sundevil
03-13 02:25 PM
We were getting ready to file 140 but never did. This is(or was) at the time top 5 market cap tech company, so I doubt they went out to make money on it. Its not Software related either and harder to match people to my LC. I was so close yet so far, in those days would have got my GC in less than a year after that point. 3 more LCs and 3 140s including one NIW, I am stuck here now.
You could say Murphy's law aptly applies to my immigration :)
"Everything that can Go Wrong will go wrong" and it did.
You can use that priority date if I140 was filed for you based on that and approved. Was I140 filed for you ? Or you just abandoned it while labor was pending ?? If the later, your employer must have made money when labor substitution was allowed :) (Making a BIG assumption here )
You could say Murphy's law aptly applies to my immigration :)
"Everything that can Go Wrong will go wrong" and it did.
You can use that priority date if I140 was filed for you based on that and approved. Was I140 filed for you ? Or you just abandoned it while labor was pending ?? If the later, your employer must have made money when labor substitution was allowed :) (Making a BIG assumption here )
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glus
07-05 12:48 PM
I Just Faxed Dc Offices Of The Following Senators With My Personal Letter:
Clinton Fax: 202-228-0282
Cantwell Fax: 202-228-0514
Schumer Fax: 202-228-3027
Kennedy Fax: 202-224-2417
Cornyn Fax: 202-228-2856
Clinton Fax: 202-228-0282
Cantwell Fax: 202-228-0514
Schumer Fax: 202-228-3027
Kennedy Fax: 202-224-2417
Cornyn Fax: 202-228-2856
ameryki
01-05 06:25 PM
I talked to my lawyer and she says I can travel without AP as long as H visa is stamped. I just found Press Release on same topic from USCIS. Here is the link
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.
I hope this reduces some frustration.
I don't think that was an issue ever. Also keep in mind the new PIM process which is now part of visa stamping might delay things if you go to get a visa stamped
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.
I hope this reduces some frustration.
I don't think that was an issue ever. Also keep in mind the new PIM process which is now part of visa stamping might delay things if you go to get a visa stamped
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flthere
08-12 02:13 PM
I'd say that some small-medium companies either in India or the 50-50 US bodyshops will happily ask the prospective-H1b to pay up Rs. 1,00,000 towards Schumer's fees :D
Anyways, most of these bodyshops in US collect H1b fees from the applicants in India, right ?
Infy, TCS, Satyam etc., will hire more janitors to bring their H1b/L1 % in US :D Or even buyout janitorial services companies :)
Anyways, most of these bodyshops in US collect H1b fees from the applicants in India, right ?
Infy, TCS, Satyam etc., will hire more janitors to bring their H1b/L1 % in US :D Or even buyout janitorial services companies :)
more...
kumar1
07-20 02:50 PM
no. of h1b issued in last 4 years 65kX4= 260k
even if you double that (which i m sure is not the case), still it come to 500k.
so ure over estimating it.
thanks
What about L1-A and L1-B? They are a lot too. 192,000-60,000 = L1 number each year.
even if you double that (which i m sure is not the case), still it come to 500k.
so ure over estimating it.
thanks
What about L1-A and L1-B? They are a lot too. 192,000-60,000 = L1 number each year.
ronhira
07-06 03:21 PM
what is this suppose to mean, should I be scared
ronhira,
Your post was reported a vulgar by another member. We do not encourage vulgar indecent language on the forum. You have left us with no other choice but to verify you, or else we will be left with no other choice to ban you from IV website. Please send us a phone number to reach you, or call us at 202/386-6250. If we do not hear from you in next hour, we will be forced to ban you.
We value our message and do not allow others to use IV website to harm our goal.
Please contact us immediately.
IV team
ronhira,
Your post was reported a vulgar by another member. We do not encourage vulgar indecent language on the forum. You have left us with no other choice but to verify you, or else we will be left with no other choice to ban you from IV website. Please send us a phone number to reach you, or call us at 202/386-6250. If we do not hear from you in next hour, we will be forced to ban you.
