Humhongekamyab
06-11 01:17 PM
I have a dumb question: when the above post refers to 25,000 EB2 and EB3 applications does it refer to 25,000 primary applicants or total (applicant and dependent) applications. Does anyone know? -- Thanks.
I think it means total.
I think it means total.
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suriajay12
03-05 08:53 AM
Who knows, maybe Obama is preparing for CIR 2009 now. Before CIR he maybe planning to push all legal EB cases. Remember July 2007 fiasco happened in the backdrop of CIR 2007.
My guess.
My guess is , The new president appears to be strict. So his question to the department very soon will be "What the heck you've been doing with all these cases not touched so far. So they want to do their part even before the big boss asks them. So that way the only issue will be lack of numbers, else everything is ready and look, we did our job. We're very efficient :)
My guess.
My guess is , The new president appears to be strict. So his question to the department very soon will be "What the heck you've been doing with all these cases not touched so far. So they want to do their part even before the big boss asks them. So that way the only issue will be lack of numbers, else everything is ready and look, we did our job. We're very efficient :)
ak_2006
06-10 02:13 PM
Can you post the link of the official announcement, thanks in advance
http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
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komaragiri
08-02 04:23 PM
Hopefully they can as well speed up their process for July filers.
Wake up Texas !!:)
Wake up Texas !!:)
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tikka
07-18 02:06 PM
50$ each month.
for your contribution... :)
for your contribution... :)
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...
sanprabhu
07-23 11:59 AM
Along with thank yous to Chertoff, Lofgren and Gonzalez, I sent an additional thank you to Sen Cornyn. I urge all of you to do the same too.
His Address is:
517 Hart Senate Office Bldg.
Washington, DC 20510
His Address is:
517 Hart Senate Office Bldg.
Washington, DC 20510
2010 Sammi Giancola and Ronnie
eb3retro
09-11 04:28 PM
count me in too
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Buran
10-13 11:25 AM
For FY2006 (Oct 1st, 2005 - Sep 30, 2006) a total of 30,512 Schedule "A" visas were used.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table07d.xls
Schedule "A" was current from June 1, 2005 till October 31, 2006
According to DHS statistics 5,125 schedule "A" visas were used in FY2005 (June 1st, 2005 - Sep 30, 2006).
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2005/table07.xls
So, from June 1, 2005 till September 30, 2006 only 36,367 Schedule "A" visas were used.
Now if 50,000 were available under schedule "A" what happen to 50,000-36,367=14,363 visas? I doubt very much that so many petitions were filed in October 2006 - the last month when this category was current and for new applicants the only option was AOS, even considering the fact that consulates conducted interviews in October, 2006 and November, 2006 they could not use 14,363 visas! Especially considering the fact that not all applications got approved (because of the Visacreen, etc).
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table07d.xls
Schedule "A" was current from June 1, 2005 till October 31, 2006
According to DHS statistics 5,125 schedule "A" visas were used in FY2005 (June 1st, 2005 - Sep 30, 2006).
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2005/table07.xls
So, from June 1, 2005 till September 30, 2006 only 36,367 Schedule "A" visas were used.
Now if 50,000 were available under schedule "A" what happen to 50,000-36,367=14,363 visas? I doubt very much that so many petitions were filed in October 2006 - the last month when this category was current and for new applicants the only option was AOS, even considering the fact that consulates conducted interviews in October, 2006 and November, 2006 they could not use 14,363 visas! Especially considering the fact that not all applications got approved (because of the Visacreen, etc).
hair Sammi quot;Sweetheartquot; Giancola
needhelp!
09-11 04:56 PM
In a moment of decision, the best thing you can do is the right thing to do.
The worst thing you can do is nothing.
- Theodore Roosevelt
The worst thing you can do is nothing.
- Theodore Roosevelt
more...
chanduv23
11-17 02:26 PM
Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
My blog was based on Attorney Rajiv Khanna's interpretation. We need to definitely nail this out. Any experts?
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
My blog was based on Attorney Rajiv Khanna's interpretation. We need to definitely nail this out. Any experts?
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meetdebasish
11-30 01:21 PM
Hey guys,
My name is Debasish and I live in Santa Monica near UCLA. I think we all should get together and do something to mobilize our chapter here in So-Cal area. We all know that there are a lot of people who are on H1B and have applied for their GC. But they are waiting....
For myself, I have applied for my GC and still waiting for the I-140. Don't know what they are doing in the TSC???
So the idea should be to get them invloved...Somebody has rightly put it that we do not have a collective voice and that's why we are ignored...
Hope you guys understand...
I think we should start collecting database of people who have applied for their GC and waiting.
If you have any input on this, I will gladly hear it...
Send me an email at meetdebasish@gmail.com on this topic. I am ready to take the lead and move forward.
~Deb
My name is Debasish and I live in Santa Monica near UCLA. I think we all should get together and do something to mobilize our chapter here in So-Cal area. We all know that there are a lot of people who are on H1B and have applied for their GC. But they are waiting....
For myself, I have applied for my GC and still waiting for the I-140. Don't know what they are doing in the TSC???
So the idea should be to get them invloved...Somebody has rightly put it that we do not have a collective voice and that's why we are ignored...
Hope you guys understand...
I think we should start collecting database of people who have applied for their GC and waiting.
If you have any input on this, I will gladly hear it...
