Kodi
06-04 02:03 PM
Even under PERM, Atlanta office is backed up. They're still evaluating February applicants its not moving at all. I know its not bad compared to BEC but for some its still bad.
wallpaper personality development
bigboy007
06-03 01:40 AM
I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
chanduv23
06-10 09:35 AM
Come on folks, lets burn those phone lines.
Try try try till you succeed
Try try try till you succeed
2011 2011 personality development quotes. Personality Development We personality
makemygc
07-06 03:29 PM
There are many members who think IV and other members are fighting for re-reversal of VB or increase in visa number for 2007....
why dont they understand that we are fighting to avoid rejection, we are not asking them to re-revise bulletin, all we want is just accept the application without rejecting them, so that we can save ourselves from loosing money and time. dont make fun of IV and other members who's putting their efforts in it, no matter what the result is. if you dont want to participate please stop visiting this forum.
Paisa you too man.
I don't mean to disrespect you but I guess you are going too far with your words. We are with IV much before you born..ok so do not dare teach us what we should be doing, with your 49 posts.
Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.
What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.
why dont they understand that we are fighting to avoid rejection, we are not asking them to re-revise bulletin, all we want is just accept the application without rejecting them, so that we can save ourselves from loosing money and time. dont make fun of IV and other members who's putting their efforts in it, no matter what the result is. if you dont want to participate please stop visiting this forum.
Paisa you too man.
I don't mean to disrespect you but I guess you are going too far with your words. We are with IV much before you born..ok so do not dare teach us what we should be doing, with your 49 posts.
Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.
What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.
more...
Suva
09-02 05:25 PM
Ohh no!!!!! Can't believe it myself.
I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
GCSeekerCT
03-04 07:34 PM
I am on H1 and AOS and I refinanced my house at 5% . There were no issues and no questions. Just all the usual documents - W2 , paystubs etc etc . It was with a local bank too and not with any high profile institution.
You mean Fancy, big building institution, I think. There are no high-profile banks left anymore. They lost their integrity in screwing people and are not to be trusted.
You mean Fancy, big building institution, I think. There are no high-profile banks left anymore. They lost their integrity in screwing people and are not to be trusted.
more...
rajeshalex
09-10 09:40 AM
This is really a bad news especially for those whose PD is between 2004-2005.Its like those who are waiting for a long time are being asked to wait more!!
2010 of personality development
AllVNeedGcPc
03-22 03:23 PM
:(
@AllVNeedGCPC : Did you get any updates on I-485
Thanks!
@AllVNeedGCPC : Did you get any updates on I-485
Thanks!
more...
sanam9696
09-14 11:02 AM
Why this fight for EB2 vs EB3..
ideally GC should be given based on one's arrival in US or based on first filing of GC..irrespective of which category u r
keeping that in mind, it doesn't matter, if u r EB2 or EB3 or if u r porting the date..because in either way..one will get GC (luck is still a factor) based on number of years in US or years since GC process started.
given a chance and if permissible under the law, most of us would want to switch to EB1..or even change the birthplace..to avoid this mess..but then it is too difficult to switch to EB1 compared to switching from EB3 to EB2. one would always take the least resistive path and it is right as long as it is not illegal under the current law..(oh..no..don't talk about morality..because when personal interests are at stake..nothing matters..for most of us)
anyway..they have successfully created enough divisions among ourselves EB1,2,3...row...the bright side of eb3 to eb3 porting is..that everyone will become eb2 and then we will stand united..hopefully..but then we will have divisions..eb2 before this year..eb2 originally filed..eb2 with masters from us..eb2 with 5 yrs of experience..eb2 with two masters...eb2 with fair screen..eb2 with black skin..
we have been always like that..divided and self centric and we will remain so and that's why u can see those blood sucking idiots can kill as at their will because we are not indians..but..from up, bihar, gujarat..from castes..region.language..list is endless but then we have never learnt anything from history..that's why ruled by minorities for most of the years in last 2000yrs history..
