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  • ss1026
    03-31 03:52 PM
    Rcvd 45 day letter in early feb/2006 and replied same week. Waiting on further movement
    VA/PD Feb2005/RIR/EB2




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  • billu
    08-24 10:21 PM
    i had put up the previous two posts on this page asking about relief for Schedule A professionals in 2008......time has passed by but nothing has changed.....no sight of any relief or any schedule A bill........missed the july 2007 fiasco due to employer insisting on 40 day cool off period........have been in US for 6 years......no sign of EB3 india being even close to Oct 2007 (my PD)........employer has refused to file EB2 point blank.......no other employer ready for EB2........spouse on h4 visa since oct. 2006......have lost all hope and just going through the motions......is there light at the end of tunnel???




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  • Canadian_Dream
    06-02 08:18 PM
    You are correct, it only uses I-140 application as a basis of setting the cut-off (Not I-485).

    In my opinion:
    Date of Introduction: May 15 2007
    Effective Date: Oct 01 2008

    Scenarios:
    Scenario 1: I-140 Filed after Introduction and Approved before effective date. These cases are eligible for Immigrant Visa, whenever available.
    Scenario 2: I-140 Filed after Introduction and not approved on the effective date. These cases have to refile.
    Scenario 3: I-140 Filed before Introduction and not approved on the effective date. These cases are eligible for Immigrant Visa, whenever available.
    Scenario 4: I-140 not filed becasue of backlogged labor. They retain the priority date but have to restart in the new system, whatever that means.

    Only bad scenario is 2 and 4. The other bad aspect is reduced supply of immigrant visa 90,000.


    Hey Canadian Dream:

    I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.

    I might agree with your conclusion of start date, but Now coming to to cases :

    Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.

    An approved petition may server as basis for issuance of an immigrant visa.

    and for all people who are still in Labor stage will preserve their priority date.

    Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.

    I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
    ===========================

    40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
    41 for an employment-based visa filed for classification under
    42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
    43 Act (as such provisions existed prior to the enactment of this
    44 section) that were filed prior to the date of the introduction of
    265
    1 the [Insert title of Act] and were pending or approved at the
    2 time of the effective date of this section, shall be treated as if
    3 such provision remained effective and an approved petition may
    4 serve as the basis for issuance of an immigrant visa. Aliens with
    5 applications for a labor certification pursuant to section
    6 212(a)(5)(A) of the Immigration and Nationality Act shall
    7 preserve the immigrant visa priority date accorded by the date
    8 of filing of such labor certification application.




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  • pvhemanth
    09-15 12:29 AM
    For every $100 one time contribution by first time contributors I will match $25.00

    First time contributor, here are my order details from PAYPAL.

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  • badluck
    07-06 01:58 PM
    me too. Personally I think Australia might have better weather but Canada is closer

    why not our motherland INDIA




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  • GreenCard4US
    08-13 07:10 PM
    Mr. Ron Gotcher believes that it means "Mexico F2A and [Mexico] employment third preference cut off dates.� Had they meant Worldwide, they would have said so explicitly".
    Relax guys.:)



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  • jay
    07-07 12:40 AM
    Can Patton Boggs do better? Haven't we had more legislative success, I mean traction, when we partnered with Quinn Gillespie? Are we receiving sound advice on which of our grievances require legislative action and which ones can be redressed by a mere change in policy on the part of the executive? It looks like most of our current problems were not ushered in by any new law, but rather by a stroke of a pen in a memo by the incompetent and indifferent INS, USCIS, DOL and the State Department. No change in law was needed to make then deny us concurrent filing in Oct 2005 and allow it in July 2007. No change in law was required to deny us visa revalidation. One could argue that no change in law is required to belatedly use unused visas from the previous years. The list goes on. It should be easier to lobby a handful of buffoons in the executive branch with real power than 500+ buffoons on Capitol Hill. Has Patton Boggs served us well?




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  • India_USA
    09-27 08:45 AM
    The number of years spent waiting does add to the frustration, but the feeling of being stuck is something we share irrespective of the years... brotherhood/sisterhood!



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  • ramus
    07-18 03:24 PM
    Great.. Thank you.. Please ask your neighbours to join IV i they have not yet.



    Thanks for all your efforts.

    Made a contribution of $100
    Confirmation Number: 1LX38419RG209364L.




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  • Administrator2
    05-02 09:27 AM
    Here is the information sent to IV by Research Program Manager at NEU

    Thank you for sending excellent compilation of information on this subject. It is very helpful to understand the background of this issue.

    --------------------------------------------------------------------

    When Congress passed the Economic Stimulus Act in January, anti-immigrant pressure groups, such as FAIR, cried foul. FAIR claimed that the Act would put funds into the hands of illegal immigrants. They therefore petitioned for an amendment that would exclude taxpayers who file with an ITIN, which according to FAIR included many illegal immigrants (sic).

    http://www.fairus.org/site/PageServer?pagename=research_mar08nl01?&printer_friendly=1

    After FAIR�s concerns were aired in the US media, the Senate amended the Act to require valid Social Security numbers on all tax returns qualifying for the stimulus payment. Families who file jointly are excluded from ANY payment if one of the taxpayers on the form filed with an ITIN. As a result, thousands of Military families and an even larger number of legal US residents will receive no stimulus payment. Consider a report in a military newspaper about a family of five stationed overseas. The father is a foreign citizen who filed a joint return using an ITIN. Now the entire family will not receive the stimulus check, even though the mother (a US soldier) and her three children are US citizens.

    http://www.military.com/news/article/itin-ineligible-for-special-rebate.html

    In Japan, thousands of military families face the same situation.

    http://www.armytimes.com/news/2008/04/army_rebate_041408w/

    The solution, according to some, is to amend the tax return and file separately. However, by excluding the ITIN holders from the tax return, the head of household must forgo claiming them as dependents. The end result has little or no benefit in most cases because to receive the stimulus payment, the taxpayer must agree to pay more in taxes.

    Foreign born workers who live in the US are also affected. Many have lived in the US for years and have been dutifully paying taxes and contributing to the US economy. However, a large number have family members who do not have Visas that permit them to work (Laws that prevent dependents of immigrants from working in the US already places these families at an economic disadvantage). As a result, they are not eligible for a SSN and must file their tax returns using ITIN numbers. Even though these families are faced with the same challenges as their American born neighbors, they will receive no tax relief because of the ITIN exclusion.

    The only way to get the stimulus payment is to obtain a Social Security Number for �non-work� purposes. The SSA may issue an SSN to an alien under the following provision:

    20 C.F.R. � 422.104(a)(3)

    (i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;

    http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm

    The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�

    Here are some links to documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit.

    Lawmakers

    Nancy Pelosi, Speaker of the House

    �Residents of the U.S. territories will also receive the benefit.�

    Johnny Isakson, United States Senator from Georgia

    The benefit would phase out for single people earning more than $75,000 a year and married couples earning more than $150,000.

    Johnson (GA04) | Press Release | Rep. Johnson Votes to Stimulate Economy

    Americans who earned at least $3,000 in 2007 will receive the benefit, including Social Security recipients and 250,000 disabled veterans. Higher income taxpayers are not eligible and the relief phases out above incomes of $75,000 for a single earner and $150,000 for married couples.

    Senator Robert Menendez | Newsroom

    �Today's event is a chance to spread the word so that everyone is aware of the steps they need to take to receive this benefit.�

    News | Senator Pete V. Domenici

    This benefit would help an estimated 20 million seniors and 250,000 disabled veterans.

    EconomicStimulus2008

    The 2008 tax instructions will include a worksheet to help those who did not qualify for a payment or those who received a reduced amount determine if they can obtain a benefit when they file their 2008 tax returns next year.

    Senate Finance Committee

    020808 Econ Stim Staff Summary.pdf (application/pdf Object)

    The amount of the credit is phased out at a rate of 5% of adjusted gross income beginning at $75,000 ($150,000 in the case of joint returns). Residents of the U.S. possessions will also receive the benefit�

    The law also clearly states that qualified recipients of this benefit must have social security numbers to receive these funds. No other identification number is considered permissible. SEC. 6428 (h) (2) �Identification Number Requirement� states, �For purposes of paragraph (1), the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.�

    According to SSA document 20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a �valid non-work purpose� results when the �law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement.�

    The means-testing provision of H.R. 5140, the Economic Stimulus Act of 2008 is stated in SEC. 6428 (d) Limitation Based on Adjusted Gross Income.

    The federal government has also defined H.R. 5140 as a form of financial relief to persons who fall within certain income categories. According to a Whitehouse publication explaining the means-testing provision of H.R. 5140, �This relief would be available to everyone with adjusted gross income less than $75,000 for singles and $150,000 for married couples filing jointly. It will be phased out for taxpayers above those income thresholds. Taxpayers may qualify by filing a tax return for 2007 and including a valid Social Security number on their tax return.� [Fact Sheet: Bipartisan Growth Package Will Help Protect Our Nation's Economic Health, Office of the Press Secretary, February 13, 2008, whitehouse.gov].

