wanna_immigrate
05-06 10:59 AM
Did you check the New I140 approval notice? The priority date on the latest I140 will have your Old PD. I believe its also advised you file an interfiling request.
Thanks for your reply. I still have to find out from the lawyer. All I have heard from him is 140 is approved. Before filing 140 he did say alongwith 140 application he will send a interfile request. I checked my 485 application online there is no change in LUD.
Thanks again.
Thanks for your reply. I still have to find out from the lawyer. All I have heard from him is 140 is approved. Before filing 140 he did say alongwith 140 application he will send a interfile request. I checked my 485 application online there is no change in LUD.
Thanks again.
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vin13
03-04 04:45 PM
Both my wife and I got RFEs in October for medical test and now the status shows "Case Resumed".
How do you find out if your case is Pre-Adjudicated?
How do you find out if your case is Pre-Adjudicated?
sri1309
03-13 01:28 PM
While we work in different directions for the same goal, please write to Zoe and others that we can help reduce the housing crisis, create jobs.
Please find addresses at the bottom who to send.
Sub: Legal immigrants Quota Problem: Employment based EB2, EB3
Dear XXXX,
This is to once again thank you for your continuous efforts in making things move in the legal immigration front.
We would request you to bring HR 5882 to the table and hence help people waiting for so long get immediate relief. We think this is the best time to do it as there are so many waiting in long queues for so long and are unable to buy houses though they are at rock bottom prices now, or change companies as some of us would also like to, and start new companies and jobs. There are very much needed in this time of economic crisis. Applicants in EB3 and EB2 Employment based greencard category are severly backlogged.
The problem is mainly due to country based quotas and wastage of many greencards due to administrative delays over the years, as you know. This can easily be fixed with a simple administrative action and need not need to be done as part of the bigger comprehensive immigration bill. We too need a change.
Below are some statistics and details of the problem, just in case you missed a point.
1. High technology H1-B visas allowed into US = 85,000 H1B per year.
2. H1B quota limit per country = None, quota limits.
3. Greencard eligible candidates = All H1B holders
4. Total Employment Greencards = 145,000 per year.
5. Quota limits for greencards = 7% per country and each family member is counted as 1 visa.
6. H1 holders from India = 30,000 to 40,000 per year.
7. Greencards available for India by quota limits = 2000 � 3000 per year.
8. People waiting in Queues = 37,000 � 38,000 per year.
9. Estimated wait = 10- 15 years per life.
10. Estimated loss of productivity = unlimited.
11. Loss of health and health related issues due to these worries = incalculable.
Consequences:
1. EB3 Employment based category from India is severely backlogged,
2. Number of applicants in Queues waiting to buy house = 300,000
3. Number of applicants in Queues buying a house now = 0.
4. Money spent by applicants on rent per year = $6 billion
5. Number of applicants having Citizen children born in US = 80%
6. Number of applicants unable to start own companies(as they are tied to employer all the time due to greencard sponsorship)
= 30-40%
7. Applicants disappointed and leaving US = 10-15%
8. Applicants planning to come back after retirement who take with them US Citizens who will sponsor them = everybody who is leaving US right now with Citizen kids
9. Burden on social security and healthcare by applicants in point 7 = billions of dollars.
10. Severe pain for everyone wasting time on worries and uncertainity.
11. Many people thinking of returning back, very disappointed.
Solution
Please provide immediate relief. We are still holding our bags in hands even after 5-10 years of playing it by law after applying for greencards. Please respect liberty and freedom and let that happen to legal applicants.
1. Please remove country quotas for greencards immediately to make waiting less for legal employer based EB2/EB3 applicants from India in long queues ALREADY in US for years.
2. This needs No new jobs or Visas. It�s just a simple fix to help bring joy to some legal immigrants and give them freedom to contribute more.
3. Please provide greencards for any legal employment based applicant who lived in US for atleast 5 years and is waiting for more than 5 years and paid taxes and live like a good American Citizen.
4. Please provide Citizenship for anyone who lived in US for 10 years and played by the rules all the time and paid taxes.
5. This will help people buy houses that are so cheap now which will pump in $40 billion even if 50% people buy houses.
6. Construction jobs increase as people start buying houses.
7. Manufacturing and auto industry improves as people start buying cars again due to renewed confidence. Else they continue to adjust with their old cars for now.
8. A fee of $1000-$3000 can be applied for premium processing which can generate $1.5 billion instantly.
9. Stop the distribution of 50000 diversity greencards lottery per year immediately. This is bad in the current times, when people are waiting in legal queues for ever.
