and will have to go through the proposed point system. Can you please clarify on this?

Sincerely,
Quote:
Originally Posted by gautamagg
You are right Jazzy it is when the bill becomes law. We have some incompetent people interpreting it to be May 21 2007 because that is when the bill was introduced in the Senate. If you carefully read the introduction day referred to the bill means the day ir became law. I think people like logiclife and other Senior Members need to stop dispensing wrong information. It only hurts the larger cause. Lets get this bill reviewed by a real attorney and not people who are wannabe attorneys.
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  #25 (permalink)  
Old 05-29-2007, 01:55 PM
Senior Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
09/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
09/01/2005
Compare
Join Date: Nov 2006
Posts: 269
WillIBLucky will become famous soon enough
Default Why?

Quote:
Originally Posted by kevnss
Sorry, I am kind of lost. I have applied GC in 2003 October, my I140 is approved last year. Do you think people like me also affected?

Thanks a bunch

Suri
Why do you guys keep asking the same question when its very clearly written in the bill....those who have applied before May 21st 2007 can continue to be in the current process. Also, you can go to bill analysis done by IV and read yourself and understand.

It seems like everyone wants a direct answer from someone "NO, you are not screwed" to be relieved. Its waist of time. Instead if you have now become a member then you should try to be active wrt funds & support.

If you cannot understand what is written in the bill then you definetly are not qualified for Merit System as that means your english is poor. No offence. I meant this for everyone who is asking the similar question.

Last edited by WillIBLucky; 05-29-2007 at 02:01 PM.
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  #26 (permalink)  
Old 05-29-2007, 01:59 PM
Senior Member
Priority Date
:
Dec-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 1,395
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Default

Suri,
Could you take a min and send web-fax..

Thank you so much. Please reply when you done.



Quote:
Originally Posted by kevnss
Sorry, I am kind of lost. I have applied GC in 2003 October, my I140 is approved last year. Do you think people like me also affected?

Thanks a bunch

Suri
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  #27 (permalink)  
Old 05-29-2007, 02:02 PM
Senior Member
Priority Date
:
Dec-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 1,395
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Default

Very well said...Core team is working on these issue from last 2 years and they know better then anybody else here.
gautamagg, why don't you hire lawyer and ask for real text.. May be he can modify it the way you want..

How about sending some web-fax... Have you done that yet?




Quote:
Originally Posted by logiclife
Everyone is free to interpret the bill text if they choose not the trust the core group's interpretation. Everyone is free to hire their own lawyer to interpret the proposed text of the law. No one from the core group is forcing anyone to believe our interpretation. Everyone is free to believe whatever they want to believe and interpret whatever they want to interpret.

Yellow pages is full of immigration attorneys. You are free to find your own lawyer to interpret the law and tell you the good or bad news about the cut-off date.
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  #28 (permalink)  
Old 05-29-2007, 02:04 PM
Senior Member
Priority Date
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Sep-05
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EB2
I140 Mailed Date
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Nepal
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I485 Mailed Date
:
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.. and for those of you who have no faith on core team interpretation of the law and are actually willing to pay an attorney for interpretation, please come back and post the information you have gathered from your attorney. It might be helpful to wanna be attorneys.

Quote:
Originally Posted by logiclife
Everyone is free to interpret the bill text if they choose not the trust the core group's interpretation. Everyone is free to hire their own lawyer to interpret the proposed text of the law. No one from the core group is forcing anyone to believe our interpretation. Everyone is free to believe whatever they want to believe and interpret whatever they want to interpret.

Yellow pages is full of immigration attorneys. You are free to find your own lawyer to interpret the law and tell you the good or bad news about the cut-off date.
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  #29 (permalink)  
Old 05-29-2007, 02:42 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
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India
Processing Stage
:
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I485 Mailed Date
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Posts: 112
AirWaterandGC can only hope to improve
Default

Does this bill at least allow filing of I-485 if I-140 isapproved even if the priority date is not current ?
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  #30 (permalink)  
Old 05-29-2007, 02:44 PM
Member
Priority Date
:
Mar-05
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:
EB3
I140 Mailed Date
:
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
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Quote:
Originally Posted by AirWaterandGC
Does this bill at least allow filing of I-485 if I-140 isapproved even if the priority date is not current ?
wish it does
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