houston2005
07-10 10:19 PM
Thanks for your amazing help.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
In EB1, there is a category Aliens of Extraordinary Ability where you don't need employer sponsorship.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
In EB1, there is a category Aliens of Extraordinary Ability where you don't need employer sponsorship.
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qualified_trash
10-06 03:36 PM
this is also assuming that you have filed for your 485. you cannot apply portability with:
approved labor + approved I140
you can only move to another employer with:
approved labor + approved I140 + pending 485
approved labor + approved I140
you can only move to another employer with:
approved labor + approved I140 + pending 485
santb1975
12-09 01:59 PM
to the omnibus funding drive
http://immigrationvoice.org/forum/showthread.php?t=15905
I wish I can be a bad cop and push this thread down but I am bumping it up instead. Now I have to bump my favorite omnibus drive up :(
Situation:
H1b valid until 2010, visa stamp expired.
AP available
Not recieved EAD yet
Can you we go on a cruise to Bahamas?
Also do Indian citizens need visa to Bahamas cruise?
Thanks in advance
http://immigrationvoice.org/forum/showthread.php?t=15905
I wish I can be a bad cop and push this thread down but I am bumping it up instead. Now I have to bump my favorite omnibus drive up :(
Situation:
H1b valid until 2010, visa stamp expired.
AP available
Not recieved EAD yet
Can you we go on a cruise to Bahamas?
Also do Indian citizens need visa to Bahamas cruise?
Thanks in advance
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GCWhru
03-25 09:49 AM
I applied on Dec 21st and case is still pending.
I wonder why they are not updating the processing times page lately, it is still shows Feb 15th as the updated date rather it should have updated on mid March.
I wonder why they are not updating the processing times page lately, it is still shows Feb 15th as the updated date rather it should have updated on mid March.
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SK2007
10-15 11:35 AM
Guys,
Finally my problem and my questions are solved.
I drove up to the Canadian Border near Niagara Falls (Buffalo), they Canaidan Border Officials took my I-94. I took a drive in canada for 10 minutes. I even stopped at spot to view the Niagara Falls from Canadian side and drove back into US. I was issued a new I-94 with out any additional interogation.
What surprised me was my Canadian Visa expired on 09/01/2007 and i was still allowed to enter into Canada.
Anyways Thank you guys for all your responses.
I am kind of relieved related to my issue related to I-94.
GC_DREAMER_485
Good it all worked out for you. I am sure they stamped your passport on the way back into USA. Just keep track of your intrnational travel at some point it might be required, you might loose track of them if you don't have exit or entry stamps on your passport.
Good luck,
Finally my problem and my questions are solved.
I drove up to the Canadian Border near Niagara Falls (Buffalo), they Canaidan Border Officials took my I-94. I took a drive in canada for 10 minutes. I even stopped at spot to view the Niagara Falls from Canadian side and drove back into US. I was issued a new I-94 with out any additional interogation.
What surprised me was my Canadian Visa expired on 09/01/2007 and i was still allowed to enter into Canada.
Anyways Thank you guys for all your responses.
I am kind of relieved related to my issue related to I-94.
GC_DREAMER_485
Good it all worked out for you. I am sure they stamped your passport on the way back into USA. Just keep track of your intrnational travel at some point it might be required, you might loose track of them if you don't have exit or entry stamps on your passport.
Good luck,
xlr8r
10-19 06:11 PM
That's pretty much what my lawyer told me.
Okay. I was able to talk to my attorney just a few minutes ago. He said, to do interfiling , you do not need to have PD current based on new I-140 as this is just a case update with new 140 information. He said that in any case, your 485 will be picked based on PD. I found him very very confident when he was telling me all this info to me.
Okay. I was able to talk to my attorney just a few minutes ago. He said, to do interfiling , you do not need to have PD current based on new I-140 as this is just a case update with new 140 information. He said that in any case, your 485 will be picked based on PD. I found him very very confident when he was telling me all this info to me.
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sayonara
09-18 04:24 PM
Any FP notices for folks falling in this category?
Please keep updating..thanks all !
Please keep updating..thanks all !
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wandmaker
12-09 12:20 AM
Labor category is not an issue here. It is the position (Manager), job roles and responsibilties listed appears to be very restrictive. Secondly, the audit has increased.
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H4_losing_hope
02-11 02:14 PM
The elimination of NC delays will reflect positively on many pending applications with earlier PDs.
