Sachin_Stock
09-25 12:34 PM
Here's what the law says:
8 CFR 204.5(e) relating to PD transfer between eb categories
(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
I hope that clears the air.
8 CFR 204.5(e) relating to PD transfer between eb categories
(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
I hope that clears the air.
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sam2006
07-19 07:55 PM
hi anzerraja
http://immigrationvoice.org/forum/sh...ad.php?t=10708
the link doesnt work ..
http://immigrationvoice.org/forum/sh...ad.php?t=10708
the link doesnt work ..
simple1
05-01 05:04 PM
I am unable to edit the poll. Can Admin edit the poll and prefix the question with word financial.
btw, I used word support in the poll to refer "financial support" to IV regarding this clarification issue..
Can you add another question in the poll?
Would you be willing to contribute towards this work? (Hiring a lawyer/FOIA request etc.)
btw, I used word support in the poll to refer "financial support" to IV regarding this clarification issue..
Can you add another question in the poll?
Would you be willing to contribute towards this work? (Hiring a lawyer/FOIA request etc.)
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apahilaj
11-06 01:57 PM
was your case transferd from NSC -> TSC ???
Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
more...
rsamudrala
02-07 02:53 PM
Contributed $100
Receipt number for this payment is: 3493-5676-3269-3012
Receipt number for this payment is: 3493-5676-3269-3012
hpandey
12-16 01:41 PM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Believe me dude when I say that GC is not the real problem of being depressed. There are other so many kinds of problems in life which have no bearing on whether you have a GC or not . I personally have some of them and I wish they were gone . They are my priority and to me GC is just a vague distant dream .. if it comes true well and good or else life goes on.
Health, family and friends come above anything and if you have all these lined up good and well they beat having a GC :)
Get busy with anything that you can find .. maybe try making some friends and you will find "its a wonderful life !"
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Believe me dude when I say that GC is not the real problem of being depressed. There are other so many kinds of problems in life which have no bearing on whether you have a GC or not . I personally have some of them and I wish they were gone . They are my priority and to me GC is just a vague distant dream .. if it comes true well and good or else life goes on.
Health, family and friends come above anything and if you have all these lined up good and well they beat having a GC :)
Get busy with anything that you can find .. maybe try making some friends and you will find "its a wonderful life !"
more...
zj142
07-08 09:12 PM
she is so good at changing topic and avoiding the critical truth
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psk79
08-29 09:47 AM
Did your checks cashed before you got the receipts? or receipts much faster?? Congrats!
Sorry! I just saw your other thread about the check mishap..Good luck!
Sorry! I just saw your other thread about the check mishap..Good luck!
more...
gc4me
07-21 12:44 PM
Recieved by USCIS on July 11, LUD JUL 15th.
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pappu
04-07 05:15 AM
If you are depressed, consider volunteering your time for immigrationvoice. Your frustration with the system can be a useful motivation in changing this system.
more...
krishnam70
07-02 08:55 AM
Ship date
Jun 29, 2007
Estimated delivery
Jul 2, 2007 by 10:30 AM
Service type
Priority Pak
Weight
2.0 lbs.
Status
At FedEx destination
Date/Time
Activity
Location
Details
Jul 2, 2007 7:54 AM
At local FedEx facility
LINCOLN, NE
Jun 29, 2007
Estimated delivery
Jul 2, 2007 by 10:30 AM
Service type
Priority Pak
Weight
2.0 lbs.
Status
At FedEx destination
Date/Time
Activity
Location
Details
Jul 2, 2007 7:54 AM
At local FedEx facility
LINCOLN, NE
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mashu
08-13 02:55 PM
Yes, I've read it before in this post that there is no connection between LUD(Last Updated Date) and Receipt Notice.
This is my concern: why LUD should change and REALLY changed on my more than month ago approved I-140:confused:
This is my concern: why LUD should change and REALLY changed on my more than month ago approved I-140:confused:
more...
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h4help
09-10 10:30 AM
july 5th filer; no reciepts yet !
gosh .. how much longer to wait .. there seems to be no particular order for processing :rolleyes:
gosh .. how much longer to wait .. there seems to be no particular order for processing :rolleyes:
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diptam
07-04 09:58 PM
First of all - Stay away from X ( be it american/russian or whatever company)
From your post it seems like Y is a kind of better in behaviour, closer to Home
, wants to help you in GC ( FROM SCRATCH) but you dont want to pay for GC cost of 8000-9000 again ( what you wasted already ).
I'm not a legal counsel/mentor or lawyer but in mY opinion - You find a company Z which has similar criteria as Y but only additional criteria is they will bear the cost of your GC - Its not difficult to find such Z ( worst case they may ask you to sign a bond of 7-10K if you leave them 1 yr after GC) ....
After you get GC or EAD at hand you have lots of avenues open to tackle any bond that Z might have made you sign.
Does this helps ??
When I joined Company X (prior employer) I paid for H1b transfer fee and h1b renewal fee(total $3200 + $3000).
They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.
