ss1026
03-31 03:52 PM
Rcvd 45 day letter in early feb/2006 and replied same week. Waiting on further movement
VA/PD Feb2005/RIR/EB2
VA/PD Feb2005/RIR/EB2
wallpaper (Luca Toni Luca Toni o)
mohitb272
09-13 11:18 AM
Guys, I wont be able to make it to DC since I have a FP appointment on that date but I made my contribution of $100. Good luck!!!
Business Name:
Immigration Voice (The recipient of this payment is Verified)
Email:
donations@immigrationvoice.org
--------------------------------------------------------------------------------
Total Amount:
-$100.00 USD
--------------------------------------------------------------------------------
Item Amount:
$100.00 USD
Shipping:
$0.00 USD
Handling:
$0.00 USD
Quantity:
1
Item Title:
Contributions
Item Number:
Contributions
Date:
Sep. 13, 2007
Time:
08:37:31 PDT
Status:
Completed
Business Name:
Immigration Voice (The recipient of this payment is Verified)
Email:
donations@immigrationvoice.org
--------------------------------------------------------------------------------
Total Amount:
-$100.00 USD
--------------------------------------------------------------------------------
Item Amount:
$100.00 USD
Shipping:
$0.00 USD
Handling:
$0.00 USD
Quantity:
1
Item Title:
Contributions
Item Number:
Contributions
Date:
Sep. 13, 2007
Time:
08:37:31 PDT
Status:
Completed
kevinkris
05-23 03:07 PM
Toppp
2011 luca toni luca toni
panky72
06-24 10:59 PM
shouldn't we think a little about our gain too ;) ..
:DAgreed.
:DAgreed.
more...
kumhyd2
07-10 01:21 AM
Is there a SoCal IV member list? Any one from San diego?
crystal
09-11 07:30 PM
dont get confused . i am on ur side :DI am confused by your post.. who's side are you on? :D
more...
adde72
07-05 11:13 PM
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
Can someone please put this on digg?
***
To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline.
In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said.
*****
Excellent article
Can someone please put this on digg?
***
To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline.
In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said.
*****
Excellent article
2010 chivu luca toni consuelo
natrajs
10-01 05:04 PM
Let us wait for the statement from USCIS
more...
sj2273
06-11 05:31 PM
I am very junior member on IV forums and have listened to all the experts and senior members on IV from time to time. Very solid ideas and very intelligent people! Although, I am not too familiar with the intricacies of what DOS said or what USCIS said; what I know is that there are many thousands of us who are here in a limbo for many many years. I think we have been "super- nice" to USCIS and Congress in the way we have approached them for our problems and rightly so - thats just us!
We have done our best educate them via lobbying efforts etc but wouldnt you agree that its time be a little more "assertive' now. Seriously, we dont know what the bigger picture is here. Year after Year, Month after month nothing moves with USCIS. Same old grim Visa Bulletin. I had written elsewhere that I dont even remember what my dates are anymore! Being in a western country or anywhere else in the world for 10-12 years is a long time. The culture, the enviroment and the system grows on you. Most of us left from India or elsewhere, when we were in our mid 20s . As young adults most of were explorers - soaking information, knowledge, new skills etc as we embarked on our journey to settle down in a foreign country. I think its fair to say that most of us have actually acquired our adult wisdom here. What I am getting to, is that when people talk about packing their bags and going back home - it may only be easier said than done!
I am not an expert at this but I believe we may have to come together again and we will need more visibility - maybe a six month long agressive assertive campaign - letters, flowers, rally and more all together so that we can catch congress' attention. It seems like legislation is the only way out here. Again, please pardon my inability to comprehend issues correctly, if I am wrong in saying so, but if we continue to rely on visa bulletins and USCIS; nothing is going to happen. All I can say is that whatever leaders and intellects at IV decide, I am here in anyway you all need me to help! Please feel free to ask for help at jaisinghaII@gmail.com. Thank you for reading my post.