ideally GC should be given based on one's arrival in US or based on first filing of GC..irrespective of which category u r
keeping that in mind, it doesn't matter, if u r EB2 or EB3 or if u r porting the date..because in either way..one will get GC (luck is still a factor) based on number of years in US or years since GC process started.
given a chance and if permissible under the law, most of us would want to switch to EB1..or even change the birthplace..to avoid this mess..but then it is too difficult to switch to EB1 compared to switching from EB3 to EB2. one would always take the least resistive path and it is right as long as it is not illegal under the current law..(oh..no..don't talk about morality..because when personal interests are at stake..nothing matters..for most of us)
anyway..they have successfully created enough divisions among ourselves EB1,2,3...row...the bright side of eb3 to eb3 porting is..that everyone will become eb2 and then we will stand united..hopefully..but then we will have divisions..eb2 before this year..eb2 originally filed..eb2 with masters from us..eb2 with 5 yrs of experience..eb2 with two masters...eb2 with fair screen..eb2 with black skin..
we have been always like that..divided and self centric and we will remain so and that's why u can see those blood sucking idiots can kill as at their will because we are not indians..but..from up, bihar, gujarat..from castes..region.language..list is endless but then we have never learnt anything from history..that's why ruled by minorities for most of the years in last 2000yrs history..
hair Personality+development
Libra
09-10 05:27 PM
thank you singam.
more...
9years
11-30 07:23 PM
Hi,
I was following this thread and it has good information.
I have EB3 labor and I-140 approved with priority date March 2005. I couldn't file my I-485 in 2007.
Recently thru same employer I filed EB2 labor which got approved in Sept 2010. I have filed my I-140 under regular processing. I asked my attorney and he said as I already have one I-140 approved I should file this one under regular processing. USCIS might reject premium processing. Any advice.
My 6th year of H1-B is getting completed on Sept 2011.
Please suggest should I file my I-140 under premium processing? Should I try to convert it???
9 years and VayuMahesh any inputs... congratulations to u both for successful I-140 approval and porting....
Thanks in advance...
Hi GeetaRam,
I have not heard any one saying, my I-140 denied because of premium processing (I am not advising anything). It depends on the situation of their own. Ask your attorney and company if you can convert to premium and listen to them what they are saying. Based on their comments and input you can decide. As I-140 has to be supported by company we have nothing much to do except to request them. I wish you best of luck.
Regards.
I was following this thread and it has good information.
I have EB3 labor and I-140 approved with priority date March 2005. I couldn't file my I-485 in 2007.
Recently thru same employer I filed EB2 labor which got approved in Sept 2010. I have filed my I-140 under regular processing. I asked my attorney and he said as I already have one I-140 approved I should file this one under regular processing. USCIS might reject premium processing. Any advice.
My 6th year of H1-B is getting completed on Sept 2011.
Please suggest should I file my I-140 under premium processing? Should I try to convert it???
9 years and VayuMahesh any inputs... congratulations to u both for successful I-140 approval and porting....
Thanks in advance...
Hi GeetaRam,
I have not heard any one saying, my I-140 denied because of premium processing (I am not advising anything). It depends on the situation of their own. Ask your attorney and company if you can convert to premium and listen to them what they are saying. Based on their comments and input you can decide. As I-140 has to be supported by company we have nothing much to do except to request them. I wish you best of luck.
Regards.
hot personality development quotes. personality development of
smisachu
09-11 11:56 AM
IV rocks�.. Just made contribution of 500$
Cannot come to rally because of personal reasons. Feeling terrible about that�.
Order Details - Sep 11, 2007 10:46 AM CDT
Google Order #636002683618849
Thanks, thats really cool. gave you +ve feed back so made ur red dot go away!!
Cannot come to rally because of personal reasons. Feeling terrible about that�.
Order Details - Sep 11, 2007 10:46 AM CDT
Google Order #636002683618849
Thanks, thats really cool. gave you +ve feed back so made ur red dot go away!!
more...
house tattoo personality development personality development quotes. personality
n2b
09-10 11:53 AM
They most of the approvals are of US Master degree and above as it is straight fwd EB2 no need to verify skill set etc..
