r_mistry
01-08 11:18 AM
Hi All,
I just contacted the USCIS customer service regarding my pending AP application filed at NSC on July 24th, 2007. The customer service rep did not provide any useful information other than the usual "case received and pending".
However he did open a service request (SR) for me and advised me that IO will get back to me on the status of my AP application within 30 days and why its getting too long to adjudicate my AP application.
Do any of you have any experience what will happen from now on? Do they really respond within 30 days???
Below is my filing info
Filed I-485/EAD/AP - July 24th, 2007 - NSC
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
I just contacted the USCIS customer service regarding my pending AP application filed at NSC on July 24th, 2007. The customer service rep did not provide any useful information other than the usual "case received and pending".
However he did open a service request (SR) for me and advised me that IO will get back to me on the status of my AP application within 30 days and why its getting too long to adjudicate my AP application.
Do any of you have any experience what will happen from now on? Do they really respond within 30 days???
Below is my filing info
Filed I-485/EAD/AP - July 24th, 2007 - NSC
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
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mpadapa
08-13 05:05 PM
Getting HR 5882 / S 3414 (recapture bills) through congress is the only hope for EB3's.
Changing the spillover will not help EBI because in both the spillover interpretations EB3I is the last in the chain. The only reason EB3I benefited from earlier spillover interpretations was because there weren't any ripe EB2-I cases available and it spilled over to EB3I. Reverting to the old spillover interpretation will not benefit EBI but sure it will benefit EB3-ROW.
Let us focus on getting the recapture bills through. Call u'r congressman/senator and start pushing for the recapture bill. EB3I has been benefited until now because of the AC21 recapture. Now it is time for another recapture.
Changing the spillover will not help EBI because in both the spillover interpretations EB3I is the last in the chain. The only reason EB3I benefited from earlier spillover interpretations was because there weren't any ripe EB2-I cases available and it spilled over to EB3I. Reverting to the old spillover interpretation will not benefit EBI but sure it will benefit EB3-ROW.
Let us focus on getting the recapture bills through. Call u'r congressman/senator and start pushing for the recapture bill. EB3I has been benefited until now because of the AC21 recapture. Now it is time for another recapture.
Nibiru
09-02 08:39 AM
Came here in 98. Applied in 2003. Waiting ever since. Had enough of this BS. I was ok until they started screwing around with EAD's and AP's this year. Recently, got a a couple of offers in India ranging from 30 - 45 lac / yr. Thinking of going back. Its not worth waiting in this line anymore.
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sunofeast_gc
07-23 06:27 PM
This is aboslutly not possible; he/she is trying to fool every one. Before retrogression, the last date to file a 485 for a EB3-Indian with PD 08/2004 was 12/31/2004. From Jan 2005 till July 2007 EB3 Inida was retrogressed for his PD. So he/she could not apply 485 in Feb 2005. The other optins could be he/she may be in EB2 catagory or a Schulde A nurse.
I was in similar time frame; So I know the date well....
Same thing came in my mind too....
it must be EB2 or a Schulde A nurse
anyway it good to know that someone got GC...
I was in similar time frame; So I know the date well....
Same thing came in my mind too....
it must be EB2 or a Schulde A nurse
anyway it good to know that someone got GC...
more...
Milind123
09-12 09:01 PM
I was hoping to get people to start their monthly contribution, but it seems people are more inclined to make one time contribution. So I have added this to the start of the thread.
>>For every $100 one time contribution by first time contributors I will match $25.00. <<
So people with their fingers on the trigger, who don't want to commit long term, here is your chance. Please allow me to help you squeeze the trigger and fire your first shot.
I already have Struggle and green_world. Just need 2 new first time $100 contributors to make my next $100 contribution.
>>For every $100 one time contribution by first time contributors I will match $25.00. <<
So people with their fingers on the trigger, who don't want to commit long term, here is your chance. Please allow me to help you squeeze the trigger and fire your first shot.
I already have Struggle and green_world. Just need 2 new first time $100 contributors to make my next $100 contribution.
villamonte6100
04-01 10:22 AM
If you need solutions to your problems, you need to act as professionally as possible. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against the USCIS. Would you be brave enough, if not foolhardy enough, to reproduce whatever you've said in your threads here in a separate letter and send it out to the USCIS? Trust me, you'll not, since you'll act politely and courteously to make out your case. Decorous behaviour is called for when dealing with pertinent issues in the IV forum.
Cheers Mate!
Cheers Mate!
more...
shukla77
06-11 10:44 AM
You must be CEO, CFO or something like that... very impressive..
If it makes any difference I am making ~400K a yr from my job and other investments...
If it makes any difference I am making ~400K a yr from my job and other investments...
