gc_buddy
09-12 10:02 AM
The mere things that we are trying to use in the campaign do not cost more than $10.
Guys, Every penny is worth spending. Try looking back at the flower campaign that we did back in July 2007 and the magic it made..
Guys, Every penny is worth spending. Try looking back at the flower campaign that we did back in July 2007 and the magic it made..
wallpaper read liam 90210+liams+car
immi_twinges
07-20 03:31 PM
She recently announced in her campaign that she will increase the H1B visas
She also made a statement that she will try for more benefits for permanent residents.
She does not want to support only the people who are in the process of immigration???
Whats up with that.
May be she is afraid of Lou Dobbs...Recently he has been criticizing her for her Indian ties
or may be she is pro Rich Indian Americans ... this might sound ridiculous but her voting ney is crazy
They always comment about us stealing the middle class jobs...tell me one case where they don't prefer US citizen over immigrant.
I have been interviewing for couple of companies ...the first question they ask is ...Are you US citizen 2nd question r u Permanent resident ..no..
Then we are sorry.
Companies do not prefer US citizens over Immigrants...I don't know where this misconception comes in to play...
There was a guy in our office who used to complain about Chineese and Indians stealing jobs...Believe he is a big slacker ..he recently got fired...people like him form these programmers guilds.
We do not work for less and we are not paid less...may be they deduct our Gc expenses but not much
Why is there a misconception about us?
Lets get this thought out of these bone heads
We are not middle class job stealers...We are the building blocks of a strong middle class
She also made a statement that she will try for more benefits for permanent residents.
She does not want to support only the people who are in the process of immigration???
Whats up with that.
May be she is afraid of Lou Dobbs...Recently he has been criticizing her for her Indian ties
or may be she is pro Rich Indian Americans ... this might sound ridiculous but her voting ney is crazy
They always comment about us stealing the middle class jobs...tell me one case where they don't prefer US citizen over immigrant.
I have been interviewing for couple of companies ...the first question they ask is ...Are you US citizen 2nd question r u Permanent resident ..no..
Then we are sorry.
Companies do not prefer US citizens over Immigrants...I don't know where this misconception comes in to play...
There was a guy in our office who used to complain about Chineese and Indians stealing jobs...Believe he is a big slacker ..he recently got fired...people like him form these programmers guilds.
We do not work for less and we are not paid less...may be they deduct our Gc expenses but not much
Why is there a misconception about us?
Lets get this thought out of these bone heads
We are not middle class job stealers...We are the building blocks of a strong middle class
ArkBird
09-04 05:09 PM
You are 100% right but no one thought their Labor/GC pain will last THIS long. The most unfortunate/unlucky part in this whole journey was 245(i) amnesty in 2001. This is a tsunami which choked the labor pipe (Remember the good old days of Backlog Reduction Center and quest for that elusive screen shot from the BRC for case? :) ) & imbalanced the demand/supply equilibrium for EB3. This is the reason the variable of priority date became constant and stuck to 2001..
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.
- 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.
- 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.
- 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.
- 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.
-
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.
- 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.
- 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.
- 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.
- 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.
-
2011 Naomi, Liam Animation
glus
04-30 02:23 PM
its working now...
more...
abhijitp
07-20 05:02 PM
I too missed this initially... thanks for bumping up. We need to call/ write to the pro-immigrant senators.
user2005
01-05 05:26 PM
It tracks the statuses of around 1800 people....
http://www.immigrationportal.com/showthread.php?p=1392408#post1392408
This seems to be very extensive tracker. Based on this data, we can make a close analysis of Philadelphia BPC.
In RIR queue, they are currently certifying applications with PD of Sep 2004. We can find some cases with PD later than Sep 04 with status Certified. Those are either lucky ones or those who already reached from SWA to DOL before ended up in BPC. We can find many cases with PD earlier than Sep 04 with status Letter Received. I do not have strong explanation. Those could be either pending in data review or ones who did not care to update their tracking info after being certified or unlucky ones :confused:
In Regular (TR) queue, they are still certifying ones that came from DOL.:mad:
http://www.immigrationportal.com/showthread.php?p=1392408#post1392408
This seems to be very extensive tracker. Based on this data, we can make a close analysis of Philadelphia BPC.
In RIR queue, they are currently certifying applications with PD of Sep 2004. We can find some cases with PD later than Sep 04 with status Certified. Those are either lucky ones or those who already reached from SWA to DOL before ended up in BPC. We can find many cases with PD earlier than Sep 04 with status Letter Received. I do not have strong explanation. Those could be either pending in data review or ones who did not care to update their tracking info after being certified or unlucky ones :confused:
In Regular (TR) queue, they are still certifying ones that came from DOL.:mad:
more...