10. Issue greencards immediately to anyone who did PhD in US and to Masters Students.. They will be more productive if you help here.
11. Please don�t wait for CIR to have these. This is a small admin fix, no new visas or jobs.
Please let us feel respected for playing by the rules. It will come back to the American people in full gratitude in the form of jobs and renewed vigor.
WE TOO NEED A CHANGE NOW.
A positive action in this regard will be very highly appreciated.
God Bless America!
Thank you very much for your kind attention,
XXXXX,
Category : Employment based EB3 greencard category from India.
Priority Date : xx/xx/xxxx
To President its on change.gov site under Agenda-->Immigration.
Zoe' Lofgren's addresses are:
Priority Date : xx/xx/xxxx
District Office
635 North 1st Street, Suite B
San Jose, CA 95112
Telephone (408) 271-8700
Washington, D.C. Office
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
Please find addresses at the bottom who to send.
Sub: Legal immigrants Quota Problem: Employment based EB2, EB3
Dear XXXX,
This is to once again thank you for your continuous efforts in making things move in the legal immigration front.
We would request you to bring HR 5882 to the table and hence help people waiting for so long get immediate relief. We think this is the best time to do it as there are so many waiting in long queues for so long and are unable to buy houses though they are at rock bottom prices now, or change companies as some of us would also like to, and start new companies and jobs. There are very much needed in this time of economic crisis. Applicants in EB3 and EB2 Employment based greencard category are severly backlogged.
The problem is mainly due to country based quotas and wastage of many greencards due to administrative delays over the years, as you know. This can easily be fixed with a simple administrative action and need not need to be done as part of the bigger comprehensive immigration bill. We too need a change.
Below are some statistics and details of the problem, just in case you missed a point.
1. High technology H1-B visas allowed into US = 85,000 H1B per year.
2. H1B quota limit per country = None, quota limits.
3. Greencard eligible candidates = All H1B holders
4. Total Employment Greencards = 145,000 per year.
5. Quota limits for greencards = 7% per country and each family member is counted as 1 visa.
6. H1 holders from India = 30,000 to 40,000 per year.
7. Greencards available for India by quota limits = 2000 � 3000 per year.
8. People waiting in Queues = 37,000 � 38,000 per year.
9. Estimated wait = 10- 15 years per life.
10. Estimated loss of productivity = unlimited.
11. Loss of health and health related issues due to these worries = incalculable.
Consequences:
1. EB3 Employment based category from India is severely backlogged,
2. Number of applicants in Queues waiting to buy house = 300,000
3. Number of applicants in Queues buying a house now = 0.
4. Money spent by applicants on rent per year = $6 billion
5. Number of applicants having Citizen children born in US = 80%
6. Number of applicants unable to start own companies(as they are tied to employer all the time due to greencard sponsorship)
= 30-40%
7. Applicants disappointed and leaving US = 10-15%
8. Applicants planning to come back after retirement who take with them US Citizens who will sponsor them = everybody who is leaving US right now with Citizen kids
9. Burden on social security and healthcare by applicants in point 7 = billions of dollars.
10. Severe pain for everyone wasting time on worries and uncertainity.
11. Many people thinking of returning back, very disappointed.
Solution
Please provide immediate relief. We are still holding our bags in hands even after 5-10 years of playing it by law after applying for greencards. Please respect liberty and freedom and let that happen to legal applicants.
1. Please remove country quotas for greencards immediately to make waiting less for legal employer based EB2/EB3 applicants from India in long queues ALREADY in US for years.
2. This needs No new jobs or Visas. It�s just a simple fix to help bring joy to some legal immigrants and give them freedom to contribute more.
3. Please provide greencards for any legal employment based applicant who lived in US for atleast 5 years and is waiting for more than 5 years and paid taxes and live like a good American Citizen.
4. Please provide Citizenship for anyone who lived in US for 10 years and played by the rules all the time and paid taxes.
5. This will help people buy houses that are so cheap now which will pump in $40 billion even if 50% people buy houses.
6. Construction jobs increase as people start buying houses.
7. Manufacturing and auto industry improves as people start buying cars again due to renewed confidence. Else they continue to adjust with their old cars for now.
8. A fee of $1000-$3000 can be applied for premium processing which can generate $1.5 billion instantly.
9. Stop the distribution of 50000 diversity greencards lottery per year immediately. This is bad in the current times, when people are waiting in legal queues for ever.
10. Issue greencards immediately to anyone who did PhD in US and to Masters Students.. They will be more productive if you help here.
