nixstor
03-31 08:52 PM
How insane am I? How insane are u? If it was not the USCIS, u wudn't have put ur foot into this country using ur H1B visa. U r in a foreign land and u want things happen like at the snap of ur finger? U think immigration is the only issue US has. U donno nothing about other issues the Govt is facing. If u dont like the administration...just get out. How in the world can a foreigner think about changing USCIS management process? What rights do u have? U cant even vote and u want to change the management process of a Govt body. U think u r a citizen and have all the rights. Kudos to the US Govt for making us feel at home and letting us talk like this. IV can fight upto some extent by the kind of campaigns they are hosting. But its USCIS' prerogative what they want to do. In the first place IV is fighting for Employment Based GCs. The fight which should actually be fought by Employers and above all ppl like u have the audacity to talk about the irregular management in USCIS and even going to the extent of changing it. And they took the shortest and safest way out? U think they wudn't have gotten away by NOT letting u have ur EAD now? U must be from India where there is lot of corruption. How wud u feel if US citizens came to India and propose a change in the Government. US citizens who are immigrants in India - Did u even think about it? U dont even know how to think properly. I will still say...SHAME ON U.
Are you saying that USCIS bestowed up on every EB based immigrant with H1B visas and did all of us a huge favor? The simple point is there is a need and all of us happened to be the applicants. If there was never a need, none of us would have been here, irrespective of how many applications came in. People immigrate to US because there is more predictability and accountability in all walks of life when compared to other countries. Lately that has been changing for what ever reasons in the US, while other countries are emulating US's past success formula. There is a difference between in thought process of "deserve it" or "will take what ever I am given". Its not the US government that is letting any one talk. The underpinning principles of this country that make people talk. I think people on the forum are asking for some predictability and accountability after years of mishaps. If you feel that you have no rights what so ever thats fine. It appears a bit premature to say and "We have NO RIGHTS WHATSOEVER to ask for ".
Are you saying that USCIS bestowed up on every EB based immigrant with H1B visas and did all of us a huge favor? The simple point is there is a need and all of us happened to be the applicants. If there was never a need, none of us would have been here, irrespective of how many applications came in. People immigrate to US because there is more predictability and accountability in all walks of life when compared to other countries. Lately that has been changing for what ever reasons in the US, while other countries are emulating US's past success formula. There is a difference between in thought process of "deserve it" or "will take what ever I am given". Its not the US government that is letting any one talk. The underpinning principles of this country that make people talk. I think people on the forum are asking for some predictability and accountability after years of mishaps. If you feel that you have no rights what so ever thats fine. It appears a bit premature to say and "We have NO RIGHTS WHATSOEVER to ask for ".
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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.
de2002
02-27 12:09 PM
Dreams are always dreams,no reality!!!. As like our fellow member says,if there is any visibility of visa date movement,I would be happy/////
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skv
06-20 10:03 AM
Any trend of backlogs getting cleared?
My employer is a big wall street investment bank, and they have filed my PERM on May 14th.
The trend for PERM certification at Atlanta, as per my employer is between 90-120 days. Because they handled so many PERM cases at Atlanta, they know this trend.
Nothing muck we can do here. Just pray and hope for the best.
My employer is a big wall street investment bank, and they have filed my PERM on May 14th.
The trend for PERM certification at Atlanta, as per my employer is between 90-120 days. Because they handled so many PERM cases at Atlanta, they know this trend.
Nothing muck we can do here. Just pray and hope for the best.
more...
YesGC_NoGC
02-12 12:11 PM
PD Dec 2004 from DBEC
Libra
09-10 04:46 PM
thanks for contribution.
contribute $100 - Google Order #466330497623100
contribute $100 - Google Order #466330497623100
more...
Dhundhun
09-10 02:09 PM
EB2-I PD announcement, which is a black hole coincided with CERN Big Bang Machine. After watching History Channel (they explained details, how this CERN Colloider can create dark matters and black hole) in mid night, PD announcment turned morning bad.
USCIS is as chaotic as Big Bang and its announcements hits like Black Hole.
It was so bad news, that I could not see any further, what is happening to others.
USCIS is as chaotic as Big Bang and its announcements hits like Black Hole.
It was so bad news, that I could not see any further, what is happening to others.
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apb
09-12 05:18 PM
Bumping
more...
ksrk
09-10 05:57 PM
Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
Hi Sachug22,
I think the calculation is made this way...
Total EB2 numbers = 28.6% of total number = 40040 (for all countries)
Available each quarter = 10010
However, per country allocation can't exceed 7% (of total number allowed per quarter, not of the 28.6%) - limits to 2450 <-- each for India and China.
Applying 7% of 28.6% of one quarter of 140000 (as you did) is severely restrictive (not that 2450 is a great number per quarter for the first and second quaters of the fiscal year).
Either way, your point might still hold that there are enough folks waiting (with PD prior to April '03) to account for these in October '08.
[In the hope that some analysis like this might release the pressure set upon by the latest announcement...]
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
Hi Sachug22,
I think the calculation is made this way...
Total EB2 numbers = 28.6% of total number = 40040 (for all countries)
Available each quarter = 10010
However, per country allocation can't exceed 7% (of total number allowed per quarter, not of the 28.6%) - limits to 2450 <-- each for India and China.
Applying 7% of 28.6% of one quarter of 140000 (as you did) is severely restrictive (not that 2450 is a great number per quarter for the first and second quaters of the fiscal year).
Either way, your point might still hold that there are enough folks waiting (with PD prior to April '03) to account for these in October '08.
[In the hope that some analysis like this might release the pressure set upon by the latest announcement...]
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mps
03-04 01:22 PM
Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
Hi gcisa*:
I have not seen any LUDs on my case either.
Status is same as yours.
That shouldn't be a big deal, as I have seen some approvals with no LUDs at all.
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
Hi gcisa*:
I have not seen any LUDs on my case either.
Status is same as yours.
That shouldn't be a big deal, as I have seen some approvals with no LUDs at all.
more...
sertasheep
08-03 09:49 PM
Angel,
You can write to me at 'sertasheep AT immigrationvoice DOT org' or poll any of the techie members here on how to create a blog. The suggestions would be to create a blog on blogger.com with a google account, as several of the other blogs (iv-tristate, iv-physicians, etc.,) are all on blogger.com.
Please keep your profile updated so that we may contact you. We are glad to welcome Schedule A professionals into the IV community.
Please support "paskal"(physician) in his efforts as he will be able to liaise with policy makers and influencers in the healthcare segment. iv-physicians.blