akhilmahajan
07-15 05:14 PM
Total So far 1515.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.
COME ON FOLKS HELP IV HELP YOURSELF.
COME ON FOLKS HELP IV HELP YOURSELF.
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songlan
04-25 10:07 AM
Is it better if we ask for consults from Quinn Gillespie & Associates. I mean the strategy issues.
EkAurAaya
07-11 02:20 PM
.
:(Bad News is all of us who applied for EAD renewal after June 30th wouldnt get a 2 years EAD instead would get 1 year EAD.
bang on the money... i think this is just another ingenious way for USCIS to milk us :mad:
:(Bad News is all of us who applied for EAD renewal after June 30th wouldnt get a 2 years EAD instead would get 1 year EAD.
bang on the money... i think this is just another ingenious way for USCIS to milk us :mad:
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supers789
12-10 06:54 PM
I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....
more...
slammer
07-11 07:09 AM
I couldn't believe this. Wonderful news. Thanks
Yes, you're right, for you it's really great news ! Congratulations !!!
Rita
Yes, you're right, for you it's really great news ! Congratulations !!!
Rita
Green.Tech
06-11 12:08 PM
However, if there was any legislation relief, then it would be a different ball game altogether. May be we will see a repeat of 2002-2004 when all categories were current.
...and that could happen if all of us unite and participate in IV's campaigns, otherwise the wait could be a long one!
...and that could happen if all of us unite and participate in IV's campaigns, otherwise the wait could be a long one!
more...
H1Girl
03-03 04:25 PM
...
But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves.
...
Saburi
It may be true that Mr Change has been occupied by other priorities but even then I don't think anyone will ever care about legal aliens who pays Taxes every year. US won't get anything if they issue GCs to us. Remember they have to tackle unemployment in US if they issue GCs to every H1/L1. It's the gimmick just like any other tricks that US paly around the world. They lure best talent to US with GCs etc etc but what they really need is Taxes (and ofcourse some talent) from us which they are anyway getting.
Please read they way US brought african americans and chinese people few hundred years ago and used them like anything.
So guys and girls, take it easy...if they want to issue GCs they can change the policy overnight just by one signature and issue GCs rightway. But they NEVER do since they are getting what they wanted to.
here is my conclusion:
a) Illegal immigrants: Yes, US cares about them since they pose as security threat and they loose the Tax
b) Refugees: Yes, US cares about them since they pose as security threat and they loose the Tax
c) Highly Educated (EB1) like Ph.ds: Yes they care because thye want to ahead of others
d) Middle class people (Eb2 and EB3 and others): No one cares since they are getting Tax anyway.
But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves.
...
Saburi
It may be true that Mr Change has been occupied by other priorities but even then I don't think anyone will ever care about legal aliens who pays Taxes every year. US won't get anything if they issue GCs to us. Remember they have to tackle unemployment in US if they issue GCs to every H1/L1. It's the gimmick just like any other tricks that US paly around the world. They lure best talent to US with GCs etc etc but what they really need is Taxes (and ofcourse some talent) from us which they are anyway getting.
Please read they way US brought african americans and chinese people few hundred years ago and used them like anything.
So guys and girls, take it easy...if they want to issue GCs they can change the policy overnight just by one signature and issue GCs rightway. But they NEVER do since they are getting what they wanted to.
here is my conclusion:
a) Illegal immigrants: Yes, US cares about them since they pose as security threat and they loose the Tax
b) Refugees: Yes, US cares about them since they pose as security threat and they loose the Tax
c) Highly Educated (EB1) like Ph.ds: Yes they care because thye want to ahead of others
d) Middle class people (Eb2 and EB3 and others): No one cares since they are getting Tax anyway.
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raju123
06-01 04:00 PM
This might be useful to you.
Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"
The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.
Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.
Example 1
The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.
Example 2
Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.
Example 3
Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.
Example 4
Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.
Example 5
Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.
Example 6
Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.
For more information about "Age Out", please click the following topics:
What is "Age Out"
Child Status Protection Act
If you are a USC, does CSPA prevent your child from "aging out"?
If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
Age Out Problems in Employment-Based Immigration
Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
Child of Asylee and Refugee
Unmarried Sons or Daughters of Naturalized Citizens
Effective Date of the CSPA
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"
The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.
Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.
Example 1
The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.
Example 2
Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.
Example 3
Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.
Example 4
Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.
Example 5
Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.
Example 6
Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.
For more information about "Age Out", please click the following topics:
What is "Age Out"
Child Status Protection Act
If you are a USC, does CSPA prevent your child from "aging out"?
If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
Age Out Problems in Employment-Based Immigration
Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
Child of Asylee and Refugee
Unmarried Sons or Daughters of Naturalized Citizens
Effective Date of the CSPA
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
more...
breddy2000
12-10 04:14 PM
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
It clearly states that "IF Section 202(a) were to apply(spillover rule) then the dates move as mentioned above. That means that it did not happen until now...
