sandy_77
06-24 03:17 PM
I suggest that you write at least two articles. First one should focus on our problems and costs involved at each stage for the current 5-7 years waiting period. A lot of guys out there against immigration do not currently know exactly how tuff it is these days to get a visa and come to US. Just imagine if somebody came to US on a student loan and was not able to get a job because of these visa problems as has started to happen over the last couple of years, how much financial burden he will have and how long it will take him to pay off these loans. explain how visa applicants are harassed buy the consulates, USCIS/DHS/DOS, lawyers, employers just because they can. Had everyone who came to US to study or work on his/her own merit been given a green card like visa as and when they wanted it, he/she would not be exploited, they would compete with any american citizen for a better pay (taking away the argument from the anti-immigrants that we are displacing the citizens by being underpaid). This I think would have taken away the argument that we are over populating the US or that we are immigrants for ever (not assimilating in the mainstream) because then we would be part of the mainstream and those who do not want to live in US forever (a significant number of people...leading to reduced immigration) could go back when they wanted. Look for all the problems we have to face on a day-to-day basis and ask whether we are asking more than some basic human rights and are we wrong in asking for these rights. Isn't it also one form of injustice when we are paying for medicare/social security without getting any benefits? Isn't it injustice when we cannot progress in our careers when we are stuck in this endless and ever increasing GC delays? Isn't it injustice when we are equated with the illegal immigrants? Isn't it injustice when we are asked to renew our status by paying ever increasing fees and endless documentation when there is no need unless one has left the country on his own and wishes to return? Does the country really need skilled immigrants and if it does why can't it allow them to live with some basic human rights and dignity. By denying the new immigrants these rights, dignity is the US promoting new-age slavery and forcing even the legal immigrants into shadows and back alleys of the society? Explore why some legal immigrants have to resort to illegal status (school going kids, family life, friends...age at which they migrate changes their social circle) when they cannot stay in status by legal means.
Once you have explored and educated your article readers about our situation, they will have a better understanding of what we are requesting the US govt is lot illegitimate and may even encourage some illegal immigrants into going the legal way.
Once you have explored and educated your article readers about our situation, they will have a better understanding of what we are requesting the US govt is lot illegitimate and may even encourage some illegal immigrants into going the legal way.
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tnite
07-20 07:53 AM
I dont understand why the democrats are hell bent on not helping the legal community and ofcourse sessions voted against us
what a shame!!1
what a shame!!1
chanduv23
05-15 07:39 AM
There was a campaign on wrongful denial in AC21 , there was also letter campaign not sure what happened after that ? It was IV action item too... What was the conclusion ? should we all suffer even if it is a training issue, if they act such nice on letters , then why they act as if there is no form and if AC21 is for real aliens from a real alien world.
Bigboy - those were good enough to help us reach Ombudsman's office and the result of those campaigns was that the Ombudsman's office now have a page on their website addressing this issue. Not sure how much it is helping though but as such, if anyone is having case problems, they have to contact the Ombudsman because their office is officially supposed into case problems and am sure - they have their liason at the service centers who may monitor such decisions at an individual case level.
Not quite sure why these things are continuing to happen.
Bigboy - those were good enough to help us reach Ombudsman's office and the result of those campaigns was that the Ombudsman's office now have a page on their website addressing this issue. Not sure how much it is helping though but as such, if anyone is having case problems, they have to contact the Ombudsman because their office is officially supposed into case problems and am sure - they have their liason at the service centers who may monitor such decisions at an individual case level.
Not quite sure why these things are continuing to happen.
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Junky
09-10 08:07 AM
Damn :mad:, I can't believe that USCIS will going to waste visa numbers again. Therefore friends please call congressmen to support HR5882.
