hpandey
03-04 01:41 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.
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sheelalann
05-21 12:54 PM
i have seen cases where date was ported only after the letter was sent
gc_aspirant_prasad
07-05 12:13 PM
I had called my congressman & the senators from my state.
They didnt know anything about this so I requested them to study Congresswoman Zoe Lofgren s statement along with telling them my story - expenses, time lost, travel cancelled etc.
They didnt know anything about this so I requested them to study Congresswoman Zoe Lofgren s statement along with telling them my story - expenses, time lost, travel cancelled etc.
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bkarnik
04-26 02:09 PM
Knnmbd:
I looked up the link http://judiciary.senate.gov/schedule.cfm and it indicates something else. However, there is a remote possibility that CIR might be discussed as one of the witness is congressman james Sensenbrenner who was the sponsor of the house bill. Lets keep fingers crossed:)
I looked up the link http://judiciary.senate.gov/schedule.cfm and it indicates something else. However, there is a remote possibility that CIR might be discussed as one of the witness is congressman james Sensenbrenner who was the sponsor of the house bill. Lets keep fingers crossed:)
more...
optimystic
09-10 09:36 PM
HR 5882 has the answer for the FIFO problem.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Good points.
However ...
How many visa numbers will get recaptured if 5882 gets approval and how soon (within this FY09 ? )
How many pending applications are there?
How many new ones accumulating every year?
Are there enough recaptured visas to cover all?
Agreed that with more visa numbers, and no potential threat to wastage of visa numbers, USCIS has no incentive nor tricky cards to play to justify their random approval bursts.....but will that be enough to prevent them from doing so, just because they can? I mean this is USCIS we are talking about.....Even with laws/memos/rules already in place, they are violating them left and right....
Whats to say that they won't try to reassure people that they don't have to worry about out of order processing because
- there are enough visa numbers for all.
- Though people may see delays, they will eventually all get their GCs
- Its faster and easier if they just grab the first box that is on the top of the pile, and approve cases from there rather than spending very limited resources they have to try to dig thru the boxes to find the cases with oldest PD.
- It will just be a minor inconveneince to the applicants...Their waiting times would drastically reduce from several years to only couple of years.
Would that be acceptable to us then?
If they say every body will be current, with free job movement due to EADs, and every body will get GC within 2-3 years absolutely. PERIOD. Just no gaurantees of FIFO processing. --- Would that be acceptable to us then?
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Good points.
However ...
How many visa numbers will get recaptured if 5882 gets approval and how soon (within this FY09 ? )
How many pending applications are there?
How many new ones accumulating every year?
Are there enough recaptured visas to cover all?
Agreed that with more visa numbers, and no potential threat to wastage of visa numbers, USCIS has no incentive nor tricky cards to play to justify their random approval bursts.....but will that be enough to prevent them from doing so, just because they can? I mean this is USCIS we are talking about.....Even with laws/memos/rules already in place, they are violating them left and right....
Whats to say that they won't try to reassure people that they don't have to worry about out of order processing because
- there are enough visa numbers for all.
- Though people may see delays, they will eventually all get their GCs
- Its faster and easier if they just grab the first box that is on the top of the pile, and approve cases from there rather than spending very limited resources they have to try to dig thru the boxes to find the cases with oldest PD.
- It will just be a minor inconveneince to the applicants...Their waiting times would drastically reduce from several years to only couple of years.
Would that be acceptable to us then?
If they say every body will be current, with free job movement due to EADs, and every body will get GC within 2-3 years absolutely. PERIOD. Just no gaurantees of FIFO processing. --- Would that be acceptable to us then?
arnab221
07-28 01:30 PM
Folks ,
Any approvals for the month of June ? Is there any hope for June filers ? There seems to lot of approvals since last 2 weeks folks . Can IV core provide some direction and guidance to the people stuck at Atlanta service center ?
