hopefulgc
08-13 04:54 PM
moderators,
please close this thread.
please close this thread.
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vin13
03-12 01:08 PM
Dear Vin13,
Thanks for the idea. May I request you to please inform every one here, number of hours that you can spend volunteering for IV? I ONLY contributed DOLLARS, but never contributed TIME and I feel ashamed of that. There are many people who have contributed both dollars and time.
If you promise some time volunteering to IV for all the ideas that you listed, I am PROMISING to contribute DOLLARS for you. Are you ready? If so, please send email to IV core.
Thanks again for the idea.
Here is my point. I spend several hours 3-4 hours at least every day looking through the forum posts hoping to find ways i can contribute to efforts. There are several ideas that are generated in the forum. But cannot find out who is leading it. All i am saying is if we can have a listing of initiatives with some names associated. So i can contribute to the ones that i can support.
I am not sure if i am asking for too much here. I am not a IT guy. I do not know what it takes to post it in the front page.
Thanks for the idea. May I request you to please inform every one here, number of hours that you can spend volunteering for IV? I ONLY contributed DOLLARS, but never contributed TIME and I feel ashamed of that. There are many people who have contributed both dollars and time.
If you promise some time volunteering to IV for all the ideas that you listed, I am PROMISING to contribute DOLLARS for you. Are you ready? If so, please send email to IV core.
Thanks again for the idea.
Here is my point. I spend several hours 3-4 hours at least every day looking through the forum posts hoping to find ways i can contribute to efforts. There are several ideas that are generated in the forum. But cannot find out who is leading it. All i am saying is if we can have a listing of initiatives with some names associated. So i can contribute to the ones that i can support.
I am not sure if i am asking for too much here. I am not a IT guy. I do not know what it takes to post it in the front page.
9years
10-28 01:47 PM
Hi All,
My attorney and company (both) received copy of Approval Notice. One thing I noticed is Priority Date on Approval Notice is my EB3 Priority Date( October 2003 ). I think some kind update (porting) has happened. I have not seen any change in LUD on my I-485. This is just to update all and hope this information may be useful to someone.
Thank you and Best of Luck to all.
My attorney and company (both) received copy of Approval Notice. One thing I noticed is Priority Date on Approval Notice is my EB3 Priority Date( October 2003 ). I think some kind update (porting) has happened. I have not seen any change in LUD on my I-485. This is just to update all and hope this information may be useful to someone.
Thank you and Best of Luck to all.
2011 Kourtney Kardashian Elegant
ars01
03-12 04:50 PM
This is unbelievable!
Your PD is Apr 03 EB3 India and you got your GC. You won a lottery buddy. Any LUDs etc in recent past?
No LUDs. I had not checked my case status in the last 4 months and then I just received this email.
Your PD is Apr 03 EB3 India and you got your GC. You won a lottery buddy. Any LUDs etc in recent past?
No LUDs. I had not checked my case status in the last 4 months and then I just received this email.
more...
axp817
11-25 04:30 PM
g 28 does produce soft LUds so it is normal.
Sir,
Thank you for your response. Is it normal to see an LUD on the 140 (approved) as well, when the G-28N is sent in?
Thanks,
Sir,
Thank you for your response. Is it normal to see an LUD on the 140 (approved) as well, when the G-28N is sent in?
Thanks,
HawaldarNaik
03-04 03:45 PM
for all ya mumbai brothers out there:
"ron gotcha-rkar" ka kya hai .. uppar wala mu diya ... to bolegayich. uske to naam me bhi gotcha .. aur kaamme bhi gotcha
one more..
Kya hawaldar saab .. toom bhi wo khajoor gotcharkar ke baaton me aa gaye .... chalo mil ke usko kopche me in leke kharcha pani dete hai.
[translation: native mumbai rambling about how ron gotcher has no data to back it up and should be censured for his quotes without source]
Arre Bhai....2 good...bole to...ekdum JHAKAAAS dialogues mara....lekin kya karega....Asha is hope.....abhe bole to market ekdum tight...kharcha paneee kaisa dega...? but 2 good sahebji...
"ron gotcha-rkar" ka kya hai .. uppar wala mu diya ... to bolegayich. uske to naam me bhi gotcha .. aur kaamme bhi gotcha
one more..
Kya hawaldar saab .. toom bhi wo khajoor gotcharkar ke baaton me aa gaye .... chalo mil ke usko kopche me in leke kharcha pani dete hai.