Elton Gallegly (R-Calif.)202- 225-5811
Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
Dan Lungren (R-Calif.)202- 225-5716
Brad Sherman (D-Calif.) 202-225-5911
Adam B. Schiff (D-Calif.)202- 225-4176
Rick Boucher (D-Va.) 202-225-3861
Robert C. Scott (D-Va.) (202) 225-8351
Bob Goodlatte (R-Va.)202- 225-5431
J. Randy Forbes (R-Va.)202- 225-6365
Tom Feeney (R-Fla.) 202-225-2706
Ric Keller (R-Fla.)202- 225-2176
Louie Gohmert (R-Texas) 202-225-3035
Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236
Jim Jordan (R-Ohio) 202-225-2676
Betty Sutton (D-Ohio) 202-225-3401
Chris Cannon (R-Utah)202- 225-7751
Steve Chabot (R-Ohio) 202-225-2216
Howard Coble (R-N.C.) 202-225-3065
Steve Cohen (D-Tenn.)202- 225-3265
John Conyers (D-Mich.), Chairman 202-225-5126
William D. Delahunt (D-Mass.)202- 225-3111
Keith Ellison (D-Minn.) 202-225-4755
Trent Franks (R-Ariz.)202- 225-4576
Luis Gutierrez (D-Ill.)202- 225-8203
Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
Mike Pence (R-Ind.) 202-225-3021
Howard L. Berman (D-Calif.) 202-225-4695
Debbie Wasserman Schultz (D-Fla.) 202-225-7931 (IN FAVOR - Reported by IV member new_horizon)
Tammy Baldwin (D-Wis.) 202- 225-2906 (IN FAVOR - Reported by IV members cnag & Prashant)
Maxine Waters (D-Calif.) 202-225-2201 (IN FAVOR - Reported by IV member little_willy)
Anthony D. Weiner (D-N.Y.) 202-225-6616 (IN FAVOR - Reported by IV member punjabi77)
Robert Wexler (D-Fla.) 202-225-3001 (IN FAVOR - Reported by IV member punjabi77)
Hank Johnson (D-Ga.) 202-225-1605 (IN FAVOR - Reported by IV member punjabi77)
Zoe Lofgren (D-Calif.)202- 225-3072 (ALREADY SPONSOR DO NOT CALL)
Jim Sensenbrenner (R-Wis.) 202-225-5101 (ALREADY COSPONSOR DO NOT CALL)
Linda Sanchez (D-Calif.) 202-225-6676 (ALREADY COSPONSOR DO NOT CALL)
Jerrold Nadler (D-N.Y.) 202-225-5635 (ALREADY COSPONSOR DO NOT CALL)
Artur Davis (D-Ala.) 202-225-2665 (ALREADY COSPONSOR DO NOT CALL)
Sheila Jackson-Lee (D-Texas)202- 225-3816 (ALREADY COSPONSOR DO NOT CALL)
Melvin L. Watt (D-N.C.)202- 225-1510 (ALREADY COSPONSOR DO NOT CALL)
Data available in Mumbai consulate website
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
Elton Gallegly (R-Calif.)202- 225-5811
Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
Dan Lungren (R-Calif.)202- 225-5716
Brad Sherman (D-Calif.) 202-225-5911
Adam B. Schiff (D-Calif.)202- 225-4176
Rick Boucher (D-Va.) 202-225-3861
Robert C. Scott (D-Va.) (202) 225-8351
Bob Goodlatte (R-Va.)202- 225-5431
J. Randy Forbes (R-Va.)202- 225-6365
Tom Feeney (R-Fla.) 202-225-2706
Ric Keller (R-Fla.)202- 225-2176
Louie Gohmert (R-Texas) 202-225-3035
Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236
Jim Jordan (R-Ohio) 202-225-2676
Betty Sutton (D-Ohio) 202-225-3401
Chris Cannon (R-Utah)202- 225-7751
Steve Chabot (R-Ohio) 202-225-2216
Howard Coble (R-N.C.) 202-225-3065
Steve Cohen (D-Tenn.)202- 225-3265
John Conyers (D-Mich.), Chairman 202-225-5126
William D. Delahunt (D-Mass.)202- 225-3111
Keith Ellison (D-Minn.) 202-225-4755
Trent Franks (R-Ariz.)202- 225-4576
Luis Gutierrez (D-Ill.)202- 225-8203
Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
Mike Pence (R-Ind.) 202-225-3021
Howard L. Berman (D-Calif.) 202-225-4695
Debbie Wasserman Schultz (D-Fla.) 202-225-7931 (IN FAVOR - Reported by IV member new_horizon)
