Indiana SWA tracker
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Indianacarmel
Registered Users (C)
the below is the answer from my lawer to the questions I asked " why 45 days letter issiance is not in order"....
quote
This is happening. I suspect it simply has to do with which box they're opening first. I still have so many cases with 2001 and 2002 priority date that I'm not at all concerned about any one case. If we start to have a lingering case or two and everyone else seems to be progressing, that will be cause for concern. We're no where near that point yet.
unquote
quote
This is happening. I suspect it simply has to do with which box they're opening first. I still have so many cases with 2001 and 2002 priority date that I'm not at all concerned about any one case. If we start to have a lingering case or two and everyone else seems to be progressing, that will be cause for concern. We're no where near that point yet.
unquote
longwaythere
Registered Users (C)
45 D L
My PD is NOV 02, EB2.
I got my 45 day letter long time ago in june. I did not get the labor certification so far.
WHat is the point in podering over the 45 day letter when it does not matter at point with the retrogression in effect.
I would have mattered if I got my labor prior to sept 30.
Thanks
My PD is NOV 02, EB2.
I got my 45 day letter long time ago in june. I did not get the labor certification so far.
WHat is the point in podering over the 45 day letter when it does not matter at point with the retrogression in effect.
I would have mattered if I got my labor prior to sept 30.
Thanks
longwaythere
Registered Users (C)
45 D L
My PD is NOV 02, EB2.
I got my 45 day letter long time ago in june. I did not get the labor certification so far.
WHat is the point in pondering over the 45 day letter when it does not matter at point with the retrogression in effect.
It would have mattered if I got my labor prior to sept 30 05.
Thanks
My PD is NOV 02, EB2.
I got my 45 day letter long time ago in june. I did not get the labor certification so far.
WHat is the point in pondering over the 45 day letter when it does not matter at point with the retrogression in effect.
It would have mattered if I got my labor prior to sept 30 05.
Thanks
45 letter
I cannot agree more. The 45 DL is the very first step in the process. Without that, you will not dream about the labor certification definitely. And we don't know how fast the retrogression can move. The more steps you can reach before that, the better.
I cannot agree more. The 45 DL is the very first step in the process. Without that, you will not dream about the labor certification definitely. And we don't know how fast the retrogression can move. The more steps you can reach before that, the better.
sleepless_in_IN said:
longwaythere
Registered Users (C)
NOTE 45 Day Letters DONOT MATTER ANY MORE
I strongly disagree with the dudes above.
Getting a 45 Day letter now or within the nesxt 6months or 2 years does not matter. I hope you all get it.
Get 45 day letter and do what? Yes you might get the labor in the following 6 months( which has not happened in my case though) and do what.
You cannot file you 485 for another 5 years( eb2) and 7years (EB3). THat means no EAD, no AP and no 485 and also means maitain the same job carefully and keep extending your h1b.
The final green card or even EAD approval will be at the same time despite me getting 45DL 6 months ago or you getting it 1 year from now.
I am not ridiculing anyone here but only want to make a point that sweating over the 45 day letter is not worth it at this juncute.
True retrogression will move someday, but if you do the math and analyse the statistics .... you will find out the truth dude.
SKD
I strongly disagree with the dudes above.
Getting a 45 Day letter now or within the nesxt 6months or 2 years does not matter. I hope you all get it.
Get 45 day letter and do what? Yes you might get the labor in the following 6 months( which has not happened in my case though) and do what.
You cannot file you 485 for another 5 years( eb2) and 7years (EB3). THat means no EAD, no AP and no 485 and also means maitain the same job carefully and keep extending your h1b.
The final green card or even EAD approval will be at the same time despite me getting 45DL 6 months ago or you getting it 1 year from now.
I am not ridiculing anyone here but only want to make a point that sweating over the 45 day letter is not worth it at this juncute.
True retrogression will move someday, but if you do the math and analyse the statistics .... you will find out the truth dude.
SKD
45 letter is important
Even for those people from backlogged countries, some of them have priority of 2001 and 2002. You don't know how fast the date moves. For EB2, it might moved to 2001 and 2002 with a year, who know? But if we can only have labor approved in 2 years, what will that make you feel in this case.
This a news about freeing up more immigration visas which makes my point more valid.
Please see the news below, especially the last sentence.