Send me an email at meetdebasish@gmail.com on this topic. I am ready to take the lead and move forward.
~Deb
more...
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learning01
04-25 02:50 PM
and a mouthful now in the works. We are not in ideation phase, we are pushing for implementaion of our goals.
learining01,
if you dont like an idea, learn to let it go by, please do not try to impose your thoughts or enforce your will.
All members can suggest ideas, some are pratical, some are are not. If you do not like an idea just let it go by....
learining01,
if you dont like an idea, learn to let it go by, please do not try to impose your thoughts or enforce your will.
All members can suggest ideas, some are pratical, some are are not. If you do not like an idea just let it go by....
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abhisam
07-27 10:00 PM
can you please publish the agenda of the meeting on the yahoo group? Thanks!
more...
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HV000
09-28 11:50 PM
Is it possible to send a letter to SEN.CORNYN AND REP.LOFGREN demanding USCIS to release BACKLOG NUMBERS upto date and NUMBER OF VISAS used up for 2007 year??
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hebron
03-04 03:08 PM
Its about late registered birth certificate... They want some secondary evidence...
Hi TomTancredo (even though I hate the real Tancredo, you seem to be a good person :)),
This is exactly why I asked you if you could share the details of your RFE. My attorney had asked me to submit affidavits from my parents since I did not have birth ceritificate. Is this the same issue with yours? Could you share the details if you don't mind?
Thank you.
Hi TomTancredo (even though I hate the real Tancredo, you seem to be a good person :)),
This is exactly why I asked you if you could share the details of your RFE. My attorney had asked me to submit affidavits from my parents since I did not have birth ceritificate. Is this the same issue with yours? Could you share the details if you don't mind?
Thank you.
more...
makeup Sammi quot;Sweetheartquot; Giancola
gimme_GC2006
07-21 05:25 PM
We need another demonstration to let people know how this is going to effect :mad: :mad:
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valuablehurdle
07-19 10:52 AM
Can anyone please post a 'sample letter' and the contact information?
I want to post a hard copy of the letter personally to the Atlanta center.
Stuck since April 15th.
I want to post a hard copy of the letter personally to the Atlanta center.
Stuck since April 15th.
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BPforGC
03-05 02:36 PM
No labor (NIW). PD April 2007. 485 in July 2007. All @ NSC
My wife got RFE. Answered and received by USCIS on 26th Nov 2008. States "RFE received, case processing resumed". Soft on 2/25/2009.
My 485: Case received on 24th July 2007... blah..blah...blah. Soft LUD 11/10/2008.
EADs are approved and later renewed in 9-10 days (yes, 9-10 DAYS, USCIS is lightning fast in this aspect) at TSC, 2 yr EAD.
NSC says my preadjudication complete, FBI cleared and waiting to be assigned to an officer. Same case as others "pending...VISA availability".
Unless there is a legislation change, I have to wait till PD becomes current. However, the adjudication office can override the PD and allocate VISA number with a justification. This has happened to many people, so PD and VISA allocation is not an absolute must.
Lets hope....:D
My wife got RFE. Answered and received by USCIS on 26th Nov 2008. States "RFE received, case processing resumed". Soft on 2/25/2009.
My 485: Case received on 24th July 2007... blah..blah...blah. Soft LUD 11/10/2008.
EADs are approved and later renewed in 9-10 days (yes, 9-10 DAYS, USCIS is lightning fast in this aspect) at TSC, 2 yr EAD.
NSC says my preadjudication complete, FBI cleared and waiting to be assigned to an officer. Same case as others "pending...VISA availability".
Unless there is a legislation change, I have to wait till PD becomes current. However, the adjudication office can override the PD and allocate VISA number with a justification. This has happened to many people, so PD and VISA allocation is not an absolute must.
Lets hope....:D
pappu
08-28 10:56 AM
since this last month has been one of the most frustrating in terms of any movement from any standpoint...thought i d write another op ed
==================================================
Where is my Ellis Island?
yabadaba
IV member
Thank you very much for your effort. IV team is working on getting op-eds published.
==================================================
Where is my Ellis Island?
yabadaba
IV member
Thank you very much for your effort. IV team is working on getting op-eds published.
mpadapa
08-13 05:05 PM
Getting HR 5882 / S 3414 (recapture bills) through congress is the only hope for EB3's.
Changing the spillover will not help EBI because in both the spillover interpretations EB3I is the last in the chain. The only reason EB3I benefited from earlier spillover interpretations was because there weren't any ripe EB2-I cases available and it spilled over to EB3I. Reverting to the old spillover interpretation will not benefit EBI but sure it will benefit EB3-ROW.
Let us focus on getting the recapture bills through. Call u'r congressman/senator and start pushing for the recapture bill. EB3I has been benefited until now because of the AC21 recapture. Now it is time for another recapture.
Changing the spillover will not help EBI because in both the spillover interpretations EB3I is the last in the chain. The only reason EB3I benefited from earlier spillover interpretations was because there weren't any ripe EB2-I cases available and it spilled over to EB3I. Reverting to the old spillover interpretation will not benefit EBI but sure it will benefit EB3-ROW.
Let us focus on getting the recapture bills through. Call u'r congressman/senator and start pushing for the recapture bill. EB3I has been benefited until now because of the AC21 recapture. Now it is time for another recapture.
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