GayatriS
01-05 08:22 PM
I don't think there are contradictions. I have read his Businessweek articles. He is researching ways for America to remain competetive and believes that skilled immigrants who get permanent residence are the key.
Listen to the last minute of the video and you will see what his message is.
Listen to the last minute of the video and you will see what his message is.
2010 Prom night - Naomi and Liam
ilikekilo
07-24 11:47 AM
my own guess..with all these random approvals and stuff happening i am guessing that the PD for eb3 india would be in late 2003 (dec 2003) or early 2004 like jan/feb 2004...
more...
ashutrip
06-23 12:20 PM
i saw 2 approvals ( on 06/22) in for people who applied in feb starting ... just a fyi
-M
its disgusting
-M
its disgusting
hair Liam Court (Matt Lanter)
tikka
07-18 02:04 PM
As a $20 recurring contributor till now, I am upgrading my monthly contribution to $50 from today onwards.
Good luck to everyone and my wishes to IV CORE.
Also IV membership just crossed the 21000 mark.
Threads: 5,912, Posts: 118,961, Members: 21,000 , Active Members: 14,163
for your contribution.. :)
Good luck to everyone and my wishes to IV CORE.
Also IV membership just crossed the 21000 mark.
Threads: 5,912, Posts: 118,961, Members: 21,000 , Active Members: 14,163
for your contribution.. :)
more...
InTheMoment
07-18 10:59 PM
Other than that RD also comes into play in deciding the order in which the file comes under review of an officer. This is irrespective of what the visa bulletin says..and is called in CIS parlance as pre-adjudication if the PD is not available.("pre" as in adjudication before a visa number is available).
Such files that have undergone adjudicator review/FBI name and fingerprint as well as IBIS checks and are complete in all other respects but for visa# are now placed in separate area shelf for quickly assigning #'s, stamping, signing and ordering cards when PD is current for such petitions.
So the work of reviewing files goes roughly in FIFO order (that is based on RD) all round the year whether the bulletin says C, U, A, B or JAN01STONEAGE!
You guys are mistaken one thing. No matter what PD has to be current at the time of I-485 processing. But if both applicant have PD current than RD comes into play. Other than that RD does not play any role at all.
Such files that have undergone adjudicator review/FBI name and fingerprint as well as IBIS checks and are complete in all other respects but for visa# are now placed in separate area shelf for quickly assigning #'s, stamping, signing and ordering cards when PD is current for such petitions.
So the work of reviewing files goes roughly in FIFO order (that is based on RD) all round the year whether the bulletin says C, U, A, B or JAN01STONEAGE!
You guys are mistaken one thing. No matter what PD has to be current at the time of I-485 processing. But if both applicant have PD current than RD comes into play. Other than that RD does not play any role at all.
hot 90210_1x17MATTLANTERYUMMY2.png
srikondoji
08-12 01:43 PM
Diptam,
Can you re-read the post and quote relevant parts of my very first post to prove that i was assertive?
I very clearly said that this info was from customer rep and was true for NSC only.
I have called USCIS twice for specific information because i need t0 travel to europe on a business trip in the months of sept/oct and was interested in getting AP.
Information in this forum or any other forum is for sharing purposes. People should take that and do their own due dilligence.
I have been on yahoo finance for the past 8 years and read many posters recommendation about a particular stock. Do you make investment decisions based on those posts?
You need to update your skills about forums and the validity of its contents.
No one can be assertive in their posts and not even the information originator or its source.
So, please refrain from personal attacks.
I know you and buddyinus are doing just that.
Thanks for others who stepped in and helping me out.
Best regards
sri
Srikondo man,
I dont care your fight with 'buddyinus' or your friendship with 'frankzulu' and whether you were travelling by air/car/ship - I would like to ask you a SIMPLE question.
You started this thread saying that USCIS has a "deadline" for completing stuffs last Monday or last last Friday.... All of us trusted you that time - Could you please give us a responsible answer or status Update.
I hope you will reply this time.
Thanks,
Can you re-read the post and quote relevant parts of my very first post to prove that i was assertive?
I very clearly said that this info was from customer rep and was true for NSC only.
I have called USCIS twice for specific information because i need t0 travel to europe on a business trip in the months of sept/oct and was interested in getting AP.
Information in this forum or any other forum is for sharing purposes. People should take that and do their own due dilligence.
I have been on yahoo finance for the past 8 years and read many posters recommendation about a particular stock. Do you make investment decisions based on those posts?
You need to update your skills about forums and the validity of its contents.
No one can be assertive in their posts and not even the information originator or its source.
So, please refrain from personal attacks.
I know you and buddyinus are doing just that.
Thanks for others who stepped in and helping me out.