We value our message and do not allow others to use IV website to harm our goal.
Please contact us immediately.
IV team
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asanghi
04-30 02:33 PM
Can somebody post the link please?
http://judiciary.house.gov/schedule.aspx
http://judiciary.house.gov/schedule.aspx
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GCOP
07-14 03:37 PM
I just made online payment of $10.
more...
johnnybhai
07-14 01:16 PM
Come on guys, go online to your bank's website and make a ONE-TIME payment to IV. Takes 2 minutes -- rebuilds MANY lives .... including yours.
For details refer the 'Contribute Now' tab and look for Checks.
For details refer the 'Contribute Now' tab and look for Checks.
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SA EB3 Retro
08-13 05:19 PM
Congrats: I feel better after seeing your posting. Mine too was received by R William at 7.55 on 7/2. May be it is on way too
Thanks. It appears they are working their way through the July 2nd filers. I was getting quite nervous as my current visa expires this year and is non-renewable. If the checks had not been cashed last week, I probably would have re-filed the paperwork this week. (If my attorney thought that would be in my best interest.)
Best of luck to you and all other's that are still losing sleep over this. ;)
Thanks. It appears they are working their way through the July 2nd filers. I was getting quite nervous as my current visa expires this year and is non-renewable. If the checks had not been cashed last week, I probably would have re-filed the paperwork this week. (If my attorney thought that would be in my best interest.)
Best of luck to you and all other's that are still losing sleep over this. ;)
more...
9years
11-08 09:44 AM
Then there is nothing much we can do. We have to wait on them or checking LUDs on your I-485 case. I can understand your feelings. I wish you Best of Luck.
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jk333
07-18 05:11 PM
Hi guys,
I am sure every company would have their own 'stuck in gc process' alias.
Please start an IV fund drive, so that you can do this on a company basis.
Theres one going on in mine..and guess what..20 contributions in a couple of hours.
I am sure every company would have their own 'stuck in gc process' alias.
Please start an IV fund drive, so that you can do this on a company basis.
Theres one going on in mine..and guess what..20 contributions in a couple of hours.
more...
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SGP
05-25 01:02 PM
Thanks LONGGCQUE and forgerator. For the benefit of others, I will post the time time it took to get approval as soon as I get it.
It seems Feb 2011 is a golden era for PERM approvals , almost similar effect of July 2007. I have noticed people who filed in February got their PERM approvals in under 2 weeks.
I just got a response today from my employer that my labor has been approved today :D under EB3. It was applied on March 29 & approved today (May 25) its just shy of 2 months.
It seems Feb 2011 is a golden era for PERM approvals , almost similar effect of July 2007. I have noticed people who filed in February got their PERM approvals in under 2 weeks.
I just got a response today from my employer that my labor has been approved today :D under EB3. It was applied on March 29 & approved today (May 25) its just shy of 2 months.
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gc_maine2
04-04 10:27 AM
:confused::confused:
I am excerpting Internal Revenue Code Section 1361 below:
Internal Revenue Code
� 1361 S corporation defined.
(a) S corporation defined.
(1) In general.
For purposes of this title, the term �S corporation� means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.
(2) C corporation.
For purposes of this title, the term �C corporation� means, with respect to any taxable year, a corporation which is not an S corporation for such year.
(b) Small business corporation.
(1) In general.
For purposes of this subchapter, the term �small business corporation� means a domestic corporation which is not an ineligible corporation and which does not�
(A) have more than 100 shareholders,
(B) have as a shareholder a person (other than an estate, a trust described in subsection (c)(2) , or an organization described in subsection (c)(6) ) who is not an individual,
(C) have a nonresident alien as a shareholder, and
(D) have more than 1 class of stock.
(2) Ineligible corporation defined.
For purposes of paragraph (1) , the term �ineligible corporation� means any corporation which is�
(A) a financial institution which uses the reserve method of accounting for bad debts described in section 585 ,
(B) an insurance company subject to tax under subchapter L,
(C) a corporation to which an election under section 936 applies, or
(D) a DISC or former DISC.