We have done our best educate them via lobbying efforts etc but wouldnt you agree that its time be a little more "assertive' now. Seriously, we dont know what the bigger picture is here. Year after Year, Month after month nothing moves with USCIS. Same old grim Visa Bulletin. I had written elsewhere that I dont even remember what my dates are anymore! Being in a western country or anywhere else in the world for 10-12 years is a long time. The culture, the enviroment and the system grows on you. Most of us left from India or elsewhere, when we were in our mid 20s . As young adults most of were explorers - soaking information, knowledge, new skills etc as we embarked on our journey to settle down in a foreign country. I think its fair to say that most of us have actually acquired our adult wisdom here. What I am getting to, is that when people talk about packing their bags and going back home - it may only be easier said than done!
I am not an expert at this but I believe we may have to come together again and we will need more visibility - maybe a six month long agressive assertive campaign - letters, flowers, rally and more all together so that we can catch congress' attention. It seems like legislation is the only way out here. Again, please pardon my inability to comprehend issues correctly, if I am wrong in saying so, but if we continue to rely on visa bulletins and USCIS; nothing is going to happen. All I can say is that whatever leaders and intellects at IV decide, I am here in anyway you all need me to help! Please feel free to ask for help at jaisinghaII@gmail.com. Thank you for reading my post.
hair luca toni myspace alice
Lacris
08-12 12:49 PM
BEC= Backlog Elimination Center, theywere for elimination of backlogs for LC's:o
Trust me, after waiting at PBEC for almost 2 years,I know what BEC is. I was just saying that a person who got LC certified in 2004 didn't have to go thru BEC. They started transferring cases at the beginning of 2005.
Trust me, after waiting at PBEC for almost 2 years,I know what BEC is. I was just saying that a person who got LC certified in 2004 didn't have to go thru BEC. They started transferring cases at the beginning of 2005.
more...
chanduv23
06-07 07:47 AM
Just contributed 100 USD. I know the money will go far and also that IV needs more money to get us where we want to be. Come on people, lets do it.
100 USD will buy you freedom.
You are now a super hero.
Come on heros, you can all do it. IV == "I" and "we" all together united.
United - we can all do it.
100 USD will buy you freedom.
You are now a super hero.
Come on heros, you can all do it. IV == "I" and "we" all together united.
United - we can all do it.
hot Toni Kroos Desktop Wallpaper
Aah_GC
06-11 01:20 PM
You both are right. It is definitely not about quitting or winning, it is making the best decision in cognizance to your career and life goals. For some it might be fighting the EB cause, for some it might just be moving to Cananda or India. Either way, life is as such is supposed to be a rolling stone, most of the mass we carry is just a burden that comes in our way of experiencing true happiness and joy.
Did you ever hear the proverb "quitters never win" and winners never quit.
Quit here go to Canada and then face some problems there and then quit canada. And then you will become the rolling stone which gathers no mass. Your family will be sick of your shifting then and no stabilization will cause more issues.
A friend of mine told me this one evening when I was really frustrated and was planning to quit my dream on being an entrepreneur and here I am now, and I think where I am right now is for the reason that I didn't quit that day and finally my product was liked by a company and they bought the product and offered me a job as well and then one thing lead to another and now I am settled with what I always wanted to do ( kinda not 100%) but its ok.
Did you ever hear the proverb "quitters never win" and winners never quit.
Quit here go to Canada and then face some problems there and then quit canada. And then you will become the rolling stone which gathers no mass. Your family will be sick of your shifting then and no stabilization will cause more issues.
A friend of mine told me this one evening when I was really frustrated and was planning to quit my dream on being an entrepreneur and here I am now, and I think where I am right now is for the reason that I didn't quit that day and finally my product was liked by a company and they bought the product and offered me a job as well and then one thing lead to another and now I am settled with what I always wanted to do ( kinda not 100%) but its ok.
more...
house flzewl LUCA TONI E MARTA
digital2k
05-03 07:58 PM
This is The call
Don't miss the chance
IV and We suceeded in July, 2 Year EAD and many more ...