Any approvals for the month of June ? Is there any hope for June filers ? There seems to lot of approvals since last 2 weeks folks . Can IV core provide some direction and guidance to the people stuck at Atlanta service center ?
more...
pani_6
07-24 07:40 PM
EB-3 I wake up and send the letter out..we need to make relevant authorities aware of our situation. Uncertanity and doom stares us come on EB-3 I lets see some action!
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lahiribaba
02-11 02:41 AM
Hi,
I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.
Here is my story:
I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.
I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?
Thank you very much for taking time to read this.
You come from a society that practices dowry and expect monetary traansactions in arranged marraiges ...you reap what you sow.
I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.
Here is my story:
I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.
I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?
Thank you very much for taking time to read this.
You come from a society that practices dowry and expect monetary traansactions in arranged marraiges ...you reap what you sow.
more...
shilpianand
08-10 05:49 PM
NSC processed our case and we mail that on june 30th , uscis recd. the same on 2-july-07
our recd. number starts from LIN 072275####
our recd. number starts from LIN 072275####
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DSJ
07-06 12:35 PM
new from Aila.org
July 2, 2007, State Department Notice to USCIS Regarding EB Visa Availability
Has anybody got more info on this.
July 2, 2007, State Department Notice to USCIS Regarding EB Visa Availability
Has anybody got more info on this.
more...
vedicman
05-03 01:16 PM
Thanks, we expect some of the offices will say this. There can be lot of answers to this question. One way to respond is -
"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"
Please always end the call on a cordial note thanking the Staff member.
This makes perfect sense, and thanks for the suggestion, it definitely came to use when I called the office today.
When my statement was put in this angle, Sen. Brown, Sen Greg, Sen McConnell's office took note of it, and thanked me. I told them that immigration is being held hostage with words like amnesty, and if such rhetoric is taken out, common solutions can be found between reps and dems.
"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"
Please always end the call on a cordial note thanking the Staff member.
This makes perfect sense, and thanks for the suggestion, it definitely came to use when I called the office today.
When my statement was put in this angle, Sen. Brown, Sen Greg, Sen McConnell's office took note of it, and thanked me. I told them that immigration is being held hostage with words like amnesty, and if such rhetoric is taken out, common solutions can be found between reps and dems.
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WAIT_FOR_EVER_GC
09-04 08:14 PM
T
i think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to usa in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the eb2 route and are happy and some in eb3 have only gloom before them.
This in my opinion has helped smart folks among us:
- they applied for gc as soon as possible. Those who waited did not give importance to greencard as soon as they started a job in usa are now paying for their mistakes. During the initial days of career i have seen people saying that gc is not important to them etc but when their h1b is about to expire they panic and get desperate for green card.
** even if a person starts the gc process in the initial days, he/she may find another better job than what they are doing now. You can't just stay with a desi blood sucker if your gc process has been started by that company.
Someone who has applied in june 2002 under eb3 never thought that he/she will be stuck for so long. This is because of the amnesty given by the bush administration in 2001.
This is pure luck.**
- before pre-perm era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like ca, ny etc suffered due to labor backlogs and far from getting greencard in hand.
** in pre-perm era some companies started opening dummy companies in states like delaware, maine, iowa, nebraska .. Etc, and applied labor from those states. Few people were lucky that they could get through this route.
One of my friend got stuck using this route, he had to change the company as uscis had
started questioning the companies.
If you are talking about getting hired by a company who is based out of such states is very difficult because these states do not have much jobs in the information technology sector.
- any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for gc as soon as the employee joined it. And i have seen posts where people had to wait for several years before company applied.
** every desi blood sucking company till now tries to take as much advantage as possible and will file the gc when there is no other go.
- people who took advantage of the labor substitution got faster labors. Some could take advantage of eb2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- smart folks took the risk and changed jobs wth eb2 job requirements, so that they can file in eb2. Such folks with 2007 pd are happy today and people with 2003 pds in eb3 will have to wait for a long time.