I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are
not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement
letter.They are ready to do corp-to-corp, for that I have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost. To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).
Shall I start green card again with company Y ?
Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.
From your post it seems like Y is a kind of better in behaviour, closer to Home
, wants to help you in GC ( FROM SCRATCH) but you dont want to pay for GC cost of 8000-9000 again ( what you wasted already ).
I'm not a legal counsel/mentor or lawyer but in mY opinion - You find a company Z which has similar criteria as Y but only additional criteria is they will bear the cost of your GC - Its not difficult to find such Z ( worst case they may ask you to sign a bond of 7-10K if you leave them 1 yr after GC) ....
After you get GC or EAD at hand you have lots of avenues open to tackle any bond that Z might have made you sign.
Does this helps ??
When I joined Company X (prior employer) I paid for H1b transfer fee and h1b renewal fee(total $3200 + $3000).
They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.
I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are
not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement
letter.They are ready to do corp-to-corp, for that I have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost. To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).
Shall I start green card again with company Y ?
Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.
more...
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xyz_123
07-21 09:58 AM
Where can we find a copy of the document that is used by USCIS to interpret the spillover rules?
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s_kary
09-14 03:01 PM
Let's make sure that this thread or http://immigrationvoice.org/forum/showthread.php?t=21340 remains at the top "Recent forum posts" on IV homepage, so that more and more people can notice it and we can take a timely action. We might need some help from admin. to get this done. I see that "IV Forum login problems" thread is hardwired to remain at the top. We can do something similar for our thread.
more...
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jsb
03-10 01:55 PM
what makes you think i am sitting at home waiting for the gc?
my post was in response to Sayantan's post - go back and read what he said.
With "you" I meant all those in these forums. Main point is in the second paragraph.
my post was in response to Sayantan's post - go back and read what he said.
With "you" I meant all those in these forums. Main point is in the second paragraph.
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sanjay
02-10 02:42 PM
As promised, I am contributing another $25.00 as $1000.00 has crossed. (Cheque has been posted)
I will again donate another $25 when we cross $2000.00
Comeon folks, we can do it.
So far...29 contributions only.....
GCCovet
Hi GCCovet,
As promised, I am contributing another $25.00 as $1000.00 has crossed.
I will again donate another $25 when we cross $2000.00
Details:
--------
Payment Sent (Unique Transaction ID #3LK7417540480844L)
Total:$25.00 USD
Date:Feb. 10, 2009
Time:11:23:38 PST
Status:Completed
Subject:Immigration Voice
Method: PayPal
I will again donate another $25 when we cross $2000.00
Comeon folks, we can do it.
So far...29 contributions only.....
GCCovet
Hi GCCovet,
As promised, I am contributing another $25.00 as $1000.00 has crossed.
I will again donate another $25 when we cross $2000.00
Details:
--------
Payment Sent (Unique Transaction ID #3LK7417540480844L)
Total:$25.00 USD
Date:Feb. 10, 2009
Time:11:23:38 PST
Status:Completed
Subject:Immigration Voice
Method: PayPal
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simple1
05-08 02:00 PM
CFR22 is not the law. INA is the law. I could not find it in INA, that is all we need.
Honestly, I dont care if they are eligible for FB2A.
All I care is eb-dependents are not eligible for EBquota.
why are you quoting and supporting the official mis interpretation above the actual law ?
Is it still not clear for you? eb-dependents are NOT eligible for F2A.
So we have to follow the regulation and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.
I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".
You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).
You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.
Honestly, I dont care if they are eligible for FB2A.
All I care is eb-dependents are not eligible for EBquota.
why are you quoting and supporting the official mis interpretation above the actual law ?
Is it still not clear for you? eb-dependents are NOT eligible for F2A.
So we have to follow the regulation and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.
I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".
You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).
You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.
Macaca
07-08 08:17 PM
The following link may throw some light on what non-citizens are entitled under the U.S constitution.
http://www.slate.com/id/1008367/
This link gives restrictions on immigrants who have violated the law. We need restrictions on law abiding legal non-resident immigrants.
http://www.slate.com/id/1008367/
This link gives restrictions on immigrants who have violated the law. We need restrictions on law abiding legal non-resident immigrants.
pappu
03-10 11:43 PM
Here is my story...When I came here 12 years back, for initial 3 years I did not applied for GC. Then I started my GC with a employer, company lawyer kept on saying that he filed my GC for one & half year but he did not...One fine morning, I realized that my lawyer was seating on my papers as per instructions from HR..lost around 2 years there. After talking to HR, lawyer filed LC and LC was approved thereafter two & half years..Unfortunatley, at the time of filing I-140, company declared "Bankruptcy" and once agian I was on the road. Joined new employer. New employer said I have to complete one year to file GC. After one year filed LC, my I-140 approved and last FOUR years on EAD. This roller coster is because of...I am from "Retrogressed" conuthry and PD is getting retrogressing now & then...
Still feels that GC is just a part of journey of my life...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
Still feels that GC is just a part of journey of my life...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
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