Pls pick up the phone and do your bit
IV is YOU and is Your Best Friend
As the CIR bill outline is getting introduced today, we all need to do our share in making our voice heard. Our issues are real and affect about a million people patiently waiting in line for past several years. We are high-skilled immigrants who have followed all the rules and contribute significantly to the innovation and economy of this county. Our strength is our grassroots efforts, so let us all call our lawmakers and ask them to take immediate action on the immigration bill.
Call your Legislators:
Immigration Voice is organizing a nationwide call-the-lawmakers drive. We request members to call each and every senator and congress member. This drive will precede the �Advocacy Day(s)� in Washington, DC and �Meet the lawmaker� drive in local districts. Members can use this phone call conversation with their local lawmaker offices to follow-up with lawmakers when they meet during the break just after the Memorial day.
Don�t miss this opportunity:
This is the perfect time to call the lawmakers. The bill needs a push via support from people like us and all lawmakers needs to be encouraged and urged to help us. There are indications that there will be lot of activity on immigration issues in both House and Senate after the Memorial day. We need to make those activities go in our favor and not die like the CIR bill in 2006 & 2007. Thus it is important to starting calling lawmakers, starting from the Senate members. In order to capitalize on this opportunity, it is very important that everyone calls every lawmaker of this country. The similar next opportunity will be in 2013. We can participate now or we will all have ourselves to blame.
When:
This campaign starts today at 4:00 PM EST on 29th April, 2010) (Today) and will run until the end of next week. All IV members are encouraged to make multiple phone calls whenever they find some time during the day.
Who:
This is the order in which we would prefer that members call. Call all the senators listed here, even if they are not from your state.
This is the list of offices where there is maximum potential to swing votes either because they are new in the US senate or because they may be reconsidering their position on CIR if the bill has stricter provisions in it.
TIER I: LIST OF KEY SENATORS FOR CIR
Senator Scott Brown (R-Massachusetts)
(202) 224-4543 begin_of_the_skype_highlighting**************(202) 224-4543******end_of_the_skype_highlighting
Senator Judd Gregg (R-New Hampshire)
(202) 224-3324
Senator Richard Lugar (R-Indiana)
(202) 224-4814
Senator Michael Enzi (R-Wyoming)
(202) 224-3424
Senator Lindsey Graham (R-South Carolina)
(202) 224-5972
Senator John Ensign (R-Nevada)
(202) 224-6244
Senator Orin Hatch (R-Utah)
(202) 224-5251
Senator John Cornyn (R-Texas)
(202) 224-2934
Senator John Kyl (R-Texas)
(202) 224-4521
Senator Mitch Mcconnell (R-Kentuky)
(202) 224-2541
Senator Amy Klobuchar (D-Minnesota)
(202) 224-3244
Senator Claire McCaskill (D-Missouri)
(202) 224-6154
Senator Jon Tester (D-Montana)
(202) 224-2644
Senator Jim Webb (D-Virginia)
(202) 224-4024
Senator Sheldon Whitehouse (D-Rhode Island)
(202) 224-2921
What you could say to the Senator offices listed above:
When you call:
Be courteous. Tell the lawmaker office that:
--------------------------------------------
I am a high skilled immigrant and a member of Immigration Voice. I fully support the proposed comprehensive immigration reform bill due to be introduced later in the day today.
I am calling to express my support for the high skilled provisions to resolve the current green card backlogs of the doctors, engineers, research scientist and professors etc. This group of highly skilled immigrants stimulates every part of the economy participating in creating economic prosperity, innovation and entrepreneurship for creating more jobs in America.
I strongly urge the Senator to please support this bill. If it is possible, could you please share the position of the Senator on the Comprehensive Immigration Reform bill?
Thank you and I am counting on the Senator�s support for this very important bill of national priority. Please convey regards to the Senator.