Tammy Baldwin (D-Wis.) 202- 225-2906 (IN FAVOR - Reported by IV members cnag & Prashant)
Maxine Waters (D-Calif.) 202-225-2201 (IN FAVOR - Reported by IV member little_willy)
Anthony D. Weiner (D-N.Y.) 202-225-6616 (IN FAVOR - Reported by IV member punjabi77)
Robert Wexler (D-Fla.) 202-225-3001 (IN FAVOR - Reported by IV member punjabi77)
Hank Johnson (D-Ga.) 202-225-1605 (IN FAVOR - Reported by IV member punjabi77)
Zoe Lofgren (D-Calif.)202- 225-3072 (ALREADY SPONSOR DO NOT CALL)
Jim Sensenbrenner (R-Wis.) 202-225-5101 (ALREADY COSPONSOR DO NOT CALL)
Linda Sanchez (D-Calif.) 202-225-6676 (ALREADY COSPONSOR DO NOT CALL)
Jerrold Nadler (D-N.Y.) 202-225-5635 (ALREADY COSPONSOR DO NOT CALL)
Artur Davis (D-Ala.) 202-225-2665 (ALREADY COSPONSOR DO NOT CALL)
Sheila Jackson-Lee (D-Texas)202- 225-3816 (ALREADY COSPONSOR DO NOT CALL)
Melvin L. Watt (D-N.C.)202- 225-1510 (ALREADY COSPONSOR DO NOT CALL)
Data available in Mumbai consulate website
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
more...
Sunx_2004
05-13 11:44 PM
This is strange, They are saying your I 140 get denied on the date it was approved...
What was the result of second MTR, Is that dismissed too...
I have EAD which expires on 07/30/2010. I have AP which expires on 10/29/2009
What was the result of second MTR, Is that dismissed too...
I have EAD which expires on 07/30/2010. I have AP which expires on 10/29/2009
ca_immigrant
05-03 01:39 PM
Thanks, we expect some of the offices will say this. There can be lot of answers to this question. One way to respond is -
"For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
Please always end the call on a cordial note thanking the Staff member.
Great initiative by IV !! Keep it up. I will call today.
One quick point if I may please on ... "I want to start my own company and hire people in America. But I cannot do that if I don't have a green card. "
Wonder if instead of this we should say "Many of us want to start my own company and hire people in America. But I cannot do that if I don't have a green card. "
If everyone says "I want to start my own company...." not sure if that sounds true....neways...guess it is very minor a point ....
Once again !! Great initiative !!
"For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
Please always end the call on a cordial note thanking the Staff member.
Great initiative by IV !! Keep it up. I will call today.
One quick point if I may please on ... "I want to start my own company and hire people in America. But I cannot do that if I don't have a green card. "
Wonder if instead of this we should say "Many of us want to start my own company and hire people in America. But I cannot do that if I don't have a green card. "
If everyone says "I want to start my own company...." not sure if that sounds true....neways...guess it is very minor a point ....
Once again !! Great initiative !!
more...
Jimi_Hendrix
11-19 12:43 PM
I see that most of the people who initially responded to my first post about the southern california state chapters have some recent activity i.e. they have visited this website in the last 2 days after my last posting requesting you to e-mail me about your availability for a conference call today. Not one of you has responded to my request to e-mail me.
