S. 1932 Status

S 1932 is history!

Yes, S 1932 is history. It was passed without section H 8001/8002 - the immigration provisions.

The talk is of passing a comprehensive immigration bill. HR 4437 is one such bill and it has been passed by the House. Senate is expected to take up this issue sometime in Q1, rumor has it, sometime in February.

One big uncertainty in this is Judge Alito's confirmation proceedings. If there is a FILIBURSTER, then the Senate would be deeply divided and God only knows, what will happen then.

Regards

GCStrat :)
 
just contributed

Hi friends:
you are doing great job by trying to do whatever we could to face this "retrogression problem". I just contributed a small amount of $100. thanks for all your time and efforts..
with best wishes and regards
eb2ph
 
I was wondering as to what provisions of S1932 were finally included in the bill when it passed?

One of the provisions would allow for filing of I-485 even if one's priority date is not current. Was this included in the final version?

Thanks,
K
 
America is not just them

Up until today I have remained silent. I had been following you for several weeks on the S1932 bill. This thread is not useful anymore. We all know this issue is over. Either we move on to the incoming immigration bill or we give up. I have felt your ups and downs as my own. It made me realize that most of what I was going through was also shared for a lot of people. I have been for 5 years on H1B, not being able to take advantage of many opportunities available, same employer, not a single raise even though my employer have been given me a very profitable good use. My wife on H4 status, professional, not allowed to work for such a long time, not able to get H1 visa status neither. Both of us now drained not only economically but emotionally, losing hope on our dream of a sound life. Your good fight on the retrogression issue kind of kept us going without giving up. In just a few days what some of you have done with www.immigrationvoice.org is amazing and it truly deserves a lot better than the faint response they have got so far from all of us in this legal black hole. Honestly, I do not care if we are not able to raise 100K dollars for the lobbying efforts for the next immigration bill on February. I don not care if this money is finally lost. It will be money well spent if we all realize that we have to do something instead of waiting years and years and years… Any money is worth the effort regarding our goals, even if our present intention does not succeed. Is worth it!!. Lets move on, hoping for the best… It is worth to try this next immigration bill. Any money spent on this is worth it… Can not you guys see it? More and more years on this black hole!! More years paying our lawyers for H1B renewal, more years for renewal of our driving licenses, more years for our wives to wait, more years for our employers exploiting us… This next immigration bill could be our last chance in many years to get our unfair and sad situation known and probably solved. We would at least raise enough concern about the absurd situation of the legal immigrants… It could be a new Quixote tale, I do not care… I will move there to help this guys… A good part of my next paycheck will go to them in immigrationvoice… Whatever… Keep America growing… America is not just them…. It is all of us… It has always been…
Keep it up…

Cheers.
Still on dreaming...
PERM LC 06 2005 - I140 11 2005 - I485 ??
 
FYI - Senate Judiciary committe - members

Guys and Gals

Here are the most important (for us) 18 people in the whole world right now - the members of the Senate Judiciary Committee.

Regards
GCStrat :)


========================================================
Legend: (r) denotes Republican Senators. Others are Democrats


Arlen Specter (r)
CHAIRMAN, PENNSYLVANIA

Orrin G. Hatch (r)
UTAH

Patrick J. Leahy
RANKING DEMOCRATIC MEMBER, VERMONT

Charles E. Grassley (r)
IOWA

Edward M. Kennedy
MASSACHUSETTS

Jon Kyl (r)
ARIZONA

Joseph R. Biden, Jr.
DELAWARE

Mike DeWine (r)
OHIO

Herbert Kohl
WISCONSIN

Jeff Sessions (r)
ALABAMA

Dianne Feinstein
CALIFORNIA

Lindsey Graham (r)
SOUTH CAROLINA

Russell D. Feingold
WISCONSIN

John Cornyn (r)
TEXAS

Charles E. Schumer
NEW YORK

Sam Brownback (r)
KANSAS

Richard J. Durbin
ILLINOIS

Tom Coburn (r)
OKLAHOMA
 
Where Senators/ Congressmen stand on Immigration

Guys and Gals

Please check out this very interesting website:

http://grades.betterimmigration.com/view_all.php3?Flag=GRADE

This website give grades to Senators/ Congressman on IMMIGRATION ISSUES.