--------------------------------------------
If you belong to the constituency (State) of the lawmaker, then tell them that you belong to their district/state and are calling to seek their help. If you are talking to a Senator office then tell them you are anxiously waiting for a Senators support for the immigration bill.
- Then ask: What is the lawmaker�s position on this bill/issue for you? If the position is
- Supportive: Then thank the lawmaker office for it.
- If they oppose it: Then request them to support the high skilled green card provisions of the bill that will greatly help you. You sincerely hope that the lawmaker will reconsider his/her position and help you.
- Be polite and persuasive in your message.
Question What if some Senators say they do not support amnesty. -
Answer "For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
TIER II: LIST OF KEY SENATORS SPONSORING OR CO-SPONSORING CIR BILL
Senate Majority Leader Harry Reid (Nevada)
(202) 224-3542
Senator Dick Durbin (Illinois)
(202) 224-2152
Senator Chuck Schumer (New York)
(202) 224-6542
Senator Patrick Leahy (Vermont)
(202) 224-4242
Senator Dianne Feinstein (California)
(202) 224-3841
Senator Bob Menendez (New Jersey)
(202) 224-4744
Sen. Ben Cardin (Maryland)
(202) 224-4524
What:
When you call:
Be courteous. Tell the lawmaker office that:
--------------------------------------------
I am a high skilled immigrant and a member of Immigration Voice. I fully support the proposed comprehensive immigration reform bill due to be introduced later in the day today.
Thank you for the Senator�s leadership on this very important issue of immigration. Please convey my gratitude, full support and regards to the Senator.
--------------------------------------------
- Be polite and persuasive in your message.
Stick to the message and you will really make a big difference.
Please post the outcome of your call on this thread. For more information please contact IV.
Thank You,
Immigration Voice
Don't miss the chance
IV and We suceeded in July, 2 Year EAD and many more ...
Pls pick up the phone and do your bit
IV is YOU and is Your Best Friend
As the CIR bill outline is getting introduced today, we all need to do our share in making our voice heard. Our issues are real and affect about a million people patiently waiting in line for past several years. We are high-skilled immigrants who have followed all the rules and contribute significantly to the innovation and economy of this county. Our strength is our grassroots efforts, so let us all call our lawmakers and ask them to take immediate action on the immigration bill.
Call your Legislators:
Immigration Voice is organizing a nationwide call-the-lawmakers drive. We request members to call each and every senator and congress member. This drive will precede the �Advocacy Day(s)� in Washington, DC and �Meet the lawmaker� drive in local districts. Members can use this phone call conversation with their local lawmaker offices to follow-up with lawmakers when they meet during the break just after the Memorial day.
Don�t miss this opportunity:
This is the perfect time to call the lawmakers. The bill needs a push via support from people like us and all lawmakers needs to be encouraged and urged to help us. There are indications that there will be lot of activity on immigration issues in both House and Senate after the Memorial day. We need to make those activities go in our favor and not die like the CIR bill in 2006 & 2007. Thus it is important to starting calling lawmakers, starting from the Senate members. In order to capitalize on this opportunity, it is very important that everyone calls every lawmaker of this country. The similar next opportunity will be in 2013. We can participate now or we will all have ourselves to blame.
When:
This campaign starts today at 4:00 PM EST on 29th April, 2010) (Today) and will run until the end of next week. All IV members are encouraged to make multiple phone calls whenever they find some time during the day.
Who:
This is the order in which we would prefer that members call. Call all the senators listed here, even if they are not from your state.
This is the list of offices where there is maximum potential to swing votes either because they are new in the US senate or because they may be reconsidering their position on CIR if the bill has stricter provisions in it.