I just want to make you all aware that IV core members can do a limited amount of work. They are definitely not superhumans although we expect them to be as such. If we fail in our efforts to secure any retrogression relief we will have only ourselves to blame in such a situation. Besides this is a very ripe time to be active and talk to politicians here in Southern California region. I would like to reschedule the conference call for the coming week/weekend depending on your availability.
In the end our best intentions and best wishes are not going to get us the immigration relief we want. We also cannot blame IV core team if we do not start working and lending them a hand. The choice is clearly ours. I hope that all of us will be more forthcoming and open to spending some time on IV work in the future.
Regards
Amit
I just want to make you all aware that IV core members can do a limited amount of work. They are definitely not superhumans although we expect them to be as such. If we fail in our efforts to secure any retrogression relief we will have only ourselves to blame in such a situation. Besides this is a very ripe time to be active and talk to politicians here in Southern California region. I would like to reschedule the conference call for the coming week/weekend depending on your availability.
In the end our best intentions and best wishes are not going to get us the immigration relief we want. We also cannot blame IV core team if we do not start working and lending them a hand. The choice is clearly ours. I hope that all of us will be more forthcoming and open to spending some time on IV work in the future.
Regards
Amit
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Blessing&Lifeisbeautiful
08-13 04:21 PM
With the current situation, I think it may take 2 to 3 months...
Probable longer for an RFE. Receipt notices are taking 6 weeks+. When do you think EAD will come out. It used to be 60-90 days. With quite a few EADs out in less than 60 days.
Any ideas
Probable longer for an RFE. Receipt notices are taking 6 weeks+. When do you think EAD will come out. It used to be 60-90 days. With quite a few EADs out in less than 60 days.
Any ideas
more...
pappu
09-08 09:07 PM
Dear members,
As we enter the final week of our rally preparation we would like to thank our members that have indicated that they would be coming for the rally. We also want to thank all state chapter and action item leaders for helping us out in this massive effort. This planning, coordination and implementation cannot happen without the help of each and every member. Help has ranged from phone call campaigns, publicity campaigns, media campaigns, lawmaker meetings, banner preparations, Merchandise set up, state chapter activities, Bus initiatives, Transportation and accommodation initiatives, sponsorships, reaching out to law offices and like minded organizations etc to tasks as important as deciding the Dinner menu for the Sept 17 event.
We still have a long way to go in our planning and implementation. IV membership is working hard to make this rally a success. The Sept 17th lobby day work is being implemented at this time and lawmaker office appointments are being sought. Everyone that has indicated their presence for this event will be contacted this week. We are planning a big reception event on September 17, from 6PM to 9PM at the Cannon Building in DC. IV members, lawmakers, staffers, industry leaders and other like minded organizations are expected to attend this event. It will be a great opportunity for IV members to meet these important representatives. There is also going to be a big Press event on Sept 18th that we are planning. There are several initiatives being taken to have a big media push for the rally. The rally is in itself a huge task that requires planning from getting all police permits (which we already have) to transporting rally material, providing registration opportunity for members, getting lawmakers to address the rally to details like stage and sound system.
All this has required IV to invest heavily. We already invest almost all in our lobbying efforts and remaining little in Website maintenance till now and somehow manage to run this organization on shoestring budgets. We need about 30 thousand dollars in the next 8 days to make sure we can meet our needs and also make a big impact via this rally. This rally will most certainly bring our issues to the national center stage and help us get much needed immigration relief.
This post urges everyone to come forward and help us in this short term funding drive. If you have not contributed till now, please consider contributing. If you have got your Receipt notice/FP notice/EAD etc. then do show your admiration for our combined effort via lobbying, San Jose rally and Flower campaign that enabled everyone to file their I485s. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort.
We need help from each and every member reading this post. We will continue to post updates. Please visit IV site regularly.
Thanks
IV team
Sept 13, update.
