johnnybhai
07-14 01:03 PM
Done!
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gctest
09-13 09:56 PM
are bhagwan... kash maine substitue labor use kiya hota....
I would have been approved by then...
Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.
Delete this moron's login.. I bet he has a substitute eb2 labor himself - talk about morality
- $ 50 monthly to IV since June 2006
I would have been approved by then...
Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.
Delete this moron's login.. I bet he has a substitute eb2 labor himself - talk about morality
- $ 50 monthly to IV since June 2006
Macaca
10-01 04:44 PM
Canot DOL/ UCIS make a judgement based on their own ?
You don't want USCIS to make any judgement. Here is an example of their judgement.
USCIS said that 140K EB #s were used on July 2. However, we are hearing that they did not use up the numbers on Sep 30.
You don't want USCIS to make any judgement. Here is an example of their judgement.
USCIS said that 140K EB #s were used on July 2. However, we are hearing that they did not use up the numbers on Sep 30.
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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";
================================================== =====
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.
more...
akhilmahajan
07-15 05:14 PM
Total So far 1515.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.
COME ON FOLKS HELP IV HELP YOURSELF.
COME ON FOLKS HELP IV HELP YOURSELF.
pappu
02-01 11:59 PM
could someone take the initiative of organizing conference calls.
more...
vkallank
07-18 10:23 PM
Amit, i have sent you a PM. :)
Thanks a bunch for all of you who contributed today, I read each and every post and felt very content that atleast there are people who feel the same way like I feel. IV is the only org that stands for us. It is time to strengthen it, Most of you have no idea how much money is really needed for lobbying, and how far it can take us if each of us contributed a little every month.
Minimum $50/month.
Thanks a bunch for all of you who contributed today, I read each and every post and felt very content that atleast there are people who feel the same way like I feel. IV is the only org that stands for us. It is time to strengthen it, Most of you have no idea how much money is really needed for lobbying, and how far it can take us if each of us contributed a little every month.
Minimum $50/month.
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ashutrip
06-18 12:57 PM
I emailed them not as me but as my employer( point of contact mentioned in the labor petition) and it works they send me a copy of the labor approval to my house along with a copy to my employer and one to my attroney. It really works.
what is your pd?
what is your pd?
more...
sfcwtu
10-05 08:49 AM
I am pessimistic about it too. It won't attract congress's attention until news breaking out that, patients are dying due to lack of nurses.
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paskal
07-11 12:16 PM
is there any way, any way in this whole freakin process, that we can get some sort of explanation for eb3-I first hand from DOS or USCIS? i mean there needs to be some justification for the acts? i know there are laws to interpret these dates, but how do we know that those laws are interpreted correctly by DOS or USCIS? though i am in eb3-I , jan 2003, i personally know atleast 3 folks who are in 2002 - eb3-I. Can we get some sort of guidance here.
i will ask the iv folks who keep in touch with USCIS if they know anything. AFAIK though, USCIS has come out with no answers other than quoting the non availability of adequate visa numbers. if there is any more info i will let you know...
i will ask the iv folks who keep in touch with USCIS if they know anything. AFAIK though, USCIS has come out with no answers other than quoting the non availability of adequate visa numbers. if there is any more info i will let you know...
more...
syendu1
01-07 01:16 PM
I am on EAD and no H1B. I am looking for a house to buy. But wonder sometimes if I should wait till GC.
I have pending 485, used Bank of America for my home loan. No problems whatsoever. And, I know loads of people who have bought homes while on H1B or pending 140/485. I believe 2009-2011 will probably be the best time to buy a home. If you can afford it and if you have job security, then you must buy one (rent it if you dont want to live). The aprs available currently is unbelievable (of course, good credit history and the amount you put down will decide mainly).
I have pending 485, used Bank of America for my home loan. No problems whatsoever. And, I know loads of people who have bought homes while on H1B or pending 140/485. I believe 2009-2011 will probably be the best time to buy a home. If you can afford it and if you have job security, then you must buy one (rent it if you dont want to live). The aprs available currently is unbelievable (of course, good credit history and the amount you put down will decide mainly).
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pappu
09-09 09:01 PM
Pappu,
I work at NPR and joined recently. I am going to work with my manager next week and convince them to get coverage for our rally.
That will be wonderful. Thanks
I work at NPR and joined recently. I am going to work with my manager next week and convince them to get coverage for our rally.
That will be wonderful. Thanks
more...
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ragz4u
03-09 08:34 AM
They are debating whether the current 2000 border troops should be increased to 2400
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punjabi
08-13 04:42 PM
Those who have contributed in terms of money and time, please add the contribution to your signature. (this helps in motivating others to do the same)
Also, no need to harass those who haven 't contributed yet. Calling them "free-riders" might discourage them to contribute, even if they want to.