TIER I: LIST OF KEY SENATORS FOR CIR
Senator Scott Brown (R-Massachusetts)
(202) 224-4543 begin_of_the_skype_highlighting**************(202) 224-4543******end_of_the_skype_highlighting
Senator Judd Gregg (R-New Hampshire)
(202) 224-3324
Senator Richard Lugar (R-Indiana)
(202) 224-4814
Senator Michael Enzi (R-Wyoming)
(202) 224-3424
Senator Lindsey Graham (R-South Carolina)
(202) 224-5972
Senator John Ensign (R-Nevada)
(202) 224-6244
Senator Orin Hatch (R-Utah)
(202) 224-5251
Senator John Cornyn (R-Texas)
(202) 224-2934
Senator John Kyl (R-Texas)
(202) 224-4521
Senator Mitch Mcconnell (R-Kentuky)
(202) 224-2541
Senator Amy Klobuchar (D-Minnesota)
(202) 224-3244
Senator Claire McCaskill (D-Missouri)
(202) 224-6154
Senator Jon Tester (D-Montana)
(202) 224-2644
Senator Jim Webb (D-Virginia)
(202) 224-4024
Senator Sheldon Whitehouse (D-Rhode Island)
(202) 224-2921
What you could say to the Senator offices listed above:
When you call:
Be courteous. Tell the lawmaker office that:
--------------------------------------------
I am a high skilled immigrant and a member of Immigration Voice. I fully support the proposed comprehensive immigration reform bill due to be introduced later in the day today.
I am calling to express my support for the high skilled provisions to resolve the current green card backlogs of the doctors, engineers, research scientist and professors etc. This group of highly skilled immigrants stimulates every part of the economy participating in creating economic prosperity, innovation and entrepreneurship for creating more jobs in America.
I strongly urge the Senator to please support this bill. If it is possible, could you please share the position of the Senator on the Comprehensive Immigration Reform bill?
Thank you and I am counting on the Senator�s support for this very important bill of national priority. Please convey regards to the Senator.
--------------------------------------------
If you belong to the constituency (State) of the lawmaker, then tell them that you belong to their district/state and are calling to seek their help. If you are talking to a Senator office then tell them you are anxiously waiting for a Senators support for the immigration bill.
- Then ask: What is the lawmaker�s position on this bill/issue for you? If the position is
- Supportive: Then thank the lawmaker office for it.
- If they oppose it: Then request them to support the high skilled green card provisions of the bill that will greatly help you. You sincerely hope that the lawmaker will reconsider his/her position and help you.
- Be polite and persuasive in your message.
Question What if some Senators say they do not support amnesty. -
Answer "For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
TIER II: LIST OF KEY SENATORS SPONSORING OR CO-SPONSORING CIR BILL
Senate Majority Leader Harry Reid (Nevada)
(202) 224-3542
Senator Dick Durbin (Illinois)
(202) 224-2152
Senator Chuck Schumer (New York)
(202) 224-6542
Senator Patrick Leahy (Vermont)
(202) 224-4242
Senator Dianne Feinstein (California)
(202) 224-3841
Senator Bob Menendez (New Jersey)
(202) 224-4744
Sen. Ben Cardin (Maryland)
(202) 224-4524
What:
When you call:
Be courteous. Tell the lawmaker office that:
--------------------------------------------
I am a high skilled immigrant and a member of Immigration Voice. I fully support the proposed comprehensive immigration reform bill due to be introduced later in the day today.
Thank you for the Senator�s leadership on this very important issue of immigration. Please convey my gratitude, full support and regards to the Senator.
--------------------------------------------
- Be polite and persuasive in your message.
Stick to the message and you will really make a big difference.
Please post the outcome of your call on this thread. For more information please contact IV.
Thank You,
Immigration Voice
tattoo Luca Toni Marta: Marta
Caliber
05-15 03:47 PM
Finally at last today the web site shows that my Labor is certified. I am really glad at it. PBEC has shown us the HELL on earth and though I am 43 years old, I feel like much older than that due these PBEC guys. They never realize that this is our biggest milestone.
My NOF was on Prevailing Wage as my pay was 65K and PBEC wanted to increase it to 87K. But our attorney's have submitted third party surveys and we have given up thinking that PBEC will not agree for it.