There is no mention here that the "resident" must be a permanent resident.
Here is an excerpt of the Federal Regulation that defines who is a "resident alien" for taxation purposes:
Reg �1.871-2. Determining residence of alien individuals.
Caution: The Treasury has not yet amended Reg � 1.871-2 to reflect changes made by P.L. 108-357
(a) General. The term �nonresident alien individual� means an individual whose residence is not within the United States, and who is not a citizen of the United States. The term includes a nonresident alien fiduciary. For such purpose the term �fiduciary� shall have the meaning assigned to it by section 7701(a)(6) and the regulations in Part 301 of this chapter (Regulations on Procedure and Administration). For presumption as to an alien's nonresidence, see paragraph (b) of �1.871-4.
(b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien make his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.
Here is the relevant Federal Regulation on Proof of Residence for determining status for tax purposes:
Reg �1.871-4. Proof of residence of aliens.
(a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax.
(b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien.
(c) Presumption rebutted.
(1) Departing alien. In the case of an alien who presents himself for determination of tax liability before departure from the United States, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien, at least six months before the date he so presents himself, has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien, at least six months before the date he so presents himself, has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(2) Other aliens. In the case of other aliens, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(d) Certificate. If, in the application of paragraphs (c)(1)(iii) or (2)(iii) of this section, the internal revenue officer or employee who examines the alien is in doubt as to the facts, such officer or employee may, to assist him in determining the facts, require a certificate or certificates setting forth the facts relied upon by the alien seeking to overcome the presumption. Each such certificate, which shall contain, or be verified by, a written declaration that it is made under the penalties of perjury, shall be executed by some credible person or persons, other than the alien and members of his family, who have known the alien at least six months before the date of execution of the certificate or certificates.
(c) Application and effective dates. Unless the context indicates otherwise, ��1.871-2 through 1.871-5 apply to determine the residence of aliens for taxable years beginning before January 1, 1985. To determine the residence of aliens for taxable years beginning after December 31, 1984, see section 7701(b) and ��301.7701(b)-1 through 301.7701(b)-9 of this chapter. However, for purposes of determining whether an individual is a qualified individual under section 911(d)(1)(A), the rules of ��1.871-2 and 1.871-5 shall continue to apply for taxable years beginning after December 31, 1984. For purposes of determining whether an individual is a resident of the United States for estate and gift tax purposes, see �20.0-1(b)(1) and (2) and � 25.2501-1(b) of this chapter, respectively.
In summary, I submit to you that if you work in the US for more than 6 months out of a given year, you are a resident alien, and therefore are eligible to set up an S-Corp.
Since I am still learning about this, any input/feedback/logical arguments with relevant proof/citations would be appreciated!
Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??
Thanks
sree
I am excerpting Internal Revenue Code Section 1361 below:
Internal Revenue Code
� 1361 S corporation defined.
(a) S corporation defined.
(1) In general.
For purposes of this title, the term �S corporation� means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.
(2) C corporation.
For purposes of this title, the term �C corporation� means, with respect to any taxable year, a corporation which is not an S corporation for such year.
(b) Small business corporation.
(1) In general.
For purposes of this subchapter, the term �small business corporation� means a domestic corporation which is not an ineligible corporation and which does not�
(A) have more than 100 shareholders,
(B) have as a shareholder a person (other than an estate, a trust described in subsection (c)(2) , or an organization described in subsection (c)(6) ) who is not an individual,
(C) have a nonresident alien as a shareholder, and
(D) have more than 1 class of stock.
(2) Ineligible corporation defined.
For purposes of paragraph (1) , the term �ineligible corporation� means any corporation which is�
(A) a financial institution which uses the reserve method of accounting for bad debts described in section 585 ,
(B) an insurance company subject to tax under subchapter L,
(C) a corporation to which an election under section 936 applies, or
(D) a DISC or former DISC.
There is no mention here that the "resident" must be a permanent resident.
Here is an excerpt of the Federal Regulation that defines who is a "resident alien" for taxation purposes:
Reg �1.871-2. Determining residence of alien individuals.