One other such positive result can come by capturing lost Visa numbers, something that can potentially happen through the letter campaign. Let us hope it goes as planned.
Good point, new folks please note, one of the main reliefs IV is campaigning for with the letter effort is the release of the unused visa numbers. When you have time, please gather a few more letters signed by friends and colleagues. We need to push for this campaign to truly have an effect. Now is our chance!! :) Thanks!
One other such positive result can come by capturing lost Visa numbers, something that can potentially happen through the letter campaign. Let us hope it goes as planned.
Good point, new folks please note, one of the main reliefs IV is campaigning for with the letter effort is the release of the unused visa numbers. When you have time, please gather a few more letters signed by friends and colleagues. We need to push for this campaign to truly have an effect. Now is our chance!! :) Thanks!
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sdeshpan
01-26 10:40 AM
I see an update on jan 24 on this bill to grant 55000 visas for advance degree holders from DV lottery. Does this mean progress? Rest of the immigration bills never make it to the sub committee.
Jan 5th Referred to the House Committee on the Judiciary.
Jan 24th Referred to the Subcommittee on Immigration Policy and Enforcement
Interesting...looks like this bill is moving faster than we'd think...it would be interesting to see where it ends up. Also, it appears that this bill does not talk about giving the DV visas to existing EB-X categories but instead to create a new EB category for STEM graduates...not sure, but that's what it sounds like.
Jan 5th Referred to the House Committee on the Judiciary.
Jan 24th Referred to the Subcommittee on Immigration Policy and Enforcement
Interesting...looks like this bill is moving faster than we'd think...it would be interesting to see where it ends up. Also, it appears that this bill does not talk about giving the DV visas to existing EB-X categories but instead to create a new EB category for STEM graduates...not sure, but that's what it sounds like.
more...
subba
12-05 05:14 PM
What do you mean? I thought we can only get it stamped outside US.
That is what my attorney kind of said as well. The thing is there is really no
"start date" on the visa stamp so clubbing the I797's is effectively the same
as honoring the second I797 (as far as the date on the I797 is concerned).
My only concern in that case if the officer at the port of entry has any issues because of the two I797's.
Are you planning to get it stamped when you are outside US?
I just talked to my attorney and he says that the US Embassy will club both the 797 dates and give you a combined visa. I still would like to confirm it with other sources as it sounds too good to be true.
That is what my attorney kind of said as well. The thing is there is really no
"start date" on the visa stamp so clubbing the I797's is effectively the same
as honoring the second I797 (as far as the date on the I797 is concerned).
My only concern in that case if the officer at the port of entry has any issues because of the two I797's.
Are you planning to get it stamped when you are outside US?
I just talked to my attorney and he says that the US Embassy will club both the 797 dates and give you a combined visa. I still would like to confirm it with other sources as it sounds too good to be true.
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Desertfox
10-06 07:58 PM
You mean the 6 bodies found in LA belong to an Indian American family?
more...
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DesiGuy
09-11 11:27 AM
found this excellent details and thought should share it. :)
Have also highlighted #6 where HR 5882 is currently at
http://www.vote-smart.org/resource_govt101_02.php
GOVERNMENT 101: How a Bill Becomes Law
A.
Legislation is Introduced - Any member can introduce a piece of legislation
House - Legislation is handed to the clerk of the House or placed in the hopper.
Senate - Members must gain recognition of the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day.
* The bill is assigned a number. (e.g. HR 1 or S 1)
* The bill is labeled with the sponsor's name.
* The bill is sent to the Government Printing Office (GPO) and copies are made.
* Senate bills can be jointly sponsored.
* Members can cosponsor the piece of Legislation.
B.
Committee Action - The bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Most often, the actual referral decision is made by the House or Senate parliamentarian. Bills may be referred to more than one committee and it may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).
Committee Steps:
1. Comments about the bill's merit are requested by government agencies.
2. Bill can be assigned to subcommittee by Chairman.
3. Hearings may be held.
4. Subcommittees report their findings to the full committee.
5. Finally there is a vote by the full committee - the bill is "ordered to be reported."
6. A committee will hold a "mark-up" session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change or reject all committee amendments before conducting a final passage vote.
7. After the bill is reported, the committee staff prepares a written report explaining why they favor the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.
8. In the House, most bills go to the Rules committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes. The rules committee can be bypassed in three ways: 1) members can move rules to be suspended (requires 2/3 vote)2) a discharge petition can be filed 3) the House can use a Calendar Wednesday procedure.
