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I assume you like the new cutoff-dates ????
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I assume you like the new cutoff-dates ????
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jeevarakkiannan
07-19 11:55 AM
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Thank you core team for your sacrifices.
sdrblr
03-03 01:41 PM
what you guys think.
Will this economy slow down and people returing back to there motherland have any effects on PD?
How many of the returning people would call USCIS to cancel their 485s? I see almost zero.
Will this economy slow down and people returing back to there motherland have any effects on PD?
How many of the returning people would call USCIS to cancel their 485s? I see almost zero.
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sam2006
09-13 12:02 PM
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theonlyron
07-24 05:44 PM
My husbands DL expires on Oct 1st, 2007. The North Carolina DMV insists that he should have a valid H1B visa stamp in his PP in order to renew the license. He does have a valid H1B extension with I-94 at the bottom till Oct.2009. We dont want to leave the country as we are filing for our I-485's.
Any one in NC have any suggestions?
Any one in NC have any suggestions?
cheg
07-21 05:23 PM
count me in...i live in Murrieta, CA.:)
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bigboy007
06-03 01:35 AM
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 seeking GC.
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.
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 seeking GC.
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.
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kvrr
07-19 11:57 AM
Secure $50 Per Month Recurring Contribution
$50.00 USD for each month
Effective Date: Jul. 19, 2007 $50.00 USD
$50.00 USD for each month
Effective Date: Jul. 19, 2007 $50.00 USD
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learning01
04-25 02:50 PM
and a mouthful now in the works. We are not in ideation phase, we are pushing for implementaion of our goals.
learining01,
if you dont like an idea, learn to let it go by, please do not try to impose your thoughts or enforce your will.
All members can suggest ideas, some are pratical, some are are not. If you do not like an idea just let it go by....
learining01,
if you dont like an idea, learn to let it go by, please do not try to impose your thoughts or enforce your will.
All members can suggest ideas, some are pratical, some are are not. If you do not like an idea just let it go by....
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eager_immi
07-18 04:22 PM
I love the idea of monthly subscription website what does the core think. This works just like AILA does.
I know many of friends who use IV as recourse for NEWS but they don't register nor contribute. Even after multiple reminders and sarcastic comments they don't. I feel pity for them, they don't understand by registering and contributing they help them self and others. Shouldn�t we make IV a monthly subscription web site? That way we will have only serious members.
I know many of friends who use IV as recourse for NEWS but they don't register nor contribute. Even after multiple reminders and sarcastic comments they don't. I feel pity for them, they don't understand by registering and contributing they help them self and others. Shouldn�t we make IV a monthly subscription web site? That way we will have only serious members.
more...
langagadu
09-15 11:01 AM
Whay are you jealous of people who are porting? Why can't people go from EB3-EB2?
This is different from the Labour substituation, if a person filed in EB-3 in 2001and gained 7 years of experience, if the company is promoting him to the next higher position, it is very much acceptable for USCIS to promote his EB-3to EB-2.
I don't think USCIS will not give any shit to anything you are trying.
Once you have approved I-140, that date is your's buddy. Jealousy suckers.
So what you are saying is, everytime you apply for a I-140, all your previous I-140's should be dropped. Is that you want. Do you realize they can not do this as an Admin fix?
So basically you want to get Green card and be happy and everybody else should die in the f***** queue.
WHY DON'T YOU USE THIS F****** ENERGY FOR SUPPORTING (EMAILS, CALLS TO THE SENETAORS) THE RE CAPTURE BILLS.
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
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.
This is different from the Labour substituation, if a person filed in EB-3 in 2001and gained 7 years of experience, if the company is promoting him to the next higher position, it is very much acceptable for USCIS to promote his EB-3to EB-2.
I don't think USCIS will not give any shit to anything you are trying.
Once you have approved I-140, that date is your's buddy. Jealousy suckers.
So what you are saying is, everytime you apply for a I-140, all your previous I-140's should be dropped. Is that you want. Do you realize they can not do this as an Admin fix?
So basically you want to get Green card and be happy and everybody else should die in the f***** queue.
WHY DON'T YOU USE THIS F****** ENERGY FOR SUPPORTING (EMAILS, CALLS TO THE SENETAORS) THE RE CAPTURE BILLS.
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
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.
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santb1975
05-24 10:30 PM
We are talking about HR 5882,5921 and 6039. Very few people are working very hard to take all of us a step ahead with the GC process and we have lots of hope and we also have direction. Please check with your state chapter lead for latest updates.
Which bills are you talking about? I read most were dropped from Iraq funding bill that passed recently.
We are just drifting my friend..no direction..no hope....
Which bills are you talking about? I read most were dropped from Iraq funding bill that passed recently.
We are just drifting my friend..no direction..no hope....
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sunofeast_gc
07-23 06:50 PM
I think you are unnecessarily suspecting her posting. Retrogression kicked in Oct 2005 bulletin. So it is possible for her to apply in Feb 2005. I know for sure some people got their GC with similar priority dates. I think this whole immigration crap is turning everyone into cynical.
I think you are talking about EB2 India. EB3 india were retrogressed from Jan 2005. Correct me if I am wrong.
Since original poster already corrected RD so I think there is no more confusion...
I think you are talking about EB2 India. EB3 india were retrogressed from Jan 2005. Correct me if I am wrong.