    Lawmakers included the identification requirements to HR.5140 under the belief that all legal residents of the United States will hold Social Security numbers. Therefore, it is incumbent upon the Commissioner of Social Security to �take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers� [Section 205(c)(2)(B)(i)] and that all qualified individuals receive �financial relief� under H.R. 5140 according to the stated will and intention of the United States Congress and Senate (as described in the links above).



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  • eb3_nepa
    07-14 03:52 PM
    Bumpers...please bump this thread...this should be on top...

    That will help matters. However what we would REALLY like to see is, that the thread remains on top via actual people contributing and logging that they did so on here.




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  • belmontboy
    05-13 11:05 PM
    � I-140 filed 05/04/2007
    � I-140 approved 09/04/2007.� I-485 filed on 07/02/2007.
    � Changed jobs on 07/14//2008 (after 1 year of pending I-485)
    � Soft LUD on I-140 02/03/2009 (possible revocation of I-140 from my previous employer)
    � got I-485 denial notice on 02/18/2009
    � filed MTR on 02/27/2009
    � MTR dismissed on 03/26/2009 (on the grounds that I-140 was denied on 09/04/2009)
    � filed second MTR on 04/23/2009
    � soft LUDs on the second MTR on 04/27/2009 and 04/28/2009

    was ur first MTR denied in error?
    as per you, your I-140 was never denied.



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  • akhilmahajan
    07-15 06:19 PM
    Total So far 1535.00. 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.




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  • Suva
    04-10 03:01 PM
    Hi pappu, I am contributing $5/month from 2007. This is $60 for every year. Am I eligible for donar forum? I am sending the checks from 2007 till now by bill pay from my bank.



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  • 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.




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  • chisinau
    07-27 03:44 AM
    There is an unconfirmed information from www.ucexchange.com about:

    S.AMDT.2448 Amends: H.R.2638 , S.AMDT.2383 Sponsor: Sen Schumer, Charles E. [NY] (submitted 7/25/2007) (proposed 7/25/2007)

    U.S. Senate Passes Bill that Might Provide "Recapture" of EB-3 Immigrant Visa Numbers that Went Unus
    By unanimous consent, the U.S. Senate passed a bill sponsored by Senators Schumer (D-NY), Hutchison (R-TX), and Kennedy (D-MA) that would "recapture" employment-based, third preference (EB-3) immigrant visa numbers that went unused because of processing delays during Fiscal Years 2001, 2002, 2003, and 2004. If this bill ultimately passes through Congress and becomes law as currently written, 50% of these "recaptured" numbers would be allocated to "Schedule A" occupations. Currently, the measure has passed through only the Senate. To become law, the bill would still have to pass through the House and be signed by President Bush.

    Does any one know wheather this is true???:confused: :confused:

    The official information is vice versa:
    http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SP02448:
    7/26/2007:
    Proposed amendment SA 2448 withdrawn in Senate.

    Another BIG DISSAPOINTMENT!!!!!!! :::((((((((



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  • Milind123
    09-13 09:51 AM
    Thank you Struggle, green_world, nomad and rck4evr. I am able to add to my contribution only because of your help.
    Details of my $100 contribution are in my signature.

    To people who still have their finger on the trigger,

    Guys the next gun is loaded. It is time to apply a bit more pressure to fire your first bullet.
    There are only five bullets in this gun. Who is going to take the first four shots?




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  • plassey
    07-21 12:19 PM
    You would think that USCIS is effecient and well managed, but the fact of the matter is that they are not.
    If you think about what happened in last one month , it points out that things are in pretty bad shape untill take notice by affected people like us.
    Well, if you do the direct calculations (eventhough it looks correct for most of us), it always results scary.

    But that does not happen always. A Government Agency decided to accept that many applications in a month window, defintely it would not have been decided in a lunch or dinner meeting.

    They should have known their limitations and how to handle the situation. If there are 20K 485 applications sitting at the storage, it would not create much problems. But it creates so much administration issues if the number is 600K applications.

    One major issue is, every year they are going to receive 600K EAD renewals. They will never get time to work on 485, but life long working on renewing this EAD's and no more further GC processing.

    So, its not going to be the case. Now they have money, even if it takes first year some more months, they may go for hiring more contracters OR spliting the applications across different centers processing them.

    Its a big administration issue to the agency to keep all the applications pending than us.

    So, no worries. There must be a solution ahead for us.




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  • danu2007
    05-22 05:02 PM
    I have made a one time contribution of $100.

    Receipt ID: 97J49355KG857603M

    Thanks




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    09-11 09:15 PM
    Contributed $100 towards DC rally on Sept. 18.
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    ickeys
    07-29 10:02 AM
    Hi, the website says my case was certified but my employer and my lawyer did not receive the hard copy yet. It got certified July 17. How long does it take for me to receive it? What should I do?



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