Thursday, June 23, 2011

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  • axp817
    05-14 12:15 PM
    Just an update from my side:

    I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.

    Guys,
    If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.

    That is the attitude, my brother.

    Good luck with the MTR, it is sickening to see such blatant errors on their part.

    I'm sure the eventual outcome will be in your favor, and it is good to see that you are still in good spirits.

    Best,




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  • franklin
    07-21 03:23 AM
    Defense bill is currently on hold. This amendment is for HR2669.
    Amendment Number: S.Amdt. 2339 to S.Amdt. 2327 to H.R. 2669 (College Cost Reduction Act of 2007 )

    H.R.2669
    Title: To provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008.

    Sorry, I'm still confused, but it is entirely possible its my misunderstanding of American Senate and House of Representatives proceedings. How does a Senator add an amendment to a House of Representative bill?

    Are we talking about 240,000 greencards to recapture or 2,400,000?

    By the way - just because you make the letters huge and bold, it doesn't make it easier to comprehend.




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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.




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  • newtoearth
    08-23 10:05 AM
    Eligibility Criteria


    Sub-Categories
    Description
    Evidence

    Advanced Degree
    The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).
    Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.



    Exceptional Ability
    You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
    You must meet at least three of the criteria below.*

    National Interest Waiver
    Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
    You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.




    * Criteria
    Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
    Letters documenting at least 10 years of full-time experience in your occupation
    A license to practice your profession or certification for your profession or occupation
    Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
    Membership in a professional association(s)
    Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
    Other comparable evidence of eligibility is also acceptable.



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  • coolpal
    09-10 11:04 AM
    thanks IV to all ur efforts...
    Here's my contribution of $100 (Google Order #431458970400945)

    Hope I'd make it to DC... but I am leaving on vacation this month, and might have to work that weekend to finish things before I leave...

    thanks,
    pal :)




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  • kshitijnt
    06-26 02:22 PM
    not necessary ...replacements are difficult for key jobs and expertise. if the right person leaves the job ..then a small / medium (or even large ones) can go off road. more than replacement ..it is the effort to find the right person, train him ..and for that person to go through the experience curve ..(I guess you are looking from your level ..are you in s.ware or in testing ?....if yes, you need to look at other higher levels ..ofcourse, for such people EB1 is available ..)
    but I agree ..it does not hurt US as much since economy is so huge ..but it can definitely hurt the business firms ..this was the main reason why the law was changed (or passed) ..to allow H-1 people to continue staying even after 6 years ..earlier they had to leave compulsorily..(I am not an expert ..so feel free to correct).
    and this can happen either at highly skilled level in a big company to a smaller business..
    for e.g. a restaurant can go out of business if their main skilled cook is forced to leave due to immi (or something else).
    and ofcourse a v.big company may lose a skilled analyst (and similarly a scientist etc etc)

    Thats one thing. Again we are talking of replacing these key people in NUMBERS aka thousands? So what does america gain?



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  • addsf345
    11-10 02:27 PM
    Chandu,

    Thank you for taking time writing the blog. People like you make this website so much helpful and valuable.

    I found one very detailed thread on Ron Gotcher's website. He mentioned that cancellation or revocation of I-140 doesn't automatically revokes EAD.

    this is quite interesting and a big relief if true.

    Click to read yourself (http://immigration-information.com/forums/showpost.php?p=18946&postcount=28)

    I would suggest to read this thread completely to anyone who is AOS candidate. Even if you are not thinking of changing your job, during current economy, anyone should be prepared to use AC21 if needed.

    "An EAD remains valid until it expires or is explicitly revoked. Since most AOS denials flow from I-140 problems, an EAD card is not going to get revoked immediately. If nothing else, they have to wait until the interval for an I-140 appeal has lapsed - even if you don't appeal."

    Good find desi485, gave you green!

    Can any one else confirm this? Is there anyone who have discussed this with their own attorneys? or have first hand experience? Please share with rest of the IV community. I am specifically worried over if I will be able to continue working for new employer on EAD in above unfortunate scenario????