From our perspective,

Folks with grades "A" thru "B-" are "anti-immigration" i.e. despite whatever they talk, their actions are aimed against immigration.

Folks with grades "C+" to "C-" are "fence-sitters" - their actions have spanned both sides of the immigration. It is very important to get these fence-sitters to be on the side to eliminate retrogression.

Folks with grades "D" to "F-" are "pro-immigrants"

Regards
GCStrat :)
 
casteism in US

casteism in US

H1B --- Open category, have few options needs endless struggle

EAD --- Backward class (OBC)

GC --- SC

Citizen -- ST

Just for Fun, doesn'nt mean to hurt anyone, If I had hurt anyones sentiments, please forgive me.
 
eb3 conversion

Guys,

I would really appreciate if somebody can answer this question:

I have applied for my labor certification in EB 3 category in April 2002. My Labor has been approved in August 2005 and my I -140 certified.

I have a US Masters degree and would like to know if I can re-file my labor from the same employer in EB2 with PERM.
I would not like to lose my priority date of April 2002.

Please let me know if this possible .

Thanks,
Teky
 
teky said:
Guys,

I would really appreciate if somebody can answer this question:

I have applied for my labor certification in EB 3 category in April 2002. My Labor has been approved in August 2005 and my I -140 certified.

I have a US Masters degree and would like to know if I can re-file my labor from the same employer in EB2 with PERM.
I would not like to lose my priority date of April 2002.

Please let me know if this possible .

Thanks,
Teky
There is a good discussion on this in vermont 485 discussion forms
Here is the discussion about this
http://immigrationportal.com/showthread.php?t=189663

here are the points:
Rule of Priority Date Retention:

This rule is provided in Section 204.5(d) of the immigration
regulation as follows: 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. Under this rule, when an alien has a multiple approved petitions
with the same employer or different employers, the alien can use the
earliest priority date in filing I-485 application assuming that the
earliest priority date is "current" for him/her. For instance,
assume that a labor certification based I-140 was approved in May 1999 for EB-3 but because of the retrogression, he/she was unable to file
I-485 application. Assume also that same or different employer filed
another L/C and petition of EB-2 for him/her which has also been approved in September 2005. In October, EB-2 will also be retrogressed and the EB-2 visa number will not be available to him/her if he/she is an Indian or Chinese because of the low priority date of the second EB-2 I-140 petition approval. However, under the rule of priority date retention,
he/she can file I-485 in October 2005 using approved EB-2 petition
using the priority date of May 1999, provided that the 1999 EB-3
petition has been not revoked. This cross-transfer of the priority
date is available only among EB-1, EB-2, and EB-3. As will be explained
later, this priority date transfer is not allowed between
EB-1,EB-2,EB-3 and EB-4 or EB-5, or Family Based Immigrant Petitions. Rule of Transfer of Pending I-485 Application to Second Approved
Petition: This rule is clarified in so-called Pearson Memorandum in
2000, which basically stated that pending I-485 can be transferred
to the second approved petition, no matter what kind of petition the
second petition is. Assume that he/she filed EB-3 I-140 petition and
I-485 was filed in 2004 before the visa number retrogressed and
pending. Assume also that another immigrant petition of whatever
nature, including EB-1, EB-2, or EB-4, EB-5, Family-Based petitions,
is later filed and approved. In such case, he/she does not have to
refile I-485 application to use the second approved petition, provided that the first petition was not revoked and the visa number is current
for the second petition. In this transfer of I-485, priority date may or
may not be transferred depending upon the nature of the two
petitions. If the two petitions are in EB-1, EB-2, or EB-3, the priority date
will also be transferred. If the two petitions include EB-1/EB-2/EB-3 and Family Petition or EB-4 or EB-5, the priority date cannot be
transferred between these two petitions, even though the pending
I-485 application can be transferred between these two petitions. Simply
put, "transfer of I-485 between two petitions" means he/she does not have to refile I-485 application to use second petition, while the rule of
priority date retention defines the transfer of the priority date
among EB-1, EB-2, and EB-3.
 
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My company attorney suggestion was not to do so, as by doing so the sponsering firm would create a negative impression on USCIS...Well, do not know further what he meant by that.




teky said:
Guys,

I would really appreciate if somebody can answer this question:

I have applied for my labor certification in EB 3 category in April 2002. My Labor has been approved in August 2005 and my I -140 certified.