C.
Floor Action
1. Legislation is placed on the Calendar
House: Bills are placed on one of four House Calendars. They are usually placed on the calendars in the order of which they are reported yet they don't usually come to floor in this order - some bills never reach the floor at all. The Speaker of the House and the Majority Leader decide what will reach the floor and when. (Legislation can also be brought to the floor by a discharge petition.)
Senate: Legislation is placed on the Legislative Calendar. There is also an Executive calendar to deal with treaties and nominations. Scheduling of legislation is the job of the Majority Leader. Bills can be brought to the floor whenever a majority of the Senate chooses.
2. Debate
House: Debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. Debate is guided by the Sponsoring Committee and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be germane to the subject of a bill - no riders are allowed. The bill is reported back to the House (to itself) and is voted on. A quorum call is a vote to make sure that there are enough members present (218) to have a final vote. If there is not a quorum, the House will adjourn or will send the Sergeant at Arms out to round up missing members.
Senate: debate is unlimited unless cloture is invoked. Members can speak as long as they want and amendments need not be germane - riders are often offered. Entire bills can therefore be offered as amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure by "talking it to death."
3. Vote - the bill is voted on. If passed, it is then sent to the other chamber unless that chamber already has a similar measure under consideration. If either chamber does not pass the bill then it dies. If the House and Senate pass the same bill then it is sent to the President. If the House and Senate pass different bills they are sent to Conference Committee. Most major legislation goes to a Conference Committee.
D.
Conference Committee
1. Members from each house form a conference committee and meet to work out the differences. The committee is usually made up of senior members who are appointed by the presiding officers of the committee that originally dealt with the bill. The representatives from each house work to maintain their version of the bill.
2. If the Conference Committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber.
3. The conference report must be approved by both the House and the Senate.
E.
The President - the bill is sent to the President for review.
1. A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session.
2. If Congress adjourns before the 10 days and the President has not signed the bill then it does not become law ("Pocket Veto.")
3. If the President vetoes the bill it is sent back to Congress with a note listing his/her reasons. The chamber that originated the legislation can attempt to override the veto by a vote of two-thirds of those present. If the veto of the bill is overridden in both chambers then it becomes law.
F.
The Bill Becomes A Law - once a bill is signed by the President or his veto is overridden by both houses it becomes a law and is assigned an official number.
Have also highlighted #6 where HR 5882 is currently at
http://www.vote-smart.org/resource_govt101_02.php
GOVERNMENT 101: How a Bill Becomes Law
A.
Legislation is Introduced - Any member can introduce a piece of legislation
House - Legislation is handed to the clerk of the House or placed in the hopper.
Senate - Members must gain recognition of the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day.
* The bill is assigned a number. (e.g. HR 1 or S 1)
* The bill is labeled with the sponsor's name.
* The bill is sent to the Government Printing Office (GPO) and copies are made.
* Senate bills can be jointly sponsored.
* Members can cosponsor the piece of Legislation.
B.
Committee Action - The bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Most often, the actual referral decision is made by the House or Senate parliamentarian. Bills may be referred to more than one committee and it may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).
Committee Steps:
1. Comments about the bill's merit are requested by government agencies.
2. Bill can be assigned to subcommittee by Chairman.
3. Hearings may be held.
4. Subcommittees report their findings to the full committee.
5. Finally there is a vote by the full committee - the bill is "ordered to be reported."
6. A committee will hold a "mark-up" session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change or reject all committee amendments before conducting a final passage vote.
7. After the bill is reported, the committee staff prepares a written report explaining why they favor the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.
8. In the House, most bills go to the Rules committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes. The rules committee can be bypassed in three ways: 1) members can move rules to be suspended (requires 2/3 vote)2) a discharge petition can be filed 3) the House can use a Calendar Wednesday procedure.
C.
Floor Action
1. Legislation is placed on the Calendar
House: Bills are placed on one of four House Calendars. They are usually placed on the calendars in the order of which they are reported yet they don't usually come to floor in this order - some bills never reach the floor at all. The Speaker of the House and the Majority Leader decide what will reach the floor and when. (Legislation can also be brought to the floor by a discharge petition.)
Senate: Legislation is placed on the Legislative Calendar. There is also an Executive calendar to deal with treaties and nominations. Scheduling of legislation is the job of the Majority Leader. Bills can be brought to the floor whenever a majority of the Senate chooses.