Recapture of Unused Immigrant Visa Numbers
Currently, the worldwide number of employment-based immigrant visas available during a given fiscal year amounts to approximately 140,000 (although this number can fluctuate in years when unused family-based immigrant visas trickle down into the employment category). The 140,000 figure includes visas issued to principal beneficiaries of I-140 immigrant worker petitions and to their spouses and children.
The proposed language would provide that the worldwide level of employment-based immigrant visas would include the sum of (1) a baseline pool of 140,000 visas; (2) the number of unused family-based immigrant visas from the previous fiscal year; and (3) the number of unused employment-based immigrant visas from all previous fiscal years (excluding visas allocated to "Schedule A" categories) or 90,000, whichever is less.
Spouses and children would no longer be counted against the overall limit, which in itself would free up a substantial number of visas. Finally, all I-140 petitions would be subject to a "supplemental petition fee" of $500, on top of the normal filing fee.
Even for those people from backlogged countries, some of them have priority of 2001 and 2002. You don't know how fast the date moves. For EB2, it might moved to 2001 and 2002 with a year, who know? But if we can only have labor approved in 2 years, what will that make you feel in this case.
This a news about freeing up more immigration visas which makes my point more valid.
Please see the news below, especially the last sentence.
Recapture of Unused Immigrant Visa Numbers
Currently, the worldwide number of employment-based immigrant visas available during a given fiscal year amounts to approximately 140,000 (although this number can fluctuate in years when unused family-based immigrant visas trickle down into the employment category). The 140,000 figure includes visas issued to principal beneficiaries of I-140 immigrant worker petitions and to their spouses and children.
The proposed language would provide that the worldwide level of employment-based immigrant visas would include the sum of (1) a baseline pool of 140,000 visas; (2) the number of unused family-based immigrant visas from the previous fiscal year; and (3) the number of unused employment-based immigrant visas from all previous fiscal years (excluding visas allocated to "Schedule A" categories) or 90,000, whichever is less.
Spouses and children would no longer be counted against the overall limit, which in itself would free up a substantial number of visas. Finally, all I-140 petitions would be subject to a "supplemental petition fee" of $500, on top of the normal filing fee.
sleepless_in_IN said:
longwaythere
Registered Users (C)
45 D letter
Worldwide China India
1st Current 1-01-00 8-01-02
2nd Current 5-01-00 11-01-99
3rd 3-01-01 5-01-00 1-01-98
Hi Sleepless, Here are the currents dates. True my mail was on the assumption that the applicant is from either India or china or EB3 world wide.
Again there is no point sweating on the 45 day letter unless you dont fit in to the above mentioned critieria.
I GUESS IT IS YOU WHO ARE GIVING OUT THE WRONG FACTS NOT ME.
NOTE THAT THE PD IS NOT THE 140 DATE RATHER IT IS THE DATE YOU FILED FOR LABOR OR TO BE MORE SPECIFIC THE RD OF THE LABOR. WHAT IT MEANS IS it does not matter when you get the 45day letter or for the fact the labor if you status is not current in the above table.
PSJV, i did not make an assumption based on the past. Actually the past was good. It is the future which does not look too good. If you are either eb3 or eb2 from india or china and have not filed for 485 so far THE FACT IS YOU MIGHT NOT BE ABLE TO DO IT FOR ANOTHER 5-8 YEARS. THAT MEANS KEEP GUARD YOU JOB AND H1B STATUS FOR NEXT FEW YEARS. True things might change, but it is again an assupmtion to most of US.
Beware with the economy in doldrums there might not be much of a lobby for immigation in washington and infact may be the opposite.
SKD
Worldwide China India
1st Current 1-01-00 8-01-02
2nd Current 5-01-00 11-01-99
3rd 3-01-01 5-01-00 1-01-98
Hi Sleepless, Here are the currents dates. True my mail was on the assumption that the applicant is from either India or china or EB3 world wide.
Again there is no point sweating on the 45 day letter unless you dont fit in to the above mentioned critieria.
I GUESS IT IS YOU WHO ARE GIVING OUT THE WRONG FACTS NOT ME.
NOTE THAT THE PD IS NOT THE 140 DATE RATHER IT IS THE DATE YOU FILED FOR LABOR OR TO BE MORE SPECIFIC THE RD OF THE LABOR. WHAT IT MEANS IS it does not matter when you get the 45day letter or for the fact the labor if you status is not current in the above table.