2010 Blackberry 9780 Bold Price is
Milind123
09-17 01:04 AM
Listened to the recording. I simply cannot believe what the host was babbling again and again about. He was repeatedly asking Jay “Why should the laws be changes which were set 50 years ago?” I will tell him why the laws are normally changed in general (not related to our case at all). They are changed because by definition law is supposed to be just; it is supposed to be equal. It is required to be non-discriminating. It is changed because people’s life is affected adversely if it remains constant. Laws of nature are the only set on laws that cannot change and that is true because they took billions and billions of years to perfect themselves. Laws of any country on this earth are not perfect. They are made by human beings, who tend to make lot of mistakes. Now, what is amendment? It is a set of new rules that are written to rectify any mistakes made in the existing laws. That itself is changing the law, my friend Raj. There is no county on this earth whose laws have remained the same for a very long period of time, and yet keeping all the people in that country happy. Laws get changed because of the new values added to the system. That is why, my friend Raj, slavery was abolished in 1863 by President Lincoln (BTW my most favorite President). This did not happen by magic. It happened only when the president issued an Emancipation Proclamation, which basically is a law and the jist of that is , "all persons held as slaves henceforward shall be free”. Now how did this happen? Because of the civil war and why did the civil war took place? Simply because people cannot take it anymore. You should know all this Mr. Raj Khanna, you were there to witness it with your own eyes when you were 147 years old (well at least that’s what you claim through your profile).
Raj’s profile
http://www.blogger.com/profile/10263796867450932249
PS I did not listen to the antakshri, but if some of us did listen, we need to provide the curious lady with the correct answer, maybe her GC case is also pending for the last 7 years (probably a future member of IV).
Raj’s profile
http://www.blogger.com/profile/10263796867450932249
PS I did not listen to the antakshri, but if some of us did listen, we need to provide the curious lady with the correct answer, maybe her GC case is also pending for the last 7 years (probably a future member of IV).
more...
Michael chertoff
12-14 06:40 PM
Dear Friends,
What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.
please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.
MC
What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.
please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.
MC
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makemygc
10-25 11:59 PM
I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
more...
vjkypally
07-21 08:29 AM
Bring our issues in front of Ombudsman with the kind of time line we expect and let him take it up with the Govt.
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Waitingnvain
05-04 10:21 AM
Hey Guys:
My PD is June 2001. I believe my attorney replied to the 45-day letter in Sep 05. Nothing has happened after that. The wait continues..
My PD is June 2001. I believe my attorney replied to the 45-day letter in Sep 05. Nothing has happened after that. The wait continues..
more...
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ashutrip
06-19 10:09 AM
Also, please contact this person:
Helen Parker
Regional Administrator
U.S. Department of Labor/ETA
Atlanta Federal Center 61 Forsyth St. Rm. 6M12
Atlanta,GA 30303
Phone: (404) 562-2092
Fax: (404) 562-2149
Send faxes and call to request them to process our PERM applications. Please act now, if not we will miss the bus.
i just called her she passed the buck to 404 893 0101
Helen Parker
Regional Administrator
U.S. Department of Labor/ETA
Atlanta Federal Center 61 Forsyth St. Rm. 6M12
Atlanta,GA 30303
Phone: (404) 562-2092
Fax: (404) 562-2149
Send faxes and call to request them to process our PERM applications. Please act now, if not we will miss the bus.
i just called her she passed the buck to 404 893 0101
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vandanaverdia
09-12 02:00 PM
Thank you rangaswamy. We need more members to come forward & be first time contributors!!
We have lots to achieve & very few days left...
Support IV....
Help IV help you!!!
We have lots to achieve & very few days left...
Support IV....
Help IV help you!!!
more...
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nitinboston
06-11 03:56 PM
We are fighting against anti-immigrant idiots like you.
Greencard is our right because we have been waiting long enough and paid a lot for it, and we will not just take greencard but also get our citizenship. After getting citizenship we will make our pro-immigrant senators win election and help defeat anti-immigrant Senators. We will contribute money in getting pro-immigrant lawmakers get elected. Got it ?
We will also tackle idiot old good for nothing racist programmers like you and make sure you remain losers in life.
So its the 6 th fundamental right. I am amazed how people confuse rights with privilege.
Greencard is our right because we have been waiting long enough and paid a lot for it, and we will not just take greencard but also get our citizenship. After getting citizenship we will make our pro-immigrant senators win election and help defeat anti-immigrant Senators. We will contribute money in getting pro-immigrant lawmakers get elected. Got it ?
We will also tackle idiot old good for nothing racist programmers like you and make sure you remain losers in life.
So its the 6 th fundamental right. I am amazed how people confuse rights with privilege.