2. Debate
House: Debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. Debate is guided by the Sponsoring Committee and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be germane to the subject of a bill - no riders are allowed. The bill is reported back to the House (to itself) and is voted on. A quorum call is a vote to make sure that there are enough members present (218) to have a final vote. If there is not a quorum, the House will adjourn or will send the Sergeant at Arms out to round up missing members.
Senate: debate is unlimited unless cloture is invoked. Members can speak as long as they want and amendments need not be germane - riders are often offered. Entire bills can therefore be offered as amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure by "talking it to death."
3. Vote - the bill is voted on. If passed, it is then sent to the other chamber unless that chamber already has a similar measure under consideration. If either chamber does not pass the bill then it dies. If the House and Senate pass the same bill then it is sent to the President. If the House and Senate pass different bills they are sent to Conference Committee. Most major legislation goes to a Conference Committee.
D.
Conference Committee
1. Members from each house form a conference committee and meet to work out the differences. The committee is usually made up of senior members who are appointed by the presiding officers of the committee that originally dealt with the bill. The representatives from each house work to maintain their version of the bill.
2. If the Conference Committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber.
3. The conference report must be approved by both the House and the Senate.
E.
The President - the bill is sent to the President for review.
1. A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session.
2. If Congress adjourns before the 10 days and the President has not signed the bill then it does not become law ("Pocket Veto.")
3. If the President vetoes the bill it is sent back to Congress with a note listing his/her reasons. The chamber that originated the legislation can attempt to override the veto by a vote of two-thirds of those present. If the veto of the bill is overridden in both chambers then it becomes law.
F.
The Bill Becomes A Law - once a bill is signed by the President or his veto is overridden by both houses it becomes a law and is assigned an official number.
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Mplsmani
12-15 09:55 AM
Hi to all,
MY I 485 RD is August 14, 2007, 180 days rule will end on 10 Feb 2008.
I am planning to use AC21 on Jan 20th itself with three weeks vacation notice to current GC filing employer to go for Contract to Hire job.
Is it safe to do?
I do maintain good relationship with current employer.
But not sure, what will be his reaction after three vacation notice ends and he comes to know I have switched job.
Also my LC as Programmer Analyst, but the new job would be Database Administrator.
Is this will be issue?
Could you advise on these questions?
Thanks to all.
Mani
** Sponsor of two IV members to attend DC rally.
MY I 485 RD is August 14, 2007, 180 days rule will end on 10 Feb 2008.
I am planning to use AC21 on Jan 20th itself with three weeks vacation notice to current GC filing employer to go for Contract to Hire job.
Is it safe to do?
I do maintain good relationship with current employer.
But not sure, what will be his reaction after three vacation notice ends and he comes to know I have switched job.
Also my LC as Programmer Analyst, but the new job would be Database Administrator.
Is this will be issue?
Could you advise on these questions?
Thanks to all.
Mani
** Sponsor of two IV members to attend DC rally.
more...
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frostrated
08-05 03:44 PM
I spoke to our immigration lawyer today.
He said that entering on h1 while I have a pending 485 does not affect the 485 in anyway.
He advised that I enter on h1 even if I have the AP.
you can enter on H1. There is no issue with it.
He said that entering on h1 while I have a pending 485 does not affect the 485 in anyway.
He advised that I enter on h1 even if I have the AP.
you can enter on H1. There is no issue with it.
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jaithran
11-16 09:53 AM
Lol, how abt employers (exclude body shoppers) deciding on what category you should belong to based on your performance. Because just getting a Masters degree from US school doesn't mean you are better than a Masters degree holder from a non-US school. And this is often proved in many MNCs.
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TexDBoy
06-17 05:43 PM
Employee is responsible for the accuracy of the time sheet submitted for payroll. If Nathuram-daulathram-desi-Company pays you and we did not get the money from the client, he/she are responsible to reimburse Nathuram-daulathram-desi-Company all the amount that is under dispute within 5 business days. Employee is responsible for all the legal and administrative costs (attorney, collections etc) for enforcing the above terms. All disputes will be settled according to the laws of the sate of NJ.
Are you serious you want to sign something with that wording. If the employer and client have their own agreements (like delay of payment for 60 days or so), then you will be always struck with your employer until the end of this project.
This is unacceptable.