PSJV, i did not make an assumption based on the past. Actually the past was good. It is the future which does not look too good. If you are either eb3 or eb2 from india or china and have not filed for 485 so far THE FACT IS YOU MIGHT NOT BE ABLE TO DO IT FOR ANOTHER 5-8 YEARS. THAT MEANS KEEP GUARD YOU JOB AND H1B STATUS FOR NEXT FEW YEARS. True things might change, but it is again an assupmtion to most of US.
Beware with the economy in doldrums there might not be much of a lobby for immigation in washington and infact may be the opposite.
SKD
longwaythere said:
I am disturbed by the tone this Indiana forum is taking. The 45 day letter in my instance could alter the entire future. Without it I cannot get my application certified and if it is not done before December 23rd my son ages out. Once my I140 is filed they can take as long as they like to process it because that entire time will be taken off my sons age when our visa date becomes current so the longer the take they better.
Maybe you could begin to appreciate that for some people how long all this takes can be life changing.
Speculation !!!
All,
Some folks are airing views based off worst case scenario and are not supported by any facts.Venting frustation is good but any view aired without any supporting fact is pure speculation.I feel with the information we all have we cannot come to any conclusion and be optimistic and positive
Thanks
All,
Some folks are airing views based off worst case scenario and are not supported by any facts.Venting frustation is good but any view aired without any supporting fact is pure speculation.I feel with the information we all have we cannot come to any conclusion and be optimistic and positive
Thanks
aging out
If your child is 16 I doubt you will have to worry unless the retrogression does not move. A child ages out for derivative immigration benefits (i.e. cannot be considered a dependant to apply for adjustment of status once they turn 21.)
My labor application was filed in November 2002 and I did not imagine that three years later our family would be on tenterhooks not knowing which way to turn regarding our green cards. I have already been through the LC and I140 process once and the I140 was refused due to the job adverts being placed incorrectly. It was still approved by labor though.
We moved here when my son was just 14, so he has nothing left in England except two grandparents and we are having to try and get him a student visa so he can remain here.
Once a child ages out they are on their own. You have to hope they either marry an american and get a green card that way or maybe get their own H1B and start the whole process on their own once they have a degree. Amazing such an apparently developed country could be this unhumane when it comes to family units. I remember hearing the current adminstration preaching continually that they stood for family values and good morals during their election routine. Not quite the case when it comes to non-immigrants.
OhCanada said:
If your child is 16 I doubt you will have to worry unless the retrogression does not move. A child ages out for derivative immigration benefits (i.e. cannot be considered a dependant to apply for adjustment of status once they turn 21.)
My labor application was filed in November 2002 and I did not imagine that three years later our family would be on tenterhooks not knowing which way to turn regarding our green cards. I have already been through the LC and I140 process once and the I140 was refused due to the job adverts being placed incorrectly. It was still approved by labor though.
We moved here when my son was just 14, so he has nothing left in England except two grandparents and we are having to try and get him a student visa so he can remain here.
Once a child ages out they are on their own. You have to hope they either marry an american and get a green card that way or maybe get their own H1B and start the whole process on their own once they have a degree. Amazing such an apparently developed country could be this unhumane when it comes to family units. I remember hearing the current adminstration preaching continually that they stood for family values and good morals during their election routine. Not quite the case when it comes to non-immigrants.
485 retrogression
All,
Got this info. from one of the threads.Looks like it passed judiciary commitee and need to pass senate commitee.Some ray of hope ????
Any information from anybody on this????
Source :www.immigration-law.com
10/13/2005: IMPORTANT NEWS: We Need Your Help!!
AILA has reported that the Senate Judiciary Committe is markedup a very important legislative bill on October 20, 2005, coming Thursday, to discuss the Budget Reconciliation and Immigration proposal that can give some relief to the current H-1B blackout and EB immigrant visa number retrogression. According to the AILA, the proposal includes the following:
Recapture of 300,000 unused H-1B numbers
Recpature of 90,000 unused EB immigrant visa numbers
Exempting spouses and minor children of EB principal aliens from the annual EB quota limit
Permit filing of I-485 even during the visa number retrogression.