11. Please don�t wait for CIR to have these. This is a small admin fix, no new visas or jobs.
Please let us feel respected for playing by the rules. It will come back to the American people in full gratitude in the form of jobs and renewed vigor.
WE TOO NEED A CHANGE NOW.
A positive action in this regard will be very highly appreciated.
God Bless America!
Thank you very much for your kind attention,
XXXXX,
Category : Employment based EB3 greencard category from India.
Priority Date : xx/xx/xxxx
To President its on change.gov site under Agenda-->Immigration.
Zoe' Lofgren's addresses are:
Priority Date : xx/xx/xxxx
District Office
635 North 1st Street, Suite B
San Jose, CA 95112
Telephone (408) 271-8700
Washington, D.C. Office
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
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Libra
07-15 09:50 PM
I dont know how much my 25 dollars help IV cause, but i want to see eb3_nepa's HIGH FIVE campaign a big success.
USBank billpay, 7YG7S-6Q5RV.
USBank billpay, 7YG7S-6Q5RV.
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yabadaba
08-02 09:28 PM
Immigration - Are we there yet?
All of us have been stuck at the DMV for hours together, trying to renew our licenses, trying to change our address or for getting married and updating our last name. Now imagine being stuck there for years together, waiting and hoping the line moves forward. This is what constitutes "being in line" for an immigration petition today. The end result is the same. You get a plastic card of limited validity, you are fingerprinted and you have your picture displayed. Only this is what is called a "green card."
For all the restrictionists out there who think immigrants are taking their jobs, stealing their women and running off with their TVs, we are just like you. Today, I own a home, am part of my homeowners association, participate in the summer block party and try to ensure that my job is not off-shored. We don’t have horns on our heads that makes us stand out from the rest of you. I don’t get paid less nor has a single American lost his job since I was hired. In fact we have grown from a department of 5 people to almost 20,with me being the only immigrant. There are thousands of people like me who have played by the rules, have come here legally and now are being subjected to the quagmire of antiquated immigration policies that make us rethink the American dream. Do you, my neighbor, want us here?
Today I received a letter from my congressman in response to a webfax asking him to support legislation for granting relief to people affected by retrogression. Retrogression for the uninitiated is the freeze on immigrant visa numbers because of an outdated immigration system. Mind you, for all the people who jump up and say "no to h1-b," this is nothing to do with a worker visa. I have already been certified by the Department of Labor and the United States Citizenship and Immigration Service, as an "alien with advanced degree or exceptional ability." This webfax only asked for his support for legislation that would allow the immigration policies to be updated to today's requirements.
However, my Congressman does not understand that nuance. The letter I received from him talked about my support for H1B/L1 worker visas, which I had not mentioned in my webfax. If our lawmakers do not understand the difference, how do we make our American neighbors understand this complex issue.
Immigration is a complex issue. It cannot be dealt with Lou Dobbs blaming the immigrants for all the middle class woes; it cannot be dealt with congressmen screaming no amnesty. It is a complex issue of thousands of laws, forms, advertisements and petitions. If it were not a complex issue then there would be no such thing as an immigration lawyer. Countries like Canada and Australia do not require immigration lawyers and the process is straightforward. So then naturally the question comes back of why am I still here. The reason for that is I still believe in the spirit of America. I believe in the American dream. I believe that things will work out. I believe that sanity will prevail. I believe that although I missed the boat half a century ago, I am here now and I am welcome.
Yabadaba
IV member.
All of us have been stuck at the DMV for hours together, trying to renew our licenses, trying to change our address or for getting married and updating our last name. Now imagine being stuck there for years together, waiting and hoping the line moves forward. This is what constitutes "being in line" for an immigration petition today. The end result is the same. You get a plastic card of limited validity, you are fingerprinted and you have your picture displayed. Only this is what is called a "green card."
For all the restrictionists out there who think immigrants are taking their jobs, stealing their women and running off with their TVs, we are just like you. Today, I own a home, am part of my homeowners association, participate in the summer block party and try to ensure that my job is not off-shored. We don’t have horns on our heads that makes us stand out from the rest of you. I don’t get paid less nor has a single American lost his job since I was hired. In fact we have grown from a department of 5 people to almost 20,with me being the only immigrant. There are thousands of people like me who have played by the rules, have come here legally and now are being subjected to the quagmire of antiquated immigration policies that make us rethink the American dream. Do you, my neighbor, want us here?