I have a US Masters degree and would like to know if I can re-file my labor from the same employer in EB2 with PERM.
I would not like to lose my priority date of April 2002.

Please let me know if this possible .

Thanks,
Teky
 
Undestand the coming calamity of EB3 retrogression and act NOW

I understand that some of us waiting for LC. Some of us are waiting for getting past I-140. Then what? All of us in these 2 categories are missing the point and what is in store in the next few years. As it stands right now, we have no chance of our I-485 getting filed in the next 3 or 4 years.
When retrogression moves to Apr 2001, there are at least a million cases that will be sucked in at that time. Don't take comfort in the feeling that there are not many illegal immigrants from my country, whatever it is, India, China are not there and "I won't be affected". Each one of us must understand the coming bottleneck for EB3 I 485 retrogression date. Talk your problems to the HR/Immigration dept person. It is likely they don't the enormity of the problem. Talk to your attorneys. Write letters to editors, to senators and congressmen, send faxes, contribute money to good groups that are making some movement to ease these restrictions. Read and participate in forums. Discuss openly with your friends.


I saw this beautiful exposition of our plight and what is to come in the next few years. I know many of you may fee this is a DBEC forum for LC. We have seen for the past 2 and 1/2 years how this LC business is progressing. Some posts are valid pointers, but many are just queries, questions to other members.

Directly or indirectly, each one of us must get behind the efforts of other able persons, who are organizing opinions, arranging voluntary activism. Please read this post to understand the gravity of the I-485 issue. Write letters to editors, talk to immigration people / HR people in the company, and participate actively in discussion boards with good leads, examples of articles.

http://immigrationvoice.org/forum/s...php?t=34&page=2

Any comments are welcome.
 
Retrogression is here to stay = Attn EB2 guys !!!!

Guys and Gals

Please be aware, there were more H-1B from India than any other country - over the past 4-5 years India has been sending over half of all H-1B professionals. So, naturally, there are more people from Indian applying for Employment based GC.

Year 2000: H1B quota: 65,000 === estimated Indians: > 30,000 ; Max GC for India: ~25000; backlog: > 5,000

Year 2001: H1B quota: 195,000 === estimated Indians: > 90,000 ; Max GC for India: ~25000; backlog: > 65,000

Year 2002: H1B quota: 195,000 === estimated Indians: > 90,000 ; Max GC for India: ~25000; backlog: > 65,000

Year 2003: H1B quota: 195,000 === estimated Indians: > 90,000 ; Max GC for India: ~25000; backlog: > 65,000

Year 2004: H1B quota: 85,000 === estimated Indians: > 40,000 ; Max GC for India: ~25000; backlog: > 15,000

Year 2005: H1B quota: 85,000 === estimated Indians: > 40,000 ; Max GC for India: 25000; backlog: > 15,000


=>>> Implies over 225,000 Indians are in queue.

Based on Eb2/ Eb3 poll, ratio of EB2: EB3 is 1:2 i.e. for every EB2 person, there are two EB3 people.

This implies over 75,000 EB2 category Indians are possible. EVEN If they allocate the entire Indian quota to EB2, it will still take 3 years to reach 2005.

So, retrogression is here to stay !!!!

Regards
GCStrat :)
 
Guys, I would really appriciate if you can answer this question for me..

I have worked for company A from 2000 to 2003 and applied for GC from New York Feb 2002 in RIR EB2. Since this was not going anywhere.. I moved to employer B in Boston(Aug 2003) and got labor and 140 but the priority date is in Aug 2003 and it is in EB3 and I am stuck here forever now.

So I am thinking of moving back to Employer A because of the better priority date, but I am entering my 7 th year by end of this Feb 2006. I have a valid visa and stamp, I-94 till July 2006 from my current employer B.

Now what are my options to move back to employer A..

1)Can I apply for 7th year extention from company A?

2)Do I have to change to employer A before 7th year enters and apply for Extention of 1 year immediately or I can transfer to company A till July 2006(thats when my current H1-B, I-94 expires with employer B)?

3)Can I continue.. with the current employer B and apply for 140 and 485 through employer A(as a future applicant, even though I was working for them at the time of LC application)?
 
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