[translation: native mumbai rambling about how ron gotcher has no data to back it up and should be censured for his quotes without source]
Arre Bhai....2 good...bole to...ekdum JHAKAAAS dialogues mara....lekin kya karega....Asha is hope.....abhe bole to market ekdum tight...kharcha paneee kaisa dega...? but 2 good sahebji...
more...
yabadaba
07-20 08:54 AM
Clinton - Nay
i guess after the money she got from the iit alumni she decided it was enuff support for this time
what r u guys in california doing?
boxer- nay
feinstein- nay
flood them with calls people
at least my senators down south voted - yea!
i guess after the money she got from the iit alumni she decided it was enuff support for this time
what r u guys in california doing?
boxer- nay
feinstein- nay
flood them with calls people
at least my senators down south voted - yea!
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govindk
07-11 08:15 AM
it is really a good news for EB2-I :)
more...
coopheal
01-07 12:13 PM
Approach ur credit uniion. they will eventually sell ur loan to BAC or the big banks.
my friends were on H1. I was on EAD but all I had to provide was my credit score, 6 months paychecks, company history and indicate that my green card is in process. lender was happy that green card is in process. she got terribly confused when I mentioned LC, 140 and EAD. Be careful with words you use becuase the lender or anyone at walmart or honda are not that educated about the pains of GC process and not that they are bad and dont want ur business.
I am also not surprised on reading this thread because our local citizen friends (bankers et al) get pi$$ed off to learn that I dont have a green card and we own homes becuase we are perfect candidates to walk off in a foreclosure with nothing to worry.
on a serious note - if on H1 and no EAD. think twice before buying a house. Job Markets are becoming unfriendly for H1 holders.
God be with you.
-Oye Chakdepatte
I am on EAD and no H1B. I am looking for a house to buy. But wonder sometimes if I should wait till GC.
my friends were on H1. I was on EAD but all I had to provide was my credit score, 6 months paychecks, company history and indicate that my green card is in process. lender was happy that green card is in process. she got terribly confused when I mentioned LC, 140 and EAD. Be careful with words you use becuase the lender or anyone at walmart or honda are not that educated about the pains of GC process and not that they are bad and dont want ur business.
I am also not surprised on reading this thread because our local citizen friends (bankers et al) get pi$$ed off to learn that I dont have a green card and we own homes becuase we are perfect candidates to walk off in a foreclosure with nothing to worry.
on a serious note - if on H1 and no EAD. think twice before buying a house. Job Markets are becoming unfriendly for H1 holders.
God be with you.
-Oye Chakdepatte
I am on EAD and no H1B. I am looking for a house to buy. But wonder sometimes if I should wait till GC.
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Macaca
06-18 10:51 AM
Please post your concerns in Employment Based (EB) Skilled Immigration Applicants (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286&boardsparam=Page%3D3)
more...
mbawa2574
07-06 02:22 AM
[QUOTE=ronhira;462888]lahiribaba - you are my hero. this is the best idea yaar :D[/QUOTE
good thought
good thought
hot 2011 logo, Kourtney
manderson
01-03 03:52 PM
I thought the Background check and AP are independent of each other. Perhaps one of the gurus can confirm this.
Now I am worried too... man the surprises never end!
Does anybody know whether USCIS do background checking on AP application or not ? It seems for my case they are doing as the IO told me.
Now I am worried too... man the surprises never end!
Does anybody know whether USCIS do background checking on AP application or not ? It seems for my case they are doing as the IO told me.
more...
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mbawa2574
07-05 07:02 PM
I personally have nothing against anyone in core team and feel that these guys been doing their best effort to help the community. But their strategy is flawed. We are not aligned with right people and we don't speak up. We don't followup and hit hard on people who are working against our agenda. When illegal immigrant community can get media limelight , why we cannot ? We were all banking on democrats to help us and here is the result. We as IV ans need to wake up and start working closely with pro-business community. We need to approach media to bash anyone who uses race, national orign as a medium to undermine our long term agenda.
We all have the track record for IV till this date and we have not accomplished anything from July 07.We don't have media coverage and no one in political circle knows IV as a viable organization . If media coverage calls for doing something out of box to attract media attention , let's do it. We sent flowers, we attracted media attention. I have some agressive ideas and I can share in a private forum ( Just to keep numbersusa away :-))
For all these changes to happen, a new leadership team needs to be elected.