Best regards
sri
Srikondo man,
I dont care your fight with 'buddyinus' or your friendship with 'frankzulu' and whether you were travelling by air/car/ship - I would like to ask you a SIMPLE question.
You started this thread saying that USCIS has a "deadline" for completing stuffs last Monday or last last Friday.... All of us trusted you that time - Could you please give us a responsible answer or status Update.
I hope you will reply this time.
Thanks,
more...
house Liam 90210: 90210
diptam
10-08 02:58 PM
mayitbesoon,
Please send the email (something is better than nothing) but you will receive a return email like this after 20-30 days but the message reaches across them by email at least.
I took about 3 weeks for me to convince , going up the ladder in HR Department and finally i got that page signed after 4 weeks - Call , Call again , Follow up, follow up , push , push harder ... you have every right to get that letter and employer will face no trouble issuing it. be Polite , be rough , be mild and startover again on phone to get it
Mr. XXXXXXXXXXXXXXX:
Thank you for your inquiry.
We have submitted your immigration issue into our trends system, which allows us to view systemic problems within USCIS.
Meanwhile, if you are still encountering a problem with your individual case, you may find it helpful to submit a formal case problem request to our office through filing a DHS-7001.
If you choose to submit a case problem request, please submit your case using Form DHS-7001 , CIS Ombudsman Case Problem Submission. This form is attached to this message , and also available on this website: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. If you submit a case problem on behalf of another individual with a pending USCIS immigration benefit , please obtain the individual’s signature in Section 15: Consent on Form DHS-7001 , CIS Ombudsman Case Problem Submission.
Case problems cannot be submitted through facsimile or email at this time due to confidentiality and Privacy Act issues. Please mail your completed and signed form , with supporting documentation , to the following address:
Via Regular Mail:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Via Courier Service:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
245 Murray Lane
Mail Stop 1225
Washington, D.C. 20528-1225
Please allow 14 business days for receipt of your form. You will receive confirmation through postal mail of receipt and review of your case problem from CISOMB and USCIS CAO within 45 business days. Please remember that CISOMB cannot provide immigration advice or adjudication. For further information , please consult this website: http://www.dhs.gov/cisombudsman.
Thank you for again for your inquiry.
Sincerely,
CIS Ombudsman
Diptam,
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
Please send the email (something is better than nothing) but you will receive a return email like this after 20-30 days but the message reaches across them by email at least.
I took about 3 weeks for me to convince , going up the ladder in HR Department and finally i got that page signed after 4 weeks - Call , Call again , Follow up, follow up , push , push harder ... you have every right to get that letter and employer will face no trouble issuing it. be Polite , be rough , be mild and startover again on phone to get it
Mr. XXXXXXXXXXXXXXX:
Thank you for your inquiry.
We have submitted your immigration issue into our trends system, which allows us to view systemic problems within USCIS.
Meanwhile, if you are still encountering a problem with your individual case, you may find it helpful to submit a formal case problem request to our office through filing a DHS-7001.
If you choose to submit a case problem request, please submit your case using Form DHS-7001 , CIS Ombudsman Case Problem Submission. This form is attached to this message , and also available on this website: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. If you submit a case problem on behalf of another individual with a pending USCIS immigration benefit , please obtain the individual’s signature in Section 15: Consent on Form DHS-7001 , CIS Ombudsman Case Problem Submission.
Case problems cannot be submitted through facsimile or email at this time due to confidentiality and Privacy Act issues. Please mail your completed and signed form , with supporting documentation , to the following address:
Via Regular Mail:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Via Courier Service:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
245 Murray Lane
Mail Stop 1225
Washington, D.C. 20528-1225
Please allow 14 business days for receipt of your form. You will receive confirmation through postal mail of receipt and review of your case problem from CISOMB and USCIS CAO within 45 business days. Please remember that CISOMB cannot provide immigration advice or adjudication. For further information , please consult this website: http://www.dhs.gov/cisombudsman.
Thank you for again for your inquiry.
Sincerely,
CIS Ombudsman
Diptam,
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
tattoo Liam and Naomi
GCard_Dream
07-19 02:50 PM
Confirmation Number: 1RS188876V717273E
Made another $100 contribution today. I hope that all members now realize that IV is doing a great job of addressing our issues and finally coming up with some results. This is just the beginning and the member contribution will determine how much more IV can accomplish. If we all don't join forces and contribute one way or the other, 8 or 10 core members alone can't do much.
Membership and their contribution is the real strength of core team and if either one of those dries up, IV will no longer exist and all EB folks will once again become the step child of immigration process and no one will care about us. We have a voice now through IV, people know that we exist and realize the legal immigration process is badly broken and needs repair. Government and politicians have taken notice and agree that there is a problem with legal immigration. This is very significant. If we would like to continue this fight, contribution is a must.