Caution: The Treasury has not yet amended Reg � 1.871-2 to reflect changes made by P.L. 108-357
(a) General. The term �nonresident alien individual� means an individual whose residence is not within the United States, and who is not a citizen of the United States. The term includes a nonresident alien fiduciary. For such purpose the term �fiduciary� shall have the meaning assigned to it by section 7701(a)(6) and the regulations in Part 301 of this chapter (Regulations on Procedure and Administration). For presumption as to an alien's nonresidence, see paragraph (b) of �1.871-4.
(b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien make his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.
Here is the relevant Federal Regulation on Proof of Residence for determining status for tax purposes:
Reg �1.871-4. Proof of residence of aliens.
(a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax.
(b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien.
(c) Presumption rebutted.
(1) Departing alien. In the case of an alien who presents himself for determination of tax liability before departure from the United States, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien, at least six months before the date he so presents himself, has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien, at least six months before the date he so presents himself, has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(2) Other aliens. In the case of other aliens, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(d) Certificate. If, in the application of paragraphs (c)(1)(iii) or (2)(iii) of this section, the internal revenue officer or employee who examines the alien is in doubt as to the facts, such officer or employee may, to assist him in determining the facts, require a certificate or certificates setting forth the facts relied upon by the alien seeking to overcome the presumption. Each such certificate, which shall contain, or be verified by, a written declaration that it is made under the penalties of perjury, shall be executed by some credible person or persons, other than the alien and members of his family, who have known the alien at least six months before the date of execution of the certificate or certificates.
(c) Application and effective dates. Unless the context indicates otherwise, ��1.871-2 through 1.871-5 apply to determine the residence of aliens for taxable years beginning before January 1, 1985. To determine the residence of aliens for taxable years beginning after December 31, 1984, see section 7701(b) and ��301.7701(b)-1 through 301.7701(b)-9 of this chapter. However, for purposes of determining whether an individual is a qualified individual under section 911(d)(1)(A), the rules of ��1.871-2 and 1.871-5 shall continue to apply for taxable years beginning after December 31, 1984. For purposes of determining whether an individual is a resident of the United States for estate and gift tax purposes, see �20.0-1(b)(1) and (2) and � 25.2501-1(b) of this chapter, respectively.
In summary, I submit to you that if you work in the US for more than 6 months out of a given year, you are a resident alien, and therefore are eligible to set up an S-Corp.
Since I am still learning about this, any input/feedback/logical arguments with relevant proof/citations would be appreciated!
Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??
Thanks
sree
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paskal
09-11 12:08 PM
Hi,
Just bought a NY t-shirt and selected fast delivery. See you all there.
looking forward to seeing you in DC!! :D
Just bought a NY t-shirt and selected fast delivery. See you all there.
looking forward to seeing you in DC!! :D
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reddymjm
06-10 06:30 AM
cat India ROW
-------------------------
E3 Unavailable Unavailable
E2 1 April 2004 Current
source: http://mumbai.usconsulate.gov/cut_off_dates.html
-------------------------
E3 Unavailable Unavailable
E2 1 April 2004 Current
source: http://mumbai.usconsulate.gov/cut_off_dates.html
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GC08
06-02 02:57 PM
Who knows what is going to happen? Look at the mess we have now... who can tell that they are not going to create more mess this time ... esp. for those who stay in the line and wait, wait, wait ... forever!
I have to agree with what someone on this forum said before... being legal, being patient and being nice does not pay. :(
Look at the whole immigration debate, all the amendments proposed and all the special interests group... where were we put? Those stuck in the backlogs were never paid attention to.
Sorry for being pessimistic and negative... but if history provides any indication of the future, it definitely has clearly shows the imcompetence of all the government agencies involved (at best)... at worst, it is a total scam/conspiracy... be it government agencies (have you heard fee increases, wasted visa #s, forever renewals?), employers (have you heard blood-sucking employers), and even some lawyers.