For everyone's information, I was one of the IV MA chapter leadership team members from 07-08. Was there for July 07 and for the rally. Lately there is no energy left in that chapter. Conference calls are full of people who have nothing but idealism. Other than one or two IV MA members , rest all of them is waste of time. So I find it useless to stick with status quo. A new core leadership team promising aggressive agenda will bring in life to IV.
BTW I liked Dilbert :-)
We all have the track record for IV till this date and we have not accomplished anything from July 07.We don't have media coverage and no one in political circle knows IV as a viable organization . If media coverage calls for doing something out of box to attract media attention , let's do it. We sent flowers, we attracted media attention. I have some agressive ideas and I can share in a private forum ( Just to keep numbersusa away :-))
For all these changes to happen, a new leadership team needs to be elected.
For everyone's information, I was one of the IV MA chapter leadership team members from 07-08. Was there for July 07 and for the rally. Lately there is no energy left in that chapter. Conference calls are full of people who have nothing but idealism. Other than one or two IV MA members , rest all of them is waste of time. So I find it useless to stick with status quo. A new core leadership team promising aggressive agenda will bring in life to IV.
BTW I liked Dilbert :-)
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beppenyc
03-16 10:51 AM
http://www.azcentral.com/news/articles/0316Immigration16-ON.html
Senators debate immigrant worker measure
Associated Press
Mar. 16, 2006 09:35 AM
WASHINGTON - Senators writing a major immigration law overhaul bill moved Thursday toward accepting an approach under which undocumented immigrants could stay in the United States while working toward permanent residence and eventual citizenship.
Sen. Edward Kennedy, D-Mass., stressed that his plan moving through the Senate Judiciary Committee would not constitute an amnesty, a policy rejected by the Bush administration and most Americans, according to polls. Kennedy said it would not give the estimated 11 million people in the country illegally any advantage over the 3 million living overseas while waiting for a decision on green card applications.
Committee Chairman Arlen Specter said the panel would consider the proposal put forward by Kennedy and Sen. John McCain, R-Ariz., when it reconvenes on March 27 after a weeklong recess. advertisement
Senate Majority Leader Bill Frist, R-Tenn., has made clear that immigration reform will be on the chamber's floor that week, regardless of whether the Judiciary Committee comes up with a comprehensive bill.
Congress, at the urging of President Bush, has made comprehensive immigration reform a top priority for this election-year session, pushing forward proposals combining immigration enforcement, a guest worker program and a policy toward people living in the country illegally.
The future treatment of undocumented immigrants, Kennedy said, "really is the heart and soul of this whole undertaking."
The McCain-Kennedy plan would allow those in the country illegally to obtain six-year nonimmigrant visas under which they could work in the country and travel outside the country. They would have to pay a $1,000 fine and undergo background checks.
After six years, the immigrant who pays back taxes, is learning English and pays an additional $1,000 fine can apply for a green card, or permanent residency.
Specter, R-Pa., said the committee would vote on a version of the McCain-Kennedy proposal on the 27th. There would also be a vote on the chief alternative, offered by Sens. John Cornyn, R-Texas, and Jon Kyl, R-Ariz., that would give undocumented immigrants up to five years to leave the country. These immigrants could apply from their home country to return, either as temporary workers or for permanent residency.
"Our intention is not to strand anyone outside the country," Kyl said. But he said that the McCain-Kennedy plan would give an undocumented immigrant allowed to stay and work in the country a "huge advantage" over a person having to wait for years in his or her own country for a green card.
But with Democrats, and several Republicans, on the committee behind McCain-Kennedy, it appeared to have the edge.
Cornyn and Kennedy said they would work over the recess next week on the structure of a guest worker program, which would start out with 400,000 visas. The committee is also expected to take up a separate provision for temporary agriculture workers in preparation for debate on the floor.
Senators from both parties in the committee on Wednesday objected to voting on a bill before the panel reaches a consensus on guest workers. Several Republicans suggested that the Senate first deal with enforcement, and take up the guest worker issue later in the year.
"This is a very complicated bill," Specter said. "And I think we have to get it done right."
Bush, in a State of the Union address two years ago, urged Congress to create a worker program under which participants could gain legal status for a specific time and then be required to return home. It would not provide an automatic path to citizenship.