Question is since the section 202(a) is part of the law , does it state that they need to utilize this section 202(a) quarterly or at USCIS/DOS own descretion.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
It clearly states that "IF Section 202(a) were to apply(spillover rule) then the dates move as mentioned above. That means that it did not happen until now...
Question is since the section 202(a) is part of the law , does it state that they need to utilize this section 202(a) quarterly or at USCIS/DOS own descretion.
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dpp
07-06 12:09 PM
They have just linked the two things together making it more explicit.
Yah, thats true. What is necessity for them to edit that right now? May be they want to make sure that people read July bulletin must read revised bulletin also.
Yah, thats true. What is necessity for them to edit that right now? May be they want to make sure that people read July bulletin must read revised bulletin also.
more...
immig4me
05-07 08:12 AM
Called 3 of the senators in tier one. Their responses from the first days to now is slightly different. Initially, they would say that they are against amnesty or we have not read the draft..... now the responses are like, the senator is reviewing the draft, he understands that you have followed the law.......
I hope this is because of our efforts; please IV members continue with this phone campaign, even if you have already called once. Encourage your friends to do the same. This will make a difference guys, we are making the difference :)
I hope this is because of our efforts; please IV members continue with this phone campaign, even if you have already called once. Encourage your friends to do the same. This will make a difference guys, we are making the difference :)
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Jimi_Hendrix
11-14 01:59 PM
Our count is now at 9 members. This is fabulous. I am really looking forward to some communication from core team about action items.
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kevinkris
06-02 07:19 PM
Goto TOP
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mirage41
09-15 09:09 PM
people who do not support pd porting must *morally* refuse any pay hikes they get along the course of the GC journey, decline promotions offered at their workplace and must vehemently refuse any self help initiatives by the employer.
If they actually do that, they are both justified in opposing PD porting and they kinda give away their I.Q in the process! lol
Not to mention, if anyone of the above happens, they need to re-start their GC process *to be fair*!
Before someone gives me red dots, please note the Sarcasm in my post. (I support PD porting with all my heart!!) :D
If they actually do that, they are both justified in opposing PD porting and they kinda give away their I.Q in the process! lol
Not to mention, if anyone of the above happens, they need to re-start their GC process *to be fair*!
Before someone gives me red dots, please note the Sarcasm in my post. (I support PD porting with all my heart!!) :D
more...
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ansh78
02-10 10:42 AM
I really think we are all split between EB2 and EB3. EB2 folks don't give a damn about EB3 dates.
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november
09-10 07:04 AM
Data available in Mumbai consulate website
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
more...
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sledge_hammer
03-04 12:05 PM
Chevy Chase is a bank in this part of the world! :)
I like the actor too btw...
LOL. I think you meant JP Morgan Chase :) CHEVY CHASE is an actor.
I like the actor too btw...
LOL. I think you meant JP Morgan Chase :) CHEVY CHASE is an actor.
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vin13
03-12 04:20 PM
As much as I appreciate the efforts that the IV core team has put in, them being so secretive, it is almost like they have formed a cabal.
I agree with ItIsNotFunny. The very least the IV core team can do is post updates on what they are up to. That way if someone believes in a particular initiative that IV is undertaking wants to help, they can contact the concerned IV core team member and offer to help.
I am sure instead of the core team trying to burden themselves with all the work, if they let individuals who believe in particular cause to help them, then life would be a lot easier for everyone. I guess that would also get more people involved with IV.
I know I am out of the rat race, so if you think I am being patronizing, my apologies.
I agree with you. I admire your involvement with this effort even after you got your GC.
I agree with ItIsNotFunny. The very least the IV core team can do is post updates on what they are up to. That way if someone believes in a particular initiative that IV is undertaking wants to help, they can contact the concerned IV core team member and offer to help.
I am sure instead of the core team trying to burden themselves with all the work, if they let individuals who believe in particular cause to help them, then life would be a lot easier for everyone. I guess that would also get more people involved with IV.
I know I am out of the rat race, so if you think I am being patronizing, my apologies.
I agree with you. I admire your involvement with this effort even after you got your GC.
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wanna_immigrate
04-12 09:12 AM
Officially 15 days. But according track itt website , it is taking at the most 8 or 9 days.
Thanks for the info!
Thanks for the info!
ilwaiting
04-25 12:05 PM
Canada, Australia, UK(may be few more countries) does enable the applicant to handle the case rather than being sponsored by employer beause they do not have Many Non-immigrant Worker options as USA does. So they have to apply for a PR from outside the country.
Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?
Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".
Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?
Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".
bigboy007
06-03 06:52 PM
Yep thats true , as of now all this shouldnt stop one from filing 140/485 what ever it is , we are only trying to interpret to the best of our knowledge in current format. For ex. if you remember labor substitution bill was introduced in Last year 2006 and every one was eager and curious about it but it was only enacted in July 2007. Similarly i 100% believe they will give some time to switch and in case it would be good enough buffer. If you think u can file dont even think of rest , right what is law is what should it be.
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