w3313
03-31 01:06 PM
Wow, so you're telling me be happy as somebody else is in pain now ???
Their problems doesn't make me smile here. I want solutions to my problems.
I couldn't agree more, how come any immigration rules in britan should have any thing do with USCIS ? any time we have a problem with USCIS or in general US policy there are few people who want to jump in and comapre the rules and other stuff with rest of the world. This is not how an issue should looked at people came here because they thought this country encourages immigrants what I want see is let this country talk the talk and walk the walkif they don't want to give green cards or fix H1b porblems just say we no longer need any immigrants we have gained every thing we want from the immigrants and we are ok now when we need talent and work force we will call everybody , I am sick of this I could go on but .....
Their problems doesn't make me smile here. I want solutions to my problems.
I couldn't agree more, how come any immigration rules in britan should have any thing do with USCIS ? any time we have a problem with USCIS or in general US policy there are few people who want to jump in and comapre the rules and other stuff with rest of the world. This is not how an issue should looked at people came here because they thought this country encourages immigrants what I want see is let this country talk the talk and walk the walkif they don't want to give green cards or fix H1b porblems just say we no longer need any immigrants we have gained every thing we want from the immigrants and we are ok now when we need talent and work force we will call everybody , I am sick of this I could go on but .....
wallpaper Cleveland Browns Stadium
meminime
11-30 02:47 PM
Thanks for all the info about interfilling guys, very useful .
I have EB3 Nob/04 with I40 approved and AOS in progress.
Apllied EB2 10 months ago and got labor (6 months prep + 3 months in filling) + I140 approved (in 2 days)
with prem processing.
I'm also in the same boat as others, not clear as to what one has to do for porting/interfilling, I will let the attorney decide if he/she needs to submit a request or it will be automatically linked to the current 485.
Please keep us updated on your progress which is more helpful than attorneys and SOPs followed by USCIS, thanks.
SM.
I have EB3 Nob/04 with I40 approved and AOS in progress.
Apllied EB2 10 months ago and got labor (6 months prep + 3 months in filling) + I140 approved (in 2 days)
with prem processing.
I'm also in the same boat as others, not clear as to what one has to do for porting/interfilling, I will let the attorney decide if he/she needs to submit a request or it will be automatically linked to the current 485.
Please keep us updated on your progress which is more helpful than attorneys and SOPs followed by USCIS, thanks.
SM.
venky08
01-05 11:18 PM
i think the quality of education is not that big of a deal. both countries do well on their sides. it is the rewards associated with a certain type of education that is important...it just so happens that while people of our generation (mostly generation X) were studying management/law/finance in US, people in india were studying engineering/science and math...that being the rewarding career of choice for the masses in respective countries.
Indian people are doing well here as a community and will do well in years to come. this is because they saw opportunity and freedom as they never saw before in this country...they wanted to make the best of it and couldnt wait to do an excellent job and in turn reap rewards of honest hard work.
Unfortunately due to the protectionist business environment before 1992, before Manmohan Singh then finance minister open the economy for free trade the economy couldnt generate sufficient opportunities for the masses. that is the reason why people took great efforts to immigrate to US and achieve great success.
what we see today in India are the good effects of free trade policies which started in 1992. It took almost a decade to see them conspicuously. i am so happy that India now offers promising careers to its engineers that were very scarce 15-20 years ago.
Indian people are doing well here as a community and will do well in years to come. this is because they saw opportunity and freedom as they never saw before in this country...they wanted to make the best of it and couldnt wait to do an excellent job and in turn reap rewards of honest hard work.
Unfortunately due to the protectionist business environment before 1992, before Manmohan Singh then finance minister open the economy for free trade the economy couldnt generate sufficient opportunities for the masses. that is the reason why people took great efforts to immigrate to US and achieve great success.
what we see today in India are the good effects of free trade policies which started in 1992. It took almost a decade to see them conspicuously. i am so happy that India now offers promising careers to its engineers that were very scarce 15-20 years ago.
2011 Subway Station, an Old Nuclear
Abhinaym
12-10 05:06 PM
I am with you Almond. After waiting for 12 long years in USA and 8 long years for a GC, the tunnel is still dark.
Indians who missed the 07 season don't have the tunnel itself in sight...
Indians who missed the 07 season don't have the tunnel itself in sight...
more...
satishku_2000
07-05 05:05 PM
No... Why?
Can you please tell me the senators office you called so that I can call them too ..:) more calls the better
Can you please tell me the senators office you called so that I can call them too ..:) more calls the better
vpadman
01-14 10:29 PM
I have received a mail from USCIS regarding the emergency AP. They want evidence regarding this emergency AP.
I am getting this for business travel and will get a letter from my company. However, is there any specific format to this letter?
If any of you have obtained an AP for business travel, please advise.
Thanks
I am getting this for business travel and will get a letter from my company. However, is there any specific format to this letter?
If any of you have obtained an AP for business travel, please advise.
Thanks
more...
Sachin_Stock
08-23 01:02 PM
I don't find anything in this memo that contradicts or radically changes the way EB-2 category has been affected. Correct me if I am wrong.
2010 Cleveland Browns Stadium
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...
ItIsNotFunny
03-12 03:46 PM
I already did. I just dont like this DONOR based thread idea.
Appreciate it. Lets not use hard language and insult each other. Keep in mind, united we stand.