- if you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
** what type of action are you talking about. Who has the money to hire another lawyer to fight against these people. The only action one could have taken is to leave the company. But as a matter of fact all the desi companies are the same.
If you are talking about getting hired by big companies then tell me seriously how many companies are willing to go through the paper work and file h1-b. During the 2001 recession tell me how many big companies were hiring.
A drawback of the big companies is that if your are fired you loose your gc process, if you are working for a consulting company you have option of consulting and your greencard process is still intact.
- many folks have said that they thought they were in eb2. But found they are in eb3. This shows another weakness of our community and lack of awareness. Iv forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file i485 in july 2007 due to iv effort. Imagine a 2004 eb3 india person without ead today? How will he survive a job loss on h1b in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
being vocal is another story
-
i think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to usa in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the eb2 route and are happy and some in eb3 have only gloom before them.
This in my opinion has helped smart folks among us:
- they applied for gc as soon as possible. Those who waited did not give importance to greencard as soon as they started a job in usa are now paying for their mistakes. During the initial days of career i have seen people saying that gc is not important to them etc but when their h1b is about to expire they panic and get desperate for green card.
** even if a person starts the gc process in the initial days, he/she may find another better job than what they are doing now. You can't just stay with a desi blood sucker if your gc process has been started by that company.
Someone who has applied in june 2002 under eb3 never thought that he/she will be stuck for so long. This is because of the amnesty given by the bush administration in 2001.
This is pure luck.**
- before pre-perm era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like ca, ny etc suffered due to labor backlogs and far from getting greencard in hand.
** in pre-perm era some companies started opening dummy companies in states like delaware, maine, iowa, nebraska .. Etc, and applied labor from those states. Few people were lucky that they could get through this route.
One of my friend got stuck using this route, he had to change the company as uscis had
started questioning the companies.
If you are talking about getting hired by a company who is based out of such states is very difficult because these states do not have much jobs in the information technology sector.
- any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for gc as soon as the employee joined it. And i have seen posts where people had to wait for several years before company applied.
** every desi blood sucking company till now tries to take as much advantage as possible and will file the gc when there is no other go.
- people who took advantage of the labor substitution got faster labors. Some could take advantage of eb2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- smart folks took the risk and changed jobs wth eb2 job requirements, so that they can file in eb2. Such folks with 2007 pd are happy today and people with 2003 pds in eb3 will have to wait for a long time.
- if you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
** what type of action are you talking about. Who has the money to hire another lawyer to fight against these people. The only action one could have taken is to leave the company. But as a matter of fact all the desi companies are the same.
If you are talking about getting hired by big companies then tell me seriously how many companies are willing to go through the paper work and file h1-b. During the 2001 recession tell me how many big companies were hiring.
A drawback of the big companies is that if your are fired you loose your gc process, if you are working for a consulting company you have option of consulting and your greencard process is still intact.
- many folks have said that they thought they were in eb2. But found they are in eb3. This shows another weakness of our community and lack of awareness. Iv forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file i485 in july 2007 due to iv effort. Imagine a 2004 eb3 india person without ead today? How will he survive a job loss on h1b in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
being vocal is another story
-
more...
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psaxena
06-11 04:42 PM
Just wondering you were born this way, just happened now when you arrived in US.
Any high school kid will tell you about what happened in the past and what advantage you could have taken, but............ a catch, we are simple who cannot see into the future like "YOU"
Stop these idiotic bakwaas..anyways if you wanna continue, fine with me , I am actually having a great TP.
I get a big laugh when I read some of the posts mocking
each other...
I have expressed my view/gameplan and even mentioned those who like can take anything out of it...
all those who are asking for donation..would you be happy if I donate a 1000$...why not make IV a paysite :D
Anyone who wants to get in have to pay at the gate :D so much for free-forum
I dont want to list here all the charities and social stuff I do just because a bunch of morons demand donation...hahaha sounds like ganesh festival donation demand :D
just know that we all do stuff in our lives oneway or other to give back to society...