Don't know about you. But I have lost confidence about the whole green card thing. :(
I have to agree with what someone on this forum said before... being legal, being patient and being nice does not pay. :(
Look at the whole immigration debate, all the amendments proposed and all the special interests group... where were we put? Those stuck in the backlogs were never paid attention to.
Sorry for being pessimistic and negative... but if history provides any indication of the future, it definitely has clearly shows the imcompetence of all the government agencies involved (at best)... at worst, it is a total scam/conspiracy... be it government agencies (have you heard fee increases, wasted visa #s, forever renewals?), employers (have you heard blood-sucking employers), and even some lawyers.
Don't know about you. But I have lost confidence about the whole green card thing. :(
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chisinau
07-23 02:46 AM
My attorney told me that there is a chanse that they will be able to approve my DS230 this time, before the retro will hit us again in August. Hope his data is correct. Usually they need 5 - 8 weeks for DS230. And as far as I understand the process, they work with DS230 only if your PD is current, so until the 17-th of August we might hear some good news about DS230. But this is the only positive outcome of the July VB for us.
If the October VB shows "current" for our PD we would have our appointment in consulate. Othervise, no GC in near future.
From my point of view, the chanses to have our interview in october or november are slim. There is a lot of applicants in EB3 before us + I485 recent August approvals. Where they will find visas for AOS applicants? They have already waisted all visa numbers for 2007, but still alowing to file I485... About I485 I am not sure, correct me if I am wrong. Anyway, I believe that there will be severe retrogression begining from the next Fiscal Year.
The only hope we have - is "bridge legislation" for schedule A. Without it even persons on advanced stages of CP will have to wait months or even years for the interview:::((((
P.S.
Just curious.:::))) Where are you from, peyton sawyer? Where in the US are you going to live? I am going to High Point, NC.
If the October VB shows "current" for our PD we would have our appointment in consulate. Othervise, no GC in near future.
From my point of view, the chanses to have our interview in october or november are slim. There is a lot of applicants in EB3 before us + I485 recent August approvals. Where they will find visas for AOS applicants? They have already waisted all visa numbers for 2007, but still alowing to file I485... About I485 I am not sure, correct me if I am wrong. Anyway, I believe that there will be severe retrogression begining from the next Fiscal Year.
The only hope we have - is "bridge legislation" for schedule A. Without it even persons on advanced stages of CP will have to wait months or even years for the interview:::((((
P.S.
Just curious.:::))) Where are you from, peyton sawyer? Where in the US are you going to live? I am going to High Point, NC.
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Leo07
05-03 02:28 PM
^^^^^^^^^^^^^^^^
bpratap
05-18 05:44 PM
I was also under the impression that Bank need not ask for Immigration Docs as long as I have good credit history and PayStub to prove I can re-pay the loan, but they (GMAC) is asking for 3yr continuous VISA from the date of closing.
The Loan Processing officer dont have any clue on VISA / Immigration procedure.
please share ur experiences or advice on how to handle this situation
Getting a bank loan is only dependent on showing that you will be able to pay it back. NO IMMIGRATION STATUS documents are required as long as you have SSN card. If SSN card says "Only with INS Authroization", then bank may ask further questions but if you are clear, the loan will be cleared. There are no legal restrictions.
The Loan Processing officer dont have any clue on VISA / Immigration procedure.
please share ur experiences or advice on how to handle this situation
Getting a bank loan is only dependent on showing that you will be able to pay it back. NO IMMIGRATION STATUS documents are required as long as you have SSN card. If SSN card says "Only with INS Authroization", then bank may ask further questions but if you are clear, the loan will be cleared. There are no legal restrictions.
PD_Dec2002
06-02 10:12 PM
Canadian_Dream, I think your interpretation is wrong..
------------------------------------------------------------------------
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.
-------------------------------------------------------------------------
I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
java_jaggu :
yes, we both are saying the same thing.
Thanks,
Jayant
------------------------------------------------------------------------
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.
-------------------------------------------------------------------------
I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
java_jaggu :
yes, we both are saying the same thing.
Thanks,
Jayant
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