Appreciate it. Lets not use hard language and insult each other. Keep in mind, united we stand.
hair Cleveland Browns Stadium
NKR
06-10 11:29 AM
Drunk With ImmigrationVoice. :D
Good one :)
Good one :)
more...
bluekayal
08-23 11:02 AM
Thank you to everyone who read the USCIS document and did not press the panic button. The memo talks about a 2 step process....for most of you I don't see how it affects your GC dreams...relax...they will be fulfilled. No sweat...(or convince me otherwise...after all I did get the I-140 exceptional ability in the art or sciences..etc..without labor certification.)
hot Cleveland Browns Stadium Seats
Macaca
09-12 07:53 PM
Ruben Navarrette ruben.navarrette@uniontrib.com
more...
house Cleveland Browns Stadium
jonty_11
07-06 01:42 PM
we really need this benefit....or else we may have our hair on fire....
Rumor has to be true..or else I am ......................going to Canada
Rumor has to be true..or else I am ......................going to Canada
tattoo Photo by Theresa Romane at Cleveland Browns Stadium
Libra
09-14 02:32 PM
bump
more...
pictures Cleveland Browns Stadium
frostrated
07-06 11:25 AM
It is true that a lot of the members signed up just so that they can follow the happenings, and maybe post an immediate question that they might have. We may have a huge membership base, but without any action from such a base can make any plan from the core a failure. What we need to do is to energize the baselevel members. The senate is comprised of senators from our respective states, and the house has reps from each state. We have individual state chapeters for IV. I think the Core will need to plan out a strategy to help the state chapters approach their senators and house reps, while the core concentrates on contacting the DoJ committees. Meeting a few senators here and there will not help. We need to contact ALL the senators and apprise them of the situations. Rather than have a different message sent to each senator, the core will need to define an agenda, and the communication needed. The state chapters will need to take that and follow up with their respective senators and reps, without diluting any of the messages. Having the core meet all the senators is not proper, we need to pitch in too. Unless we work as a team, nothing that the core has planned will work.
I was/am a member in immigration.com where all the talk of starting this forum happened. I have interacted with the core on many occassions before, and I was also one of the first to join this community. But work and family pressures prompted me to stay away, and in the meantime, my handle and password were forgotten. I had to resign up, and what I find today is that there is no understanding between the members. Be thankful that this forum was set up, and contribute positively in any way you can. Without your support, the core cant do it all. Lets stop worring about donations and membership fees. We are all intelligent, and highly paid. We have the brains to talk to senators and house reps. Lets move forward to get at least piecemeal legislations passed. Lets not wait for CIR. CIR is not going to happen, so dont believe in it.
I was/am a member in immigration.com where all the talk of starting this forum happened. I have interacted with the core on many occassions before, and I was also one of the first to join this community. But work and family pressures prompted me to stay away, and in the meantime, my handle and password were forgotten. I had to resign up, and what I find today is that there is no understanding between the members. Be thankful that this forum was set up, and contribute positively in any way you can. Without your support, the core cant do it all. Lets stop worring about donations and membership fees. We are all intelligent, and highly paid. We have the brains to talk to senators and house reps. Lets move forward to get at least piecemeal legislations passed. Lets not wait for CIR. CIR is not going to happen, so dont believe in it.
dresses See more cleveland browns
paskal
07-11 11:33 AM
nothing will happen without extra GC numbers. we must fight for recapture and exemption. this move seems much too incredible to me. there are a few spillover numbers and a very large number of people waiting from 04-06. ther is no way these people are all (or even most) getting a GC in the short term.
we will end up seeing some random approvals and a lot of heartburn from many others. I truly wonder what is going on.....
we will end up seeing some random approvals and a lot of heartburn from many others. I truly wonder what is going on.....
more...
makeup Cleveland Browns Stadium
sanjeev_2004
09-28 10:17 PM
USCIS don’t understand how desperately we need GC to get rid of these Middle client suckers. We are counting every day and they are just careless about their job.
girlfriend Cleveland Browns Stadium
regacct
05-03 08:09 AM
Got to step it up with Sen Brown and Sen LeMieux, along with Sen Cornyn!
hairstyles Cleveland Browns Cheerleaders
GCAmigo
08-02 03:44 PM
I have talked to a representative and he very patiently explained me about the mess.
He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.
He mentioned that they are working hard to meet this deadline.
Hope this clears the anxiety.
DELUGE!
He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.
He mentioned that they are working hard to meet this deadline.
Hope this clears the anxiety.
DELUGE!
fggc
07-23 09:27 PM
Dont mean to dampen your spirits, happy for the poster of this thread. Could have been lucky to get approved while people like me ( Sep 2003) PD waiting 485 filed 3 yrs ago.
anyway cheers -- go partying
I wish everyone here will get that magic email and be partying as well
anyway cheers -- go partying
I wish everyone here will get that magic email and be partying as well
paisa
07-06 02:15 PM
The USCIS automated line for Priority dates is still playing the PD's for June 2007 showing that EB India cut off June 1st 2003 etc..
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FT 2008 quota kicks in.
I think we should all chill and not worry what is going to happen. Have a beer. Say Happy Birthday to GW Bush. if the visas are over there is nothing USCIS can do. They cannot generate numbers automatically. So chill everyone.
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FT 2008 quota kicks in.
I think we should all chill and not worry what is going to happen. Have a beer. Say Happy Birthday to GW Bush. if the visas are over there is nothing USCIS can do. They cannot generate numbers automatically. So chill everyone.
No comments:
Post a Comment