    I am planning to join govt agency which is not ready to file for H1B, and also going on unpaid leaves may not be an option as well. Should I take this risk?




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  • WeShallOvercome
    08-02 03:58 PM
    I had an email conversation with my lawyer regarding 180 day portability.
    She said that the count for 180 days should begin with notice date for safe side.
    However the count begins with Receipt Date which is a day or 2 off from the actual application receive date (mail received date).
    This is what i got from my lawyer.


    Your lawyer is a wise person.. Although we know the count starts from Received date, we should plan with ND to be absolutely safe!



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  • diptam
    07-06 12:07 AM
    May be all of us are trying to DIGG at the same time ....

    Page level locks :)

    Guys...digg this one religously..
    For the first time one article connects our needs to what Americans are interested in; Homeland security.




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  • gchopes
    11-05 01:15 PM
    Its been over a month and I haven't received my permanent license in mail. They keep giving temporary 20 day license asking me to wait. Anybody in NC who recently renewed license on EAD and still waiting to get the permanent license in hand?



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  • HV000
    07-22 07:48 AM
    Texas Members - Would it possible to find out if Sen. Cornyn is planning to introduce the amendment again later this year?

    Clearly, he has to work with Sen.Dick Durbin to gain support among the Democrats.




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  • saimrathi
    08-10 01:46 PM
    Did you file concurrent?

    Its random at best then anything else. According to my lawyer, my application (EB2) was there July 2nd morning.



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  • akp
    07-20 12:30 PM
    I don't believe all 750000 are EAD wannabies!




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  • needhelp!
    03-12 11:21 AM
    Please send email to info@immigrationvoice.org

    Pappu has addressed this in the original thread posted about Donor Forums.


    Looks like it only tracks people who donated for FOIA



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  • digital2k
    05-06 11:33 AM
    Don�t miss this opportunity, Everything else can wait

    This is the Chance, Don't delay any longer


    Thank You, those who called, pls advise, help others


    Those who are waiting, pls call and you'll feel proud to have done so


    This is The Historic moment

    Be proud part in making history Now

    Friends, Everyone help keep this post at Number 1 by motivating others

    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

    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 proposal released a few days back.

    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 proposal. If it is possible, could you please share the position of the Senator on the recently released (last week) Comprehensive Immigration Reform proposal?

    Thank you and I am counting on the Senator�s support for this very important issue of national importance. 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 immigration proposal? 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
    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 proposal 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




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  • laborchic
    05-06 11:55 AM
    Called first 7 from the list

    Brown, Gregg, Lugar, Enzi, Graham, Hatch Cornyn, Kyl

    Will try to get to the rest of them later in the day.



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  • vparam
    09-14 03:36 AM
    Just can't work for it without a H1B... :)

    jazz
    If you have a EAD then you need not have a H1B to work for your own LLC...




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  • saikatmandal
    09-11 04:55 PM
    Saw the Oct Visa Bulletin ....
    Future of EB3 applicants look very bleak ...
    I cannot make it to the DC Rally but my small token contribution to this effect.
    I wish this rally a grand success !

    EB3
    PD June 2003
    I-140 Approved
    I-485, EAD, AP - Applied Aug 7, 2007




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  • HRPRO
    02-23 04:31 PM
    Well, I had a Infopass last week to check on a Soft LUD on my I-140, I heard slightly different story, they did not say adjudicating the EB application, but Process the EB application, which I guess what they were saying is pre-adjudicating the cases, in the last few weeks with lot of cases being transferred (both EB2/EB3) to different offices, pre-adjudicating the cases makes sense....but hey, we are talking about USCIS here, we never know, whatever you heard could be true too......

    One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us from retrogression point of view??

    What is LUD




    desigirl
    04-30 12:06 PM
    IV Team,
    I have been calling the list of Senators - and some of them say they do not support amnesty. I do talk about high skilled immigrants (from pappu's brief). My question is how do I make the distinction between the two groups without sounding that I am being against the undocumented?
    Appreciate your help on this as I continue calling the Senators. Thanks




    Vsach
    07-14 09:40 PM
    bump:)



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