For those who are still hesitating to contribute, there is always that F5 (refresh) key which you can keep pressing and hope that some how pressing that F5 key enough times will result in some relief. You folks have more faith on that F5 key than IV and I wish you good luck with your green card process. Once you do get your green card, please let us know how many times did you have to press that key to get a green card. That will set the bar for the future generation of EB applicants.
Made another $100 contribution today. I hope that all members now realize that IV is doing a great job of addressing our issues and finally coming up with some results. This is just the beginning and the member contribution will determine how much more IV can accomplish. If we all don't join forces and contribute one way or the other, 8 or 10 core members alone can't do much.
Membership and their contribution is the real strength of core team and if either one of those dries up, IV will no longer exist and all EB folks will once again become the step child of immigration process and no one will care about us. We have a voice now through IV, people know that we exist and realize the legal immigration process is badly broken and needs repair. Government and politicians have taken notice and agree that there is a problem with legal immigration. This is very significant. If we would like to continue this fight, contribution is a must.
For those who are still hesitating to contribute, there is always that F5 (refresh) key which you can keep pressing and hope that some how pressing that F5 key enough times will result in some relief. You folks have more faith on that F5 key than IV and I wish you good luck with your green card process. Once you do get your green card, please let us know how many times did you have to press that key to get a green card. That will set the bar for the future generation of EB applicants.
more...
pictures Watch 90210 Season 2 Episode
pointlesswait
04-30 03:53 PM
for many its one and the same..delay in GC
i think nothing will ever happen for GC backlogs in near future..
allowing X-number of immigrants is based on a social vision of US!
Too many from one coutnry will dilute that notion of melting pot and make it too much of "sambar" or "wonton soup"....like londonisthan..americans are not so dumb as those brits!!1
The wait is deliberate and will be that way..like it or not!
these debaters are like laloo prasads of india..talk away to oblivion..
:cool:
lobbying is gorafied version of desi corruption : its only the packaging thats different!;-)
Yes, it appears people on this forum are still confused about backlogs due to unavailable visa numbers and backlog due to CIS having too many 485s to process.
They are 2 different things.
i think nothing will ever happen for GC backlogs in near future..
allowing X-number of immigrants is based on a social vision of US!
Too many from one coutnry will dilute that notion of melting pot and make it too much of "sambar" or "wonton soup"....like londonisthan..americans are not so dumb as those brits!!1
The wait is deliberate and will be that way..like it or not!
these debaters are like laloo prasads of india..talk away to oblivion..
:cool:
lobbying is gorafied version of desi corruption : its only the packaging thats different!;-)
Yes, it appears people on this forum are still confused about backlogs due to unavailable visa numbers and backlog due to CIS having too many 485s to process.
They are 2 different things.
dresses liam court 90210 want
lonedesi
08-05 05:04 PM
If you are one of those who has been waiting for I-140 approvals at TSC or NSC, please join this campaign. Please post a comment on this thread after you have mailed the letter & Form 7001.
more...
makeup actor liam court 90210
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 :
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"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.
girlfriend Matt on the set of 90210!
genius
11-19 10:09 PM
Pasadena,CA (Los Angeles County)
hairstyles Liam / Zdjęcia / 90210 /
vasa
07-07 11:46 PM
The NYT Editorial is on reddit. Please go vote on it...
Search for immigration malpractice.
dugged/reddit...
this was a good article
Search for immigration malpractice.
dugged/reddit...
this was a good article
gc_chahiye
07-23 04:02 PM
this is a 2004 EB3 approval! This is the first one I am seeing from 2004. So looks like they have really cleaned the pipes here, and things should be better going forward.
The nicest thing of this whole fiasco is that they seem to have ignored country-limits and approved as many as possible. Last year they did only 9.8K EB Indians (teh final count was 17k, but that was due to ScheduleA). THis year (2007) if they have gotten 20-30K India applications out, the dates should move better in the future.
Eagerly awaiting 2 USCIS stats:
1. per-country per-category EB approvals in 2007
2. number of 485 applications received by August 17th
The nicest thing of this whole fiasco is that they seem to have ignored country-limits and approved as many as possible. Last year they did only 9.8K EB Indians (teh final count was 17k, but that was due to ScheduleA). THis year (2007) if they have gotten 20-30K India applications out, the dates should move better in the future.
Eagerly awaiting 2 USCIS stats:
1. per-country per-category EB approvals in 2007
2. number of 485 applications received by August 17th
MunnaBhai
08-02 06:22 PM
Also on the same note where did they stack your application, :D
Hi Niklshah,
What time did your application reach NSC?
Hi Niklshah,
What time did your application reach NSC?
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