Here is a small update on this drive. After seeing such great support and commitment from everyone, we have decided to invest in some media publicity effort. You will see a major push in this by Immigrationvoice and we all will be happy to see the kind of awareness and impact it will make on the Rally day. We have a modest budget of 11 thousand dollars for this effort added to the overall need of 30 thousand for the rally effort. Lets reach of this number (30+11= 41K) and even exceed the expectations in the next 4 days.
Sept 14 Update
Some fruits of the contributions members have made towards media and publicity work
http://immigrationvoice.org/forum/showthread.php?t=13395
http://immigrationvoice.org/forum/showthread.php?t=13392
We are able to do it, only because members are supporting it. More will follow until the date of the rally that will make us all proud. Thank you for your support. Pls. keep it up.
As we enter the final week of our rally preparation we would like to thank our members that have indicated that they would be coming for the rally. We also want to thank all state chapter and action item leaders for helping us out in this massive effort. This planning, coordination and implementation cannot happen without the help of each and every member. Help has ranged from phone call campaigns, publicity campaigns, media campaigns, lawmaker meetings, banner preparations, Merchandise set up, state chapter activities, Bus initiatives, Transportation and accommodation initiatives, sponsorships, reaching out to law offices and like minded organizations etc to tasks as important as deciding the Dinner menu for the Sept 17 event.
We still have a long way to go in our planning and implementation. IV membership is working hard to make this rally a success. The Sept 17th lobby day work is being implemented at this time and lawmaker office appointments are being sought. Everyone that has indicated their presence for this event will be contacted this week. We are planning a big reception event on September 17, from 6PM to 9PM at the Cannon Building in DC. IV members, lawmakers, staffers, industry leaders and other like minded organizations are expected to attend this event. It will be a great opportunity for IV members to meet these important representatives. There is also going to be a big Press event on Sept 18th that we are planning. There are several initiatives being taken to have a big media push for the rally. The rally is in itself a huge task that requires planning from getting all police permits (which we already have) to transporting rally material, providing registration opportunity for members, getting lawmakers to address the rally to details like stage and sound system.
All this has required IV to invest heavily. We already invest almost all in our lobbying efforts and remaining little in Website maintenance till now and somehow manage to run this organization on shoestring budgets. We need about 30 thousand dollars in the next 8 days to make sure we can meet our needs and also make a big impact via this rally. This rally will most certainly bring our issues to the national center stage and help us get much needed immigration relief.
This post urges everyone to come forward and help us in this short term funding drive. If you have not contributed till now, please consider contributing. If you have got your Receipt notice/FP notice/EAD etc. then do show your admiration for our combined effort via lobbying, San Jose rally and Flower campaign that enabled everyone to file their I485s. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort.
We need help from each and every member reading this post. We will continue to post updates. Please visit IV site regularly.
Thanks
IV team
Sept 13, update.
Here is a small update on this drive. After seeing such great support and commitment from everyone, we have decided to invest in some media publicity effort. You will see a major push in this by Immigrationvoice and we all will be happy to see the kind of awareness and impact it will make on the Rally day. We have a modest budget of 11 thousand dollars for this effort added to the overall need of 30 thousand for the rally effort. Lets reach of this number (30+11= 41K) and even exceed the expectations in the next 4 days.
Sept 14 Update
Some fruits of the contributions members have made towards media and publicity work
http://immigrationvoice.org/forum/showthread.php?t=13395
http://immigrationvoice.org/forum/showthread.php?t=13392
We are able to do it, only because members are supporting it. More will follow until the date of the rally that will make us all proud. Thank you for your support. Pls. keep it up.
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vparam
09-17 08:57 PM
vparam, thanks a lot for sharing the info.
can you please suggest accountant, if its ok with you, residing any place is fine as we deal most of it through ph, having tough time to find the right one just to aid in the start up and maintain min. proceedings like tax filing etc. without having any activity/revenue
I have used the following accountant for years now, The best part is that he is familiar with Immigration issues or gets it validated from an immigration attorney, who sits in the same building.
Please note I am not soliciting for him but reffering him based on request.