The House at the end of last year passed a bill that increases penalties for illegal immigration activities and requires employers to verify the legal status of their employees. But it did not address the guest worker issue, and critics argued that it was futile to try to close the border when demand for low-wage workers in this country remains so strong.
"We have a broken system," White House press secretary Scott McClellan said Wednesday. "It needs to be fixed and it needs to be addressed in a comprehensive way."
Senators debate immigrant worker measure
Associated Press
Mar. 16, 2006 09:35 AM
WASHINGTON - Senators writing a major immigration law overhaul bill moved Thursday toward accepting an approach under which undocumented immigrants could stay in the United States while working toward permanent residence and eventual citizenship.
Sen. Edward Kennedy, D-Mass., stressed that his plan moving through the Senate Judiciary Committee would not constitute an amnesty, a policy rejected by the Bush administration and most Americans, according to polls. Kennedy said it would not give the estimated 11 million people in the country illegally any advantage over the 3 million living overseas while waiting for a decision on green card applications.
Committee Chairman Arlen Specter said the panel would consider the proposal put forward by Kennedy and Sen. John McCain, R-Ariz., when it reconvenes on March 27 after a weeklong recess. advertisement
Senate Majority Leader Bill Frist, R-Tenn., has made clear that immigration reform will be on the chamber's floor that week, regardless of whether the Judiciary Committee comes up with a comprehensive bill.
Congress, at the urging of President Bush, has made comprehensive immigration reform a top priority for this election-year session, pushing forward proposals combining immigration enforcement, a guest worker program and a policy toward people living in the country illegally.
The future treatment of undocumented immigrants, Kennedy said, "really is the heart and soul of this whole undertaking."
The McCain-Kennedy plan would allow those in the country illegally to obtain six-year nonimmigrant visas under which they could work in the country and travel outside the country. They would have to pay a $1,000 fine and undergo background checks.
After six years, the immigrant who pays back taxes, is learning English and pays an additional $1,000 fine can apply for a green card, or permanent residency.
Specter, R-Pa., said the committee would vote on a version of the McCain-Kennedy proposal on the 27th. There would also be a vote on the chief alternative, offered by Sens. John Cornyn, R-Texas, and Jon Kyl, R-Ariz., that would give undocumented immigrants up to five years to leave the country. These immigrants could apply from their home country to return, either as temporary workers or for permanent residency.
"Our intention is not to strand anyone outside the country," Kyl said. But he said that the McCain-Kennedy plan would give an undocumented immigrant allowed to stay and work in the country a "huge advantage" over a person having to wait for years in his or her own country for a green card.
But with Democrats, and several Republicans, on the committee behind McCain-Kennedy, it appeared to have the edge.
Cornyn and Kennedy said they would work over the recess next week on the structure of a guest worker program, which would start out with 400,000 visas. The committee is also expected to take up a separate provision for temporary agriculture workers in preparation for debate on the floor.
Senators from both parties in the committee on Wednesday objected to voting on a bill before the panel reaches a consensus on guest workers. Several Republicans suggested that the Senate first deal with enforcement, and take up the guest worker issue later in the year.
"This is a very complicated bill," Specter said. "And I think we have to get it done right."
Bush, in a State of the Union address two years ago, urged Congress to create a worker program under which participants could gain legal status for a specific time and then be required to return home. It would not provide an automatic path to citizenship.
The House at the end of last year passed a bill that increases penalties for illegal immigration activities and requires employers to verify the legal status of their employees. But it did not address the guest worker issue, and critics argued that it was futile to try to close the border when demand for low-wage workers in this country remains so strong.
"We have a broken system," White House press secretary Scott McClellan said Wednesday. "It needs to be fixed and it needs to be addressed in a comprehensive way."
more...
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Milind123
09-16 10:06 AM
Thank you karan007, pvhemanth, zappy, dvrao4, lp2007 and permfiling for the contributions. I am so happy that we were able to conclude this round with the help of only the junior members. Some of you have not posted much. Obviously, you found lot of things on this site that piqued your interest. I appreciate the fact that you did not hesitate to pull the trigger. Because of you, we can close this round and move to the final round.
I hope the final round starts with a person who visits this site regularly, find helpful suggestions and tips, and is generally happy with things moving in the right direction and knows IV is an important part of this process. Even though he supports the rally, he cannot come because he probably lives on the west coast, but would have definitely attended the rally if he or she were working in NJ, MD, PA, VA or any other neighboring states. He doesn�t have many questions to ask, but once in a while she does have a quick question, but rejects that idea because of the process involved. She knows that a user id is required to post any questions.