One of my friends had an agreement like this and they threatened to cancel H1B if he did not sign. Make sure you have your transfer papers ready if they take that extreme step
Are you serious you want to sign something with that wording. If the employer and client have their own agreements (like delay of payment for 60 days or so), then you will be always struck with your employer until the end of this project.
This is unacceptable.
One of my friends had an agreement like this and they threatened to cancel H1B if he did not sign. Make sure you have your transfer papers ready if they take that extreme step
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walking_dude
03-20 10:29 AM
I for one will not be surprised. These undocumented immigrants march in thousands at their rallies [even though they face chances of deportation]. They are active in talking to media and getting publicity for their cause. They are also more actively contributing to help their cause. They have very strong backers - Agri-business, fast-food chains, restaurant owners, construction business , and immigration attorneys [ who will make lot of money if Z-visa gets passed], strong ethnocentric groups with considerable political clout, and many of them have US citizen relatives [who vote]
On the other hand, support of many immigration attoneys to EB immigration is half-hearted, high-tech employers care more about increasing H1B quota. Like it or not - IV is the only organization that is 100% devoted to EB immigration and working for our cause. Given this reality, IV should have got full support monetary and participation from 25,000 strong community here. As we know, only a minority of the community are doing all they can to help IV achieve its goal.
If we are not doing enough to help our cause, what right to we have to blame others for not helping us? In a way, we do deserve the step-motherly treatment for all the lethargy our community shows in standing up for its issues, and demanding a solution.
We will see and will be surprised to see that an illegal will be granted a status independent of an employer and will also have the travel permit and he/she can live here forever renewing his status.
On the other hand, support of many immigration attoneys to EB immigration is half-hearted, high-tech employers care more about increasing H1B quota. Like it or not - IV is the only organization that is 100% devoted to EB immigration and working for our cause. Given this reality, IV should have got full support monetary and participation from 25,000 strong community here. As we know, only a minority of the community are doing all they can to help IV achieve its goal.
If we are not doing enough to help our cause, what right to we have to blame others for not helping us? In a way, we do deserve the step-motherly treatment for all the lethargy our community shows in standing up for its issues, and demanding a solution.
We will see and will be surprised to see that an illegal will be granted a status independent of an employer and will also have the travel permit and he/she can live here forever renewing his status.
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Canadian_Dream
10-19 03:42 PM
Not really, broadly speaking lack of information can never be a benefit to consumer. (Read: hidden clauses in agreements). It might be that they have been doing that and we don't know. You will ONLY know if you apply for another H1B transfer or any other application say I-140/I-485 with new employer and then USCIS MIGHT tell you that your I-140 is revoked on MM/DD/YYYY and you are no longer in valid H1B status since then. That would be too late and it is not retroactive. Remember that onus is on you to maintain valid H1B status all the time during the period of H1B. Once again I am not saying what I mention above is the correct interpretation of law, but in the absence of any clarify it can be one of the implication.
then it is to our benefit that they dont clarify it for as long as possible, bec normally any decisions are not retroactive but only for cases going forward.
then it is to our benefit that they dont clarify it for as long as possible, bec normally any decisions are not retroactive but only for cases going forward.
solaris27
11-19 01:40 PM
good luck
optimystic
02-16 08:04 PM
Also I dont see anywhere the real PD mentioned anywhere.
Sorry I might be blind or really really drunk.
But if someone can point me that PD mentioned anywhere above.
I dont understand how my specific PD would help answer my questions , atleast in this case !! The PDs for EB3 india have moved from May 8 2001 to Aug 8 2001. Not a big move not a huge range of PDs in this bucket of PDs getting current in March. So I assume specific PDs within that bucket won't experience totally different results based on PD alone.
Anyway my PD is May 11 2001.
And looks like some one gave me a red dot with a comment "Asking too many questions, just relax !" ...
May be this person wants me to create a separate thread for each question :) Sorry friend for consolidating all my questions into one single thread and post!
Sorry I might be blind or really really drunk.
But if someone can point me that PD mentioned anywhere above.
I dont understand how my specific PD would help answer my questions , atleast in this case !! The PDs for EB3 india have moved from May 8 2001 to Aug 8 2001. Not a big move not a huge range of PDs in this bucket of PDs getting current in March. So I assume specific PDs within that bucket won't experience totally different results based on PD alone.
Anyway my PD is May 11 2001.
And looks like some one gave me a red dot with a comment "Asking too many questions, just relax !" ...
May be this person wants me to create a separate thread for each question :) Sorry friend for consolidating all my questions into one single thread and post!
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