George Demergis
Colitsas Thomas & Associates PA
103 Carnegie Centre Suite 309, Princeton, NJ 08540
Phone - 609 452 0889
gdemergis@TCACPA.com
can you please suggest accountant, if its ok with you, residing any place is fine as we deal most of it through ph, having tough time to find the right one just to aid in the start up and maintain min. proceedings like tax filing etc. without having any activity/revenue
I have used the following accountant for years now, The best part is that he is familiar with Immigration issues or gets it validated from an immigration attorney, who sits in the same building.
Please note I am not soliciting for him but reffering him based on request.
George Demergis
Colitsas Thomas & Associates PA
103 Carnegie Centre Suite 309, Princeton, NJ 08540
Phone - 609 452 0889
gdemergis@TCACPA.com
more...
qplearn
12-18 04:38 PM
While we all sit here discussing Gandhigiri, time is silently slipping by. New congress session is only two weeks away, but guess what � immigration is not even on the agenda���..
CIR has come and gone�.
Elections have come and gone�.
Lame duck has come and gone�.
I guess the season for waiting is still here�.may be for a very long time
so rajaram, what do you suggest? any updates on action in Jan?
CIR has come and gone�.
Elections have come and gone�.
Lame duck has come and gone�.
I guess the season for waiting is still here�.may be for a very long time
so rajaram, what do you suggest? any updates on action in Jan?
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mango_man
06-11 10:02 PM
I mean Hara Aam jada dena bhaiya , pichlee baar kam tha;)
hara aam jaada khaoge to gas ho jayega. waise hi bahut gas hai paadu sucksena ko.
hara aam jaada khaoge to gas ho jayega. waise hi bahut gas hai paadu sucksena ko.
more...
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sroyc
07-11 01:37 PM
In order to avoid visa wastage, there is no �per country limit� during the last quarter, that could be the main reason for this quantum leap in EB2-I PD movement.
The per country limit was not adhered to even in the 3rd quarter. Remember how EB2 India rose like a phoenix from Unavailable to April 2004? Once they determine that there are enough visas for spillover, the per country limits don't exist. The question is how they decide to distribute it among the retrogressed countries.
The per country limit was not adhered to even in the 3rd quarter. Remember how EB2 India rose like a phoenix from Unavailable to April 2004? Once they determine that there are enough visas for spillover, the per country limits don't exist. The question is how they decide to distribute it among the retrogressed countries.
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bigboy007
06-03 01:35 AM
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
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...
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qplearn
12-18 05:33 PM
I do not have updates�I wish I did. Like most people in these forums I am waiting for miracle to happen�.which probably will not happen.
To me it seems like that the members are doing there part, i.e. sending emails, making phone calls etc. But it looks like our numbers are not enough to make a change in the policy.
what kind of a number will really have an impact? 25K?
To me it seems like that the members are doing there part, i.e. sending emails, making phone calls etc. But it looks like our numbers are not enough to make a change in the policy.
what kind of a number will really have an impact? 25K?
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jonty_11
07-06 01:31 PM
Why USCIS suddenly did this press release? Something fishy?
see now this rumor is taking steam.....this would make james WAtt proud...
I think we are onto something here.
see now this rumor is taking steam.....this would make james WAtt proud...
I think we are onto something here.
more...
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pappu
03-12 10:43 AM
IV has started a donor Forum for contributing members.
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If members want to start a thread in the donor forum, please add 'Donor Forum' before the the thread title so that everyone knows it is in the restricted area.
Admins will visit this area more often and answer questions from members. This will also enable more close coordination and communication between committed members. It is sometimes difficult for us to to read every post on the forum or post certain information for public consumption.