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logiclife
09-28 07:34 PM
They can do "wild" approvals, however, they have to do it as per September visa bulletin. IF they dont have enough approvable 485s that are as per the Sept visa bulletin and if the approvable "ready to go" cases are past the priority dates of September bulletin, then they will be sitting unapproved as they CANT do any kind of "wild" approval.
Keeping all dates current in Sept (like july, but intentionally this time around) could have made is easier on USCIS to have more choice and easily find "ready to go" cases to assign and consume all visa numbers.
Keeping all dates current in Sept (like july, but intentionally this time around) could have made is easier on USCIS to have more choice and easily find "ready to go" cases to assign and consume all visa numbers.
more...
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alterego
06-24 12:31 PM
America is losing its attractiveness to the worlds top talent. Those of us in the system may feel that having invested so much time/effort/money already in the process, we cannot turn back now and cut our losses, however looking at it from the perspective of a promising 24 yr old researcher or graduate, the vantage point can be quite different. He has very little invested in this country and looks at the situation of those like us ahead of him/her in the pipeline to make a decision.
That decision might become that the US is not a place to settle down, that it is not a welcoming nation, that opportunities are choked off for the non natives, etc etc. Those would be the worst messages to send to the cream of the world's talent. The reaction would be to either not come in or to come in with a mindset to take the best of the education system etc and move on to the best opportunities. The US has never had to react to his type of thing, because hitherto it was a minimal issue. The current policies however are changing that.
That decision might become that the US is not a place to settle down, that it is not a welcoming nation, that opportunities are choked off for the non natives, etc etc. Those would be the worst messages to send to the cream of the world's talent. The reaction would be to either not come in or to come in with a mindset to take the best of the education system etc and move on to the best opportunities. The US has never had to react to his type of thing, because hitherto it was a minimal issue. The current policies however are changing that.
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saimrathi
08-10 02:51 PM
Just contributed $100 to IV.. Do your part guys...
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pappu
09-09 09:01 PM
Pappu,
I work at NPR and joined recently. I am going to work with my manager next week and convince them to get coverage for our rally.
That will be wonderful. Thanks
I work at NPR and joined recently. I am going to work with my manager next week and convince them to get coverage for our rally.
That will be wonderful. Thanks
paskal
09-10 01:56 AM
Greg Siskind's blog on ILW
http://blogs.ilw.com/gregsiskind/2007/09/immigration-voi.html
Thanks to Greg for posting about the rally a second time!
http://blogs.ilw.com/gregsiskind/2007/09/immigration-voi.html
Thanks to Greg for posting about the rally a second time!
gunabcd
06-02 08:35 PM
Looks like most people are scared because of some kinda assumption that the politicians are determined to screw Indians and so have given the common sense a back seat. When the PERM system came in effect did they force the old labor petitioners to file in the new system? I've never heard of a law/provision that made people file a new and the money and time spent in earlier filing was wasted. It just does not make sense (there will be a class action law suit, if it happens).
So here's what i THINK: As long as immigration is accepting the I-140 petitions and you receive the receipt notice, you are in the old system, meaning your application is still valid and you are in line for GC. They will have to keep the old system running for the applications filed before the new system came if effect. This May 15/May 21, 2007/2008 cut-off date discussion just does not make sense.
It's possible that if your labor got cleared(backlog or PERM) after the new system is in effect, and in the new system there's no need of labor, then your labor will be obsolete (or wasted), but as per the old system concept you haven't lost anything as you can still go for the next step and file I-140 in the new system (although that I-140 may get processed based on new points system).
Looking at some of the ridiculous ammendments that have been added in the bill, i think the chances of this bill being passed are less than 50%, just my feeling.
-Gunvant
EB3 Labor filed Sep 2004
Labor approved(PBEC) Jan 2007
I-140 filed Apr-19-2007
PP filed May-31-2007
So here's what i THINK: As long as immigration is accepting the I-140 petitions and you receive the receipt notice, you are in the old system, meaning your application is still valid and you are in line for GC. They will have to keep the old system running for the applications filed before the new system came if effect. This May 15/May 21, 2007/2008 cut-off date discussion just does not make sense.
It's possible that if your labor got cleared(backlog or PERM) after the new system is in effect, and in the new system there's no need of labor, then your labor will be obsolete (or wasted), but as per the old system concept you haven't lost anything as you can still go for the next step and file I-140 in the new system (although that I-140 may get processed based on new points system).
Looking at some of the ridiculous ammendments that have been added in the bill, i think the chances of this bill being passed are less than 50%, just my feeling.
-Gunvant
EB3 Labor filed Sep 2004
Labor approved(PBEC) Jan 2007
I-140 filed Apr-19-2007
PP filed May-31-2007
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