dcmetro22042
Registered Users (C)
Pineapple: Can you provide a link to that page?
Priority Date Retrogress: Impact on Employment based petition
- Thread starter Sam B.
- Start date
dcmetro22042 said:
Here is the link for the main home page:
http://www.immigrationportal.org/
For donations, click on 'Donations' tab. You will see a page for making donations through Paypal or checks. If you want to make a donation using Credit Card, use the PayPal link, and select 'Purchase' with no shipping to complete the transaction. Let me know if you have any problems making a donation. (I'm not an official representative or volunteer of immigrationportal.org, just a normal guy who has made donations earlier and can only help you with basic navigation!)
How can I support the petition
Could someone please provide me with a link where I can signup to support the petiotion. Is there a formal petition page that is accessible.
I would love to provide financial support as well, if there is really a structured effort in lobbying our case.
Please provide the info above, if you know where to find it.
thanks,
frog
Could someone please provide me with a link where I can signup to support the petiotion. Is there a formal petition page that is accessible.
I would love to provide financial support as well, if there is really a structured effort in lobbying our case.
Please provide the info above, if you know where to find it.
thanks,
frog
pre approved labor and PD
Hi,
Probably my question may be answered somewhere in one of the trackers in this forum.
However due to the urgency - I am posting my question here.
What will be my PD if I use a pre-approved labor for applying I140/ 485 ?
is it the original PD of the labor ?
Hi,
Probably my question may be answered somewhere in one of the trackers in this forum.
However due to the urgency - I am posting my question here.
What will be my PD if I use a pre-approved labor for applying I140/ 485 ?
is it the original PD of the labor ?
gcwait2002
Registered Users (C)
I-140/I-485 acceptance before Dec 31, 2004
With the I-485 retrogression posted today, is it valid for I-485 filed from Jan 1, 2005 or today. My wife's PD is 05/02, RD 03/24/03. If she gets the LC and if we are able to send the I-140/I-485 before 12/31/2004, will USCIS accept it?
Please let me know, based on past infortmation.
With the I-485 retrogression posted today, is it valid for I-485 filed from Jan 1, 2005 or today. My wife's PD is 05/02, RD 03/24/03. If she gets the LC and if we are able to send the I-140/I-485 before 12/31/2004, will USCIS accept it?
Please let me know, based on past infortmation.
gcwait2002
Registered Users (C)
usnycus said:
Thanks for the response.
PainfulGC123
Registered Users (C)
Visa Bulletin
Number 77
Volume VIII
Washington, D.C.
IMMIGRANT NUMBERS FOR JANUARY 2005
http://travel.state.gov/visa/frvi_bulletincurrent.html
The Department of State has available a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.
Number 77
Volume VIII
Washington, D.C.
IMMIGRANT NUMBERS FOR JANUARY 2005
http://travel.state.gov/visa/frvi_bulletincurrent.html
The Department of State has available a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.
help4lc said:
No , I am told in case of pre app labor , PD = date of 140 filing. so no applying for 485 after Jan. I am on the same boat, but will file before Jan. However, a lot of people say even in case of P.A. labor, PD is oriinal PD--- so apply n see what happens
Is this correct
C. AC21 104(c) - "One -Time Protection" Benefits Extension of H-lB Status Permitted where Adjustment Pending under Per Country Limitations
The AC21 104(c) enables H-lB nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-lB nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)
(4). The statute states that the beneficiary must:
(a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based ("EB") petition); and
(b) be eligible to be granted that status except for the per-country limitations.
Any H-lB nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-lB nonimmigrant status until a decision is made on the nonimmigrant's application for adjustment of status.
1. Procedure for processing "one -time protection" benefits
In order for a nonimmigrant to obtain an extension of H-lB nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, "H-lB Data Collection and Filing Fee Exemption" for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-lB Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.
The status of a dependent of an H-lB nonimmigrant is derivative of and linked to the status of the principal H-lB nonimmigrant. Therefore, dependents are eligible for H-4 status upon the
filing of an H-lB petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-lB petition filed on behalf of the principal H-lB nonimmigrant.
C. AC21 104(c) - "One -Time Protection" Benefits Extension of H-lB Status Permitted where Adjustment Pending under Per Country Limitations
The AC21 104(c) enables H-lB nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-lB nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)
(4). The statute states that the beneficiary must:
(a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based ("EB") petition); and
(b) be eligible to be granted that status except for the per-country limitations.
Any H-lB nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-lB nonimmigrant status until a decision is made on the nonimmigrant's application for adjustment of status.
1. Procedure for processing "one -time protection" benefits
In order for a nonimmigrant to obtain an extension of H-lB nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, "H-lB Data Collection and Filing Fee Exemption" for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-lB Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.
The status of a dependent of an H-lB nonimmigrant is derivative of and linked to the status of the principal H-lB nonimmigrant. Therefore, dependents are eligible for H-4 status upon the
filing of an H-lB petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-lB petition filed on behalf of the principal H-lB nonimmigrant.
Pareshan4GC
Registered Users (C)
Article on murthy.com
http://www.murthy.com/nflash/nflash9.html
Employment Visa Numbers Retrogress!
Dec 09, 2004
As predicted, the Department of State (DOS) has announced that the Employment Based, 3rd Preference (EB3) visa numbers for India, mainland China, and the Philippines will retrogress on January 1, 2005. The EB3 numbers for nationals of the listed countries will retrogress to January 1, 2002. This means that, as of January 1, 2005, anyone who is the beneficiary of a labor certification (or I-140 if a labor certification was not required) in the EB3 category filed on or after January 1, 2002, will not be permitted to file the I-485 or have a consular interview for an immigrant visa until the numbers move beyond this date. The DOS has indicated that further retrogression may be possible in future months. For a detailed analysis of the implications of retrogression, see our Sep 24, 2004 article, Priority Dates May Retrogress <murthy.com/news/n_pridat.html>, available on MurthyDotCom. The DOS Visa Dates <murthy.com/visadate.html> are also available on MurthyDotCom.
Special emphasis on the bold item "The DOS has indicated that further retrogression may be possible in future months." What does this line mean? Does it mean that the dates could retrogress further like Jan 2001 etc etc.
http://www.murthy.com/nflash/nflash9.html
Employment Visa Numbers Retrogress!
Dec 09, 2004
As predicted, the Department of State (DOS) has announced that the Employment Based, 3rd Preference (EB3) visa numbers for India, mainland China, and the Philippines will retrogress on January 1, 2005. The EB3 numbers for nationals of the listed countries will retrogress to January 1, 2002. This means that, as of January 1, 2005, anyone who is the beneficiary of a labor certification (or I-140 if a labor certification was not required) in the EB3 category filed on or after January 1, 2002, will not be permitted to file the I-485 or have a consular interview for an immigrant visa until the numbers move beyond this date. The DOS has indicated that further retrogression may be possible in future months. For a detailed analysis of the implications of retrogression, see our Sep 24, 2004 article, Priority Dates May Retrogress <murthy.com/news/n_pridat.html>, available on MurthyDotCom. The DOS Visa Dates <murthy.com/visadate.html> are also available on MurthyDotCom.
Special emphasis on the bold item "The DOS has indicated that further retrogression may be possible in future months." What does this line mean? Does it mean that the dates could retrogress further like Jan 2001 etc etc.