I am taking about the guest users who were visiting this site at 3:30 AM EST last night. Unless you are in Hawaii, it was rather late for you, even on the West Coast. Obviously we have things in common, that�s why we are communicating (At least one way; I writing and you reading). We also would like to read what�s on your mind. So please consider becoming member and start this round by firing the first shot.
I hope the final round starts with a person who visits this site regularly, find helpful suggestions and tips, and is generally happy with things moving in the right direction and knows IV is an important part of this process. Even though he supports the rally, he cannot come because he probably lives on the west coast, but would have definitely attended the rally if he or she were working in NJ, MD, PA, VA or any other neighboring states. He doesn�t have many questions to ask, but once in a while she does have a quick question, but rejects that idea because of the process involved. She knows that a user id is required to post any questions.
I am taking about the guest users who were visiting this site at 3:30 AM EST last night. Unless you are in Hawaii, it was rather late for you, even on the West Coast. Obviously we have things in common, that�s why we are communicating (At least one way; I writing and you reading). We also would like to read what�s on your mind. So please consider becoming member and start this round by firing the first shot.
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GCKaMaara
10-27 07:43 AM
Good job GCWonder & cnachu2.
I got few PM from senior members that they sent mails too. Please do not loose the momentum - keep sending mails.
ItIsNotFunny, thanks for reminder.
I got few PM from senior members that they sent mails too. Please do not loose the momentum - keep sending mails.
ItIsNotFunny, thanks for reminder.
more...
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ItIsNotFunny
09-19 07:54 AM
thanks for answering.
i am not married. i have explored the possibility of doing this with friend(s) but decided that would like to do this independently. so i guess i have to figure out this owner/employee dual role problem.
any experience on this?
This is exactly why I am planning to open a company that can work as a pool for people who can use AC21, keep almost all the rate they are getting from market without having Legal Issues. I have atleast couple of people joining the pool immediately.
i am not married. i have explored the possibility of doing this with friend(s) but decided that would like to do this independently. so i guess i have to figure out this owner/employee dual role problem.
any experience on this?
This is exactly why I am planning to open a company that can work as a pool for people who can use AC21, keep almost all the rate they are getting from market without having Legal Issues. I have atleast couple of people joining the pool immediately.
girlfriend Kim and Kourtney Kardashian
gonecrazyonh4
04-25 08:52 PM
We stood in the backlog queue. 3 years. 4 years. Now, we are standing in the I-485 adjustment of status (to apply) queue.
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
I dont expect the wait to be any less longer .. But I would surely welcome priority date being based on H1 start date as it would be more fair method
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
I dont expect the wait to be any less longer .. But I would surely welcome priority date being based on H1 start date as it would be more fair method
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MDix
03-03 11:16 AM
I don't think EB3-I would be U for more than a month, as I keep saying this year EB3 would be getting some share of spill-over. So even if it becomes U for April that would be temporarily and it would return back in May.
I agree. EB3-I would go U for rest of the year.
Thank's
MDix
I agree. EB3-I would go U for rest of the year.
Thank's
MDix
bigboy007
06-03 01:40 AM
I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:
================================================== =
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.
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.
================================================== =
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";
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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."
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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.
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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.
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.
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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.
SDdesi
08-12 12:32 PM
They could have done this and re-captured visas with additional fees or whatever. And called it greencard fraud fees it that makes them happy. But the fact is they did not want to do anything to give relief to Immigrants. Recapture (hundreds of thousands of visas) would have significantly helped helped retrogressed countries like EB3 India, China, ROW and EB2 India China. They can take additional fees as long as we know the recapture is being done.
Just looking at the employment based inventory statistics, if every applicant were charged $2000 for visa recapture, it is close to $400M for uncle sam. All EB backlogs would be eliminated, new immigrants would continue contributing to Social security, pay taxes, buy new homes, invest etc... Cant they see the potential upside to this?
Just looking at the employment based inventory statistics, if every applicant were charged $2000 for visa recapture, it is close to $400M for uncle sam. All EB backlogs would be eliminated, new immigrants would continue contributing to Social security, pay taxes, buy new homes, invest etc... Cant they see the potential upside to this?
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