Today I received a letter from my congressman in response to a webfax asking him to support legislation for granting relief to people affected by retrogression. Retrogression for the uninitiated is the freeze on immigrant visa numbers because of an outdated immigration system. Mind you, for all the people who jump up and say "no to h1-b," this is nothing to do with a worker visa. I have already been certified by the Department of Labor and the United States Citizenship and Immigration Service, as an "alien with advanced degree or exceptional ability." This webfax only asked for his support for legislation that would allow the immigration policies to be updated to today's requirements.
However, my Congressman does not understand that nuance. The letter I received from him talked about my support for H1B/L1 worker visas, which I had not mentioned in my webfax. If our lawmakers do not understand the difference, how do we make our American neighbors understand this complex issue.
Immigration is a complex issue. It cannot be dealt with Lou Dobbs blaming the immigrants for all the middle class woes; it cannot be dealt with congressmen screaming no amnesty. It is a complex issue of thousands of laws, forms, advertisements and petitions. If it were not a complex issue then there would be no such thing as an immigration lawyer. Countries like Canada and Australia do not require immigration lawyers and the process is straightforward. So then naturally the question comes back of why am I still here. The reason for that is I still believe in the spirit of America. I believe in the American dream. I believe that things will work out. I believe that sanity will prevail. I believe that although I missed the boat half a century ago, I am here now and I am welcome.
Yabadaba
IV member.
yoda
09-13 08:30 AM
Sent emails to the largest newspapers in NH:
Union Leader
Nashua Telegraph
Radio Station:
NHPR (NH Public Radio)
Union Leader
Nashua Telegraph
Radio Station:
NHPR (NH Public Radio)
more...
belmontboy
02-08 07:40 PM
you need to stop getting answers from others and solve this problem amicably with you wife. There is nothing better than a one-one discussion with her.
Marrying is like buying a company, you have a moral obligation to account for any liabilities she may have.
Understand, she may have been the sole income earner in India for her parents. It doesnot hurt for you to send say 200-300 dollars every month. 700 dollars every month from your check is not that big deal (350 for each family). Don't make it a long term solution.
You have filed 485, what stops your wife from getting a job here?? Does she want to stay at home, watch TV and enjoy life? if she thinks that way, let her know, if she wants to send money to her parents long term, she needs to get out of house, find a job
Your wife should also have the heart to not burden you with financial requests. If she can get a job here, she should. If she earns money, its her's and its upto her how she spends that. If you can afford to tell her that, do it.
These are somethings that you folks should have thought by now and discussed. If not, then you know now
Marrying is like buying a company, you have a moral obligation to account for any liabilities she may have.
Understand, she may have been the sole income earner in India for her parents. It doesnot hurt for you to send say 200-300 dollars every month. 700 dollars every month from your check is not that big deal (350 for each family). Don't make it a long term solution.
You have filed 485, what stops your wife from getting a job here?? Does she want to stay at home, watch TV and enjoy life? if she thinks that way, let her know, if she wants to send money to her parents long term, she needs to get out of house, find a job
Your wife should also have the heart to not burden you with financial requests. If she can get a job here, she should. If she earns money, its her's and its upto her how she spends that. If you can afford to tell her that, do it.
These are somethings that you folks should have thought by now and discussed. If not, then you know now
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stldude
08-07 01:08 PM
What's the source of of this information... Is this u'r guess or from any other source ???
July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.
July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.
more...
anilsal
03-06 08:43 AM
Me and my wife's 485s had LUDS on 2/18, 2/19 and 2/20. But no status change, and we know for sure we should be getting atleast one RFE. When we applied in July 07 we could not include my Wife's medical/vaccination reports with the application, but no RFE for that yet.
Usually an RFE or FP notice should arrive within 4-8 days after generation. There is no guarantee that the LUD change means anything until you see the notice in your hand.
Usually an RFE or FP notice should arrive within 4-8 days after generation. There is no guarantee that the LUD change means anything until you see the notice in your hand.
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ramus
07-06 12:58 PM
I think I am missing something.. Can anybody explain what they did today.. I am still trying to find out difference .
Thanks.
What the USCIS has done today is what they call "Locking the stables AFTER the horse has bolted" ;)
What a bunch of idiots, i swear this is WORSE than ANY of our home countries. Like I told my friend yesterday, atleast if the USCIS call center was based in India, the answers would have been consistent. They may have all been Wrong, but atleast they would be consistent.
Thanks.