Thank you for your continued support
http://immigrationvoice.org/forum/forumdisplay.php?f=109
Our monthly subscription based model will help members get access to this area for that time period. In the coming days we will be consolidating all previous subscribers who are continuing their subscription at present to be added as well. If you are an old continuing subscriber, and do not have access, do send an email to info at immigrationvoice.org with your name, email, amount subscribed every month and your IV ID. We will verify it and add you. If you have given a one time payment this month more than $25, we will be dividing it by $25 and the system will calculate the number of months you are subscribed. If you have the old $20/month subscription, please continue that. We will add you in the Monthly subscribers as well.
If you wish to subscribe, please click on the donate now link, adjacent to the green progress bar above and subscribe.
From now we will post IV updates on the donor forum so that members who contribute get the privilege of getting the information. If the information can be released for public, we will release it on the main forums after a delay. Donor forum will have the first access to the information. All donors will be identified by a 'donor' status in their profiles instead of junior/senior members.
If members want to start a thread in the donor forum, please add 'Donor Forum' before the the thread title so that everyone knows it is in the restricted area.
Admins will visit this area more often and answer questions from members. This will also enable more close coordination and communication between committed members. It is sometimes difficult for us to to read every post on the forum or post certain information for public consumption.
Thank you for your continued support
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hydubadi
03-04 02:13 PM
Hello All,
NSC --> EB2 I Oct 2006 -->485 June 2007 filer --> LUD on mine 03/03/2009 --LUD and RFE on my wifes 03/04/2009 (RFE email from USCIS says: Current Status: Request for Additional Evidence Sent not sure what it evidence they need, recently we have made name change amendment on EAD for my wife, I am assuming it should be related to that, will wait and see till we can hard copy of RFE)
Thanks,
Hope we all get our GC soon!!!
NSC --> EB2 I Oct 2006 -->485 June 2007 filer --> LUD on mine 03/03/2009 --LUD and RFE on my wifes 03/04/2009 (RFE email from USCIS says: Current Status: Request for Additional Evidence Sent not sure what it evidence they need, recently we have made name change amendment on EAD for my wife, I am assuming it should be related to that, will wait and see till we can hard copy of RFE)
Thanks,
Hope we all get our GC soon!!!
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eeezzz
07-11 12:05 PM
I don't think so. Eventhough they make U in september bulletin. They have to move dates in October bulletin because of new visa numbers.
Yes there will be dates in Oct. but will that be 2006 Jan.? That is what karanp25 means.
And answer is it probably will not be. We can look back the bulletin on May and June 2007. Are they match Oct. 2007 bulletin ?
Yes there will be dates in Oct. but will that be 2006 Jan.? That is what karanp25 means.
And answer is it probably will not be. We can look back the bulletin on May and June 2007. Are they match Oct. 2007 bulletin ?
qualified_trash
01-03 04:28 PM
Sure, I dont think there is any one correct answer for this dilemma. Most of us are going to base our decisions on our personal circumstances and hope that they turn out correct in the long run :)
you hit the nail on the head......... :-)
you hit the nail on the head......... :-)
chanduv23
09-16 12:04 PM
Thank you Nagireddi and Nagaraj for those quick shots. It is definitely a good start. Folks, this is a long round, so please step up and fire your shots. While we are still waiting for the Guest lady/gentleman from the West Coast, please take your shots; everyone is welcome.
I will be stepping out for sometime so please be kind enough to bump this thread if it goes off screen.
Trying to bring legislative changes in the most powerful country in the world through grassroots movements is not an easy task and we are moving mountains here.
We appreciate each and every single contribution.
THANKS FOR ALL YOUR SUPPORT AND HELP - YOUR BIGGEST HELP AND SUPPORT IS TO MAKE THIS RALLY A SUCCESS
I will be stepping out for sometime so please be kind enough to bump this thread if it goes off screen.
Trying to bring legislative changes in the most powerful country in the world through grassroots movements is not an easy task and we are moving mountains here.
We appreciate each and every single contribution.
THANKS FOR ALL YOUR SUPPORT AND HELP - YOUR BIGGEST HELP AND SUPPORT IS TO MAKE THIS RALLY A SUCCESS
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