AILA states that it is vitally important that the people in business community and scientific and research organizations reach out tothe following members of the Senate Judiciary Committee as urgently as possible:
Arlen Specter (R-PA) Chairman Patrick Leahy (D-VT) Ranking
Orrin Hatch (R-UT) Edward Kennedy (D-MA)
Charles Grassley (R-IA) Joseph Biden (D-DE)
Mike DeWine (R-OH) Herbert Kohl (D-WI)
Jeff Sessions (R-AL) Dianne Feinstein (D-CA)
Lindsey Graham (R-SC) Russ Feingold (D-WI)
John Cornyn (R-TX) Charles Schumer (D-NY)
Sam Brownback (R-KS) Richard Durbin (D-IL)
Tom Coburn (R-OK)
Jon Kyl (R-AZ)
Please call (202)224-3121 Congressional switchboard and obtain their email addresses or through their websites as quickly as possible: It is "extremely" important that everyone participates in this last minute campaign. For the talking points, please click here
All,
Got this info. from one of the threads.Looks like it passed judiciary commitee and need to pass senate commitee.Some ray of hope ????
Any information from anybody on this????
Source :www.immigration-law.com
10/13/2005: IMPORTANT NEWS: We Need Your Help!!
AILA has reported that the Senate Judiciary Committe is markedup a very important legislative bill on October 20, 2005, coming Thursday, to discuss the Budget Reconciliation and Immigration proposal that can give some relief to the current H-1B blackout and EB immigrant visa number retrogression. According to the AILA, the proposal includes the following:
Recapture of 300,000 unused H-1B numbers
Recpature of 90,000 unused EB immigrant visa numbers
Exempting spouses and minor children of EB principal aliens from the annual EB quota limit
Permit filing of I-485 even during the visa number retrogression.
AILA states that it is vitally important that the people in business community and scientific and research organizations reach out tothe following members of the Senate Judiciary Committee as urgently as possible:
Arlen Specter (R-PA) Chairman Patrick Leahy (D-VT) Ranking
Orrin Hatch (R-UT) Edward Kennedy (D-MA)
Charles Grassley (R-IA) Joseph Biden (D-DE)
Mike DeWine (R-OH) Herbert Kohl (D-WI)
Jeff Sessions (R-AL) Dianne Feinstein (D-CA)
Lindsey Graham (R-SC) Russ Feingold (D-WI)
John Cornyn (R-TX) Charles Schumer (D-NY)
Sam Brownback (R-KS) Richard Durbin (D-IL)
Tom Coburn (R-OK)
Jon Kyl (R-AZ)
Please call (202)224-3121 Congressional switchboard and obtain their email addresses or through their websites as quickly as possible: It is "extremely" important that everyone participates in this last minute campaign. For the talking points, please click here
Need advise from Gurus
Gurus,
I'm planning to switch my job through a new H1B from the new employer and then apply through PERM.
However, I have already used up my 7 years and this is my 8th extension running.
My case status:
Non RIR, MI
PD is May, 2002 (non RIR)
Case Number DBEC 05171-7xxxx
No 45-day letter as of yet
My questions are:
1. Can I apply for an H1B?
2. Can I use the same PD from the old application?
3. Am I gaining anything out of this switch?
Please advise.
Thanks.
Gurus,
I'm planning to switch my job through a new H1B from the new employer and then apply through PERM.
However, I have already used up my 7 years and this is my 8th extension running.
My case status:
Non RIR, MI
PD is May, 2002 (non RIR)
Case Number DBEC 05171-7xxxx
No 45-day letter as of yet
My questions are:
1. Can I apply for an H1B?
2. Can I use the same PD from the old application?
3. Am I gaining anything out of this switch?
Please advise.
Thanks.
Retrogression Issues
All,
I would encourage everybody to visit www.competeamerica.org and provide your feedback.I've provided mine today...
Thanks
All,
I would encourage everybody to visit www.competeamerica.org and provide your feedback.I've provided mine today...
Thanks
Indianacarmel
Registered Users (C)
DRHNP,
Your case was entered on the same day as mine ( PD 04/2002 Indiana, never made to regional). I don't have 45 D letter yet.
Your case was entered on the same day as mine ( PD 04/2002 Indiana, never made to regional). I don't have 45 D letter yet.
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