What the USCIS has done today is what they call "Locking the stables AFTER the horse has bolted" ;)
What a bunch of idiots, i swear this is WORSE than ANY of our home countries. Like I told my friend yesterday, atleast if the USCIS call center was based in India, the answers would have been consistent. They may have all been Wrong, but atleast they would be consistent.
more...
snathan
05-23 09:15 AM
If you have made a contribution and posted on this thread or on the thread we had before your name should be on the list. We do not have an automatic way of updating this list once someone had made a contribution through paypal at this time. Every night I go through this thread, update numbers and names. I could have made a manual error and missed some names but once people have brought that to my attention I have been double checking and responding back to them. I know I am behind on verifying one or two contributions but I will catch up. I work long hours,take classes and I live 80 miles away from where I work. I wish I had more than 24 hours in my day. If you could help us with maintaining an accurate list that would be awesome.
Hope I answered your query :)
Actually I paid $100 and not $50. It was two $50 on the same day.
Hope I answered your query :)
Actually I paid $100 and not $50. It was two $50 on the same day.
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eastindia
03-06 09:38 PM
Not a single person on this thread criticizing will ever go back however much painful the greencard wait is. This is a ugly truth.
Life in USA is far better than India and will always be until India controls its population, curroption and poverty.
Life in USA is far better than India and will always be until India controls its population, curroption and poverty.
more...
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saikatmandal
09-11 04:55 PM
Saw the Oct Visa Bulletin ....
Future of EB3 applicants look very bleak ...
I cannot make it to the DC Rally but my small token contribution to this effect.
I wish this rally a grand success !
EB3
PD June 2003
I-140 Approved
I-485, EAD, AP - Applied Aug 7, 2007
Future of EB3 applicants look very bleak ...
I cannot make it to the DC Rally but my small token contribution to this effect.
I wish this rally a grand success !
EB3
PD June 2003
I-140 Approved
I-485, EAD, AP - Applied Aug 7, 2007
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globaldesi
04-18 10:54 AM
Just got my 140 approved...no confirmation from the employer yet but received email from CRIS saying they mailed the approval on April 15. Looks like the published processing times are being adhered to.
more...
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aristotle
07-21 03:33 AM
I agree with you the perfect solution is to remove the country cap, but we dont live in a perfect world. What I am saying is that all 4 items "together" should be a minimum. I agree if the country cap is increased to 10% with everything else being the same, it makes NO difference.
In general, anything "unlimited" (read cap exempt) seems to be a NO-NO with the conservatives.
are u kidding? raise country cap to 10%!!!!!!!!!
only solution is get rid of the country cap. Before anybody from ROW goes into a lecture about "diversity" blah blah blah please think with a rational mind. Getting rid of country quota is the only solution. things like increasing it to 10% etc will only reduce the backlog time for Indian applicants from 25 years to maybe 18 years.
In general, anything "unlimited" (read cap exempt) seems to be a NO-NO with the conservatives.
are u kidding? raise country cap to 10%!!!!!!!!!
only solution is get rid of the country cap. Before anybody from ROW goes into a lecture about "diversity" blah blah blah please think with a rational mind. Getting rid of country quota is the only solution. things like increasing it to 10% etc will only reduce the backlog time for Indian applicants from 25 years to maybe 18 years.
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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 :
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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 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.
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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.
more...
makeup Here#39;s an example of sheer
smarteey
12-28 01:59 PM
Hi Jimmi,
Count me in as well. I live in Irvine.... Great effort.... Lets get this rolling...
Regards,
Smarteey
Count me in as well. I live in Irvine.... Great effort.... Lets get this rolling...
Regards,
Smarteey
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rimco99
07-20 09:39 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!
Indian community gave 2 million dollars in fund raising to her this month and she forgets all that. Don't contribute a dime to narrow minded people like these. It is like a slap in the face for the community
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!
Indian community gave 2 million dollars in fund raising to her this month and she forgets all that. Don't contribute a dime to narrow minded people like these. It is like a slap in the face for the community
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niva
09-10 03:10 PM
My second $100 contribution towards the cause. IV! Keep up the great work.
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swamy
03-13 11:36 AM
i've been contributing for abt a year now so shldn't i be a senior donor?jk - im guessing its bcos of email-id confusion that im a mere sr member -when we started the michigan forum our leader suggested i get an yahoo id for the groups & then he himself subscribed with a gmail making me look stupid - anyway...not in michigan anymore so its ok
seahawks
07-23 11:46 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
mine too PD March 21 2003.... phew.. got stuck in BEC and then retrogression.. long wait.. and now 485 filed with long wait for EAD:)may be But hey, life is always that way, who knows what is next:)
anyway cheers -- go partying
mine too PD March 21 2003.... phew.. got stuck in BEC and then retrogression.. long wait.. and now 485 filed with long wait for EAD:)may be But hey, life is always that way, who knows what is next:)
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