And the losers who could get 15% investment and mock other who got more...please grow up...world is much bigger than your box
anyways..since you asked me try a simple investment in wellsfargo around march,april with 100K and figure out how much you get...as they say your attitude is, if you cant do it dont let other do it or just live in denial :)
other guy who was asking for investment advise, I will PM you this evening..goodluck my friend..
Any high school kid will tell you about what happened in the past and what advantage you could have taken, but............ a catch, we are simple who cannot see into the future like "YOU"
Stop these idiotic bakwaas..anyways if you wanna continue, fine with me , I am actually having a great TP.
I get a big laugh when I read some of the posts mocking
each other...
I have expressed my view/gameplan and even mentioned those who like can take anything out of it...
all those who are asking for donation..would you be happy if I donate a 1000$...why not make IV a paysite :D
Anyone who wants to get in have to pay at the gate :D so much for free-forum
I dont want to list here all the charities and social stuff I do just because a bunch of morons demand donation...hahaha sounds like ganesh festival donation demand :D
just know that we all do stuff in our lives oneway or other to give back to society...
And the losers who could get 15% investment and mock other who got more...please grow up...world is much bigger than your box
anyways..since you asked me try a simple investment in wellsfargo around march,april with 100K and figure out how much you get...as they say your attitude is, if you cant do it dont let other do it or just live in denial :)
other guy who was asking for investment advise, I will PM you this evening..goodluck my friend..
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Kodi
05-08 03:16 PM
I'm new to all this. What is the 45 day letter?
more...
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drona
07-21 06:45 PM
Southern California members, please join So Cal IV yahoo group here:
http://groups.yahoo.com/group/SC_Immigration_Voice/
Let's get members together and discuss future action items for So Cal.
You will need to request membership from the group. Please mention
the name you use on IV in your membership request.
Thanks.
http://groups.yahoo.com/group/SC_Immigration_Voice/
Let's get members together and discuss future action items for So Cal.
You will need to request membership from the group. Please mention
the name you use on IV in your membership request.
Thanks.
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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.
more...
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jonty_11
07-11 03:18 PM
how abt predictions for Nov 2008......Lets do that in the predictions thread though
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dan19
05-25 01:09 PM
PD : Sep 2002 (RIR)
45 Day letter: Dec 2004 (After that no news)
I had 2 queries when the case was pending with the state labour office before being shipped to BEC.
The issues were related to low wages and insufficient experience. The company fixed the issues and ammended the Labour petition.
Will that cause a problem when it comes to the approval stage? Again, will that negatively affect I-140?
45 Day letter: Dec 2004 (After that no news)
I had 2 queries when the case was pending with the state labour office before being shipped to BEC.
The issues were related to low wages and insufficient experience. The company fixed the issues and ammended the Labour petition.
Will that cause a problem when it comes to the approval stage? Again, will that negatively affect I-140?
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sukhwinderd
09-12 11:04 AM
Order Details - Sep 12, 2007 11:01 AM EDT
Google Order #546380134380844
just contributed $100 .. will try to attend rally.
Google Order #546380134380844
just contributed $100 .. will try to attend rally.
TeddyKoochu
12-11 10:51 AM
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
Does anybody have any updates on the I485 Pre--Filing new procedure, that last I read was that this has got postponed to June (USCIS half yearly agenda). This is the only raft and lifeboat for us in the deep sea!
Does anybody have any updates on the I485 Pre--Filing new procedure, that last I read was that this has got postponed to June (USCIS half yearly agenda). This is the only raft and lifeboat for us in the deep sea!
hmehta
07-22 05:12 PM
Yes, me too - joined yahoo groups.
joined the yahoo group.
Others may put a message about their joining here.
joined the yahoo group.
Others may put a message about their joining here.
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