I know how hard it is to live without a status. I pray that PBEC guys releases every one from their HELL. Details are in my signature.
My NOF was on Prevailing Wage as my pay was 65K and PBEC wanted to increase it to 87K. But our attorney's have submitted third party surveys and we have given up thinking that PBEC will not agree for it.
I know how hard it is to live without a status. I pray that PBEC guys releases every one from their HELL. Details are in my signature.
more...
pictures Luca Toni amp; Marta Cecchetto:
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.
dresses nistelrooy-breno-luca-toni
akhilmahajan
07-16 11:29 AM
Admins
is it possible to send an email, probably daily once to all members about High Five ?
I feel that most of the members are not aware at this time. Usually when ever something is happening live at senate or congress, more members visit and follow the proceedings. Since there is nothing like that right now, i think it's time to communicate to all of'em.
Just a thought to increase the momentum. This is a great initiative indeed in this tough economy
By the way, i've mailed another check of $50 today morning, towards yesterday's target of $2000
Satya
I think sending out emails to everyone wont serve the purpose. It will become more of a Spam from IV, which won't help in any way.
AFAIK, IV sends email to its members, when they have updates. I hope this helps.
Also, all the state chapter leaders have been asked to sent out emails to their respective state chapters. So, people will be knowing about this campaign.
GO IV GO. TOGTHER WE CAN.
is it possible to send an email, probably daily once to all members about High Five ?
I feel that most of the members are not aware at this time. Usually when ever something is happening live at senate or congress, more members visit and follow the proceedings. Since there is nothing like that right now, i think it's time to communicate to all of'em.
Just a thought to increase the momentum. This is a great initiative indeed in this tough economy
By the way, i've mailed another check of $50 today morning, towards yesterday's target of $2000
Satya
I think sending out emails to everyone wont serve the purpose. It will become more of a Spam from IV, which won't help in any way.
AFAIK, IV sends email to its members, when they have updates. I hope this helps.
Also, all the state chapter leaders have been asked to sent out emails to their respective state chapters. So, people will be knowing about this campaign.
GO IV GO. TOGTHER WE CAN.
more...
makeup Luca Toni Image
sanju
04-30 02:49 PM
Michael Aytes starts speaking - provides stats about how good USCIS is doing and how many people were processed/given green cards.
girlfriend Abidal News: toni abidal
supers789
12-10 06:54 PM
I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....
hairstyles www.exposay.com/luca-toni-
beppenyc
03-08 02:30 PM
beppenyc, any particular reason that ur interested in the guest worker program?
Yes, I worked in the restuarant business. Let me know if i can partecipate or not.
Thanks
Yes, I worked in the restuarant business. Let me know if i can partecipate or not.
Thanks
needhelp!
09-10 05:15 PM
raminmd, Miya Maqbool, Guest007, sxm101, nosightofgc, p_aluri, uslegals, krispal
Here's to a strong community of active members!
Here's to a strong community of active members!
pmb76
09-13 04:54 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I agree with you gctest. Interfiling EB3-->EB2 is the 2nd biggest scam perpetrated on the EB community after labor substitution. We must stop this dead in its tracks. It will lead to massive retrogressions in EB2 and keep the truly deserving candidates waiting for ever. USCIS just devises new laws on the fly without understanding its impact on the whole. I would call this rule very short-sighted and stupid. Nonetheless we need action at this point to do whatever we can to stop this mindlessness.
I am with you on this campaign. Gave you green.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I agree with you gctest. Interfiling EB3-->EB2 is the 2nd biggest scam perpetrated on the EB community after labor substitution. We must stop this dead in its tracks. It will lead to massive retrogressions in EB2 and keep the truly deserving candidates waiting for ever. USCIS just devises new laws on the fly without understanding its impact on the whole. I would call this rule very short-sighted and stupid. Nonetheless we need action at this point to do whatever we can to stop this mindlessness.
I am with you on this campaign. Gave you green.
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