My wife and I, we both have MS from US unversities....I think that's straight forward!!! But still waiting....:(
My wife and I, we both have MS from US unversities....I think that's straight forward!!! But still waiting....:(
tattoo wallpaper personality development quotes personality development quotes.
rck4evr
09-13 09:09 AM
Contributed $100 through Paypal
Confirmation Number: 24145549BE0457255
Confirmation Number: 24145549BE0457255
more...
pictures 2010 Personality Development quotes; personality quotes.
gsrknth
07-14 02:55 PM
Great Idea.
Confirmation: 7YB6J-R6KW8
Confirmation: 7YB6J-R6KW8
dresses hot personality development quotes. Personality development-an personality
karan2004m
01-05 08:39 PM
ya just because u need green card, you agree with professor sahib. once u get ur green card u will also talk bad about india and indian workers.. i think gone r days when it was a cheap labor.. do u think our education systems/colleges IIT's/REC's are crap.
just because he favored GC applicant you should not agree..he straightway projected india as third world nation in eductaion, resource quality etc ..
I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.
Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY
Gayatri
just because he favored GC applicant you should not agree..he straightway projected india as third world nation in eductaion, resource quality etc ..
I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.
Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY
Gayatri
more...
makeup Personality Development
hopefullegalimmigrant
01-04 01:27 PM
helpless situation. Got to stay cool :cool:
girlfriend images Personality+development+ personality development quotes. personality
Green.Tech
05-27 10:59 PM
$100 today
Thanks akp22.
Thanks akp22.
hairstyles Personality Development
unseenguy
02-09 10:31 PM
Well. Your parents and in laws may not need your money. But defintely IV needs it. So contribute at
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
I will. Thanks for rounding up.
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
I will. Thanks for rounding up.
rustum
07-06 12:37 AM
Dug it. Digged all the messages. I can only dig once. Can i dig more than one time.
immi_twinges
07-20 02:16 PM
1. Threads concerned with the Action Items and Legislative matters should be separated from the usual GC related questionnaire
If you look at the website you find a bunch of new threads related to 485 filing. Most of them bear answers in previous threads. People dont want to search..but that okay..they can form new threads if they are very desperate for the answers.
But at the same time due to the flood of these messages we are missing important notices and action items like this one.If we separate them somehow it will be helpful.
2. Lets have an organized tracking of 485s. Lets separate them by Visa category , country, PD or RD.
ex: Eb3 country: India
PD 2001: RD:...? LUD: ...?
PD:2004:
EB3 : China...
...
..
Lets have an option of adding friends approx dates who are not immigration voice members. This way we can have rough estimate about what happening. Lets not make threads for each category.
This way may be we have a very good track of the visas than USCIS...heheheh:D
I guess most of the 1v members are s/w engineers...i am not...orelse i would have volunteered to do this...
Anybody here ...who can spare some of their valuable time???
Lets do more brainstorming
If you look at the website you find a bunch of new threads related to 485 filing. Most of them bear answers in previous threads. People dont want to search..but that okay..they can form new threads if they are very desperate for the answers.
But at the same time due to the flood of these messages we are missing important notices and action items like this one.If we separate them somehow it will be helpful.
2. Lets have an organized tracking of 485s. Lets separate them by Visa category , country, PD or RD.
ex: Eb3 country: India
PD 2001: RD:...? LUD: ...?
PD:2004:
EB3 : China...
...
..
Lets have an option of adding friends approx dates who are not immigration voice members. This way we can have rough estimate about what happening. Lets not make threads for each category.
This way may be we have a very good track of the visas than USCIS...heheheh:D
I guess most of the 1v members are s/w engineers...i am not...orelse i would have volunteered to do this...
Anybody here ...who can spare some of their valuable time???
Lets do more brainstorming
No comments:
Post a Comment