Let's respect everybody who is on IV.
...the question is - where do you fall.
Also, no need to harass those who haven 't contributed yet. Calling them "free-riders" might discourage them to contribute, even if they want to.
Let's respect everybody who is on IV.
...the question is - where do you fall.
more...
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sayantan76
01-05 11:21 PM
Ok then, why did you come to America to study at Duke? Why did you spend all this money? The reason our people invest crores of rupees in American education is that it is better.
You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?
I dont think anyone is arguing that american schools are not good enough.......they certainly are - specially with the kind of tuition fees people pay to get into these schools. Besides - people coming here for education does not necessarily mean its better - lot of people come here for the international exposure - lot of good students from around the world do indeed congregate here for education - combination of good schools, openness, english as common language....all these have contributed to the historical greatness of america - does not make your motherland any worse!
Look at quotas as a way to bring in factors other than just your score in a standardized examination.......in India that factor might be caste - here it might be affirmative action in favor of some sections of society and other subjective factors like essays, letters recommendation, the fact that you were a cheerleader in high school etc.....look, i am not saying quotas is a great system - but all i am saying is that there are shortcomings in selection systems in schools around the world not just India.
You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?
I dont think anyone is arguing that american schools are not good enough.......they certainly are - specially with the kind of tuition fees people pay to get into these schools. Besides - people coming here for education does not necessarily mean its better - lot of people come here for the international exposure - lot of good students from around the world do indeed congregate here for education - combination of good schools, openness, english as common language....all these have contributed to the historical greatness of america - does not make your motherland any worse!
Look at quotas as a way to bring in factors other than just your score in a standardized examination.......in India that factor might be caste - here it might be affirmative action in favor of some sections of society and other subjective factors like essays, letters recommendation, the fact that you were a cheerleader in high school etc.....look, i am not saying quotas is a great system - but all i am saying is that there are shortcomings in selection systems in schools around the world not just India.
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BharatPremi
07-06 01:57 PM
This is too confusing, it looks like USCIS is going crazy.
No This is a height of Cruelity from USCIS. They must have interpreted lot of phone calls and inquiries as "people might not have understood the revision" as they are not from "English Speaking" countries so change it and put "Flip" and "Flop" together as somebody mentioned ahead. But if people might not have understood "Flip" and "Flop" then how can they understand "Flip-Flop"?:)
No This is a height of Cruelity from USCIS. They must have interpreted lot of phone calls and inquiries as "people might not have understood the revision" as they are not from "English Speaking" countries so change it and put "Flip" and "Flop" together as somebody mentioned ahead. But if people might not have understood "Flip" and "Flop" then how can they understand "Flip-Flop"?:)
more...
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Green.Tech
06-17 03:48 PM
Wandmaker and Green.Tech - Thankyou for your leadership towards this funding drive
Thank you santb1975!
Thank you to all who have contributed...and to those who will contribute in the future!
Still waiting for 10 generous souls to come forward and help IV realize its first $20k enroute to $50k.
It's now or now!
Thank you santb1975!
Thank you to all who have contributed...and to those who will contribute in the future!
Still waiting for 10 generous souls to come forward and help IV realize its first $20k enroute to $50k.
It's now or now!
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ags123
03-02 01:47 PM
Finally 7 more days to go :)
One more consistent fact for the last few bulletins is that it is published on the dot on the monday after the first week.
In this case March 9th.
Also another interesting titbit I found was VB moves only by dates
1st
8th
15th and
22nd
When the VB is 1st Feb 05 it covers dates 1st to 7th , when it is 8th 8th to 14th and so on.
One more consistent fact for the last few bulletins is that it is published on the dot on the monday after the first week.
In this case March 9th.
Also another interesting titbit I found was VB moves only by dates
1st
8th
15th and
22nd
When the VB is 1st Feb 05 it covers dates 1st to 7th , when it is 8th 8th to 14th and so on.
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makemygc
09-10 02:34 PM
Manish,
Rally is not this tuesday but next tuesday. Will that help you to come?
Thanks
MakeMyGC
Though small, I made my contribution ($100 via Google).
I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.
Good luck,
Manish Jain.
Rally is not this tuesday but next tuesday. Will that help you to come?
Thanks
MakeMyGC
Though small, I made my contribution ($100 via Google).
I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.
Good luck,
Manish Jain.
gcwonder
10-24 12:12 PM
mailed the letters
bharani
09-10 09:48 AM
I am in EB2 with a US Master's degree. My priority date is April 2006 and my case is not approved. Many of friends same boat as me are not approved.
So "reddymjm" I don't think all US Master's degree in EB2 are approved.
So "reddymjm" I don't think all US Master's degree in EB2 are approved.
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