Since original poster already corrected RD so I think there is no more confusion...
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diptam
09-01 04:35 PM
hey,
It seems like you are inspiring lot of peoples to upgrade to EB2 which is good. Actually saying this and really doing a successful upgrade takes time and depends on lot of things like economic situation.
After my Eb3 I-140 finally got Approved in Jan 2009 , I started searching for employers who would do the Eb3 to Eb2 upgrade .. But there was no job , not even contracts - so who will file a EB2 PERM labor for you in that situation ? Plus if someone files a EB2 Labor just like that - they could be audited. The Job needs to be EB2 level and you need to have Eb2 qualifications which lot of Eb3 has - But both conditions has to meet for a "successful upgrade".
What do you say ? Do you know any other shortcut than what i mentioned - then please enlighten us :)
Regards,
Diptam
It will take another 9-10 years to get your GC if the system remains the same.
Please upgrade to EB2
It seems like you are inspiring lot of peoples to upgrade to EB2 which is good. Actually saying this and really doing a successful upgrade takes time and depends on lot of things like economic situation.
After my Eb3 I-140 finally got Approved in Jan 2009 , I started searching for employers who would do the Eb3 to Eb2 upgrade .. But there was no job , not even contracts - so who will file a EB2 PERM labor for you in that situation ? Plus if someone files a EB2 Labor just like that - they could be audited. The Job needs to be EB2 level and you need to have Eb2 qualifications which lot of Eb3 has - But both conditions has to meet for a "successful upgrade".
What do you say ? Do you know any other shortcut than what i mentioned - then please enlighten us :)
Regards,
Diptam
It will take another 9-10 years to get your GC if the system remains the same.
Please upgrade to EB2
more...
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ilikekilo
03-11 08:19 AM
Iam not jumping on the bandwagon but my wife and I are contemplating about opening a (indian) restaurant and I would like to know if we can open one on H1b/EAD status? I know I could consult an attorney but we are not gonna open it right away so wanted to get some insight from experts on this.
If we cant open on our own due to technicalities can we open it in someones name who has a GC or citizenship (my sister and her family recently got citizenship) and work in that resturant as employees, atleast my wife if not me.?
situation:
PD: dec 2004, EB3
EAD : received oct 2007
485 applied , june 2007
wife on h1b and EAD eligible thru' me
Anyone pleasE?
If we cant open on our own due to technicalities can we open it in someones name who has a GC or citizenship (my sister and her family recently got citizenship) and work in that resturant as employees, atleast my wife if not me.?
situation:
PD: dec 2004, EB3
EAD : received oct 2007
485 applied , june 2007
wife on h1b and EAD eligible thru' me
Anyone pleasE?
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jelo
05-14 01:26 PM
When your employer filed for revocation of I-140, on 02/03/2009 the officer might have performed an action of disapproval instead of revoke and also the date of action not updated (and you got the soft LUD not hard).
This will let the current officer to see as disapproved on 09/04/2007 ?. Just a thought.
This will let the current officer to see as disapproved on 09/04/2007 ?. Just a thought.
more...
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sagis99
08-08 10:33 AM
FYI:
Here is a quote from an email i received from the Ombudsman's office:
"Our office is in fact at this time actively probing the I-140 situation you describe generally."
This was in response to an e-mail i sent them, describing the situation (my wife's I-140 from April 2008 got approved before mine, which was submitted, you guessed it, on July 2007)
So maybe there's some hope here, who knows.
Here is a quote from an email i received from the Ombudsman's office:
"Our office is in fact at this time actively probing the I-140 situation you describe generally."
This was in response to an e-mail i sent them, describing the situation (my wife's I-140 from April 2008 got approved before mine, which was submitted, you guessed it, on July 2007)
So maybe there's some hope here, who knows.
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diptam
08-11 05:10 PM
hpandey,
I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?
How come Eb2 and Eb3 for Non-concurrent filers in TSC is moving so fast ?
They have taken some deliberate steps internally not to process certain applications - which is Unfair and Illegal from a USCIS FIFO perspective and that is what we are trying to Protest professionally.
Let me know what you think !
Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.
http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html
I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?
How come Eb2 and Eb3 for Non-concurrent filers in TSC is moving so fast ?
They have taken some deliberate steps internally not to process certain applications - which is Unfair and Illegal from a USCIS FIFO perspective and that is what we are trying to Protest professionally.
Let me know what you think !
Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.
http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html
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tikka
07-20 10:35 AM
Contributed $100. Will do again. Thanks to IV for the job well done.
your first post is a contribution.. cant wait for the second one :D
Thank you for the contribution...
your first post is a contribution.. cant wait for the second one :D
Thank you for the contribution...
inskrish
09-11 03:47 PM
I understand your frustration. Since there is no spillover in the first quarter of new fiscal year, it was expected that PD would move back. How can you you expect 2006 PD for Oct when there is no spillover visa numbers.
Next year Jul-Sep 2009, PD should move to mid 2006 again.
My 2 cents.
Hi Desi3933,
I think you misunderstood buddy's frustration.
Next year Jul-Sep 2009, PD should move to mid 2006 again.
My 2 cents.
Hi Desi3933,
I think you misunderstood buddy's frustration.
gc78
07-15 01:18 PM
Just sent $25 via BoA - Conf#7YF49-5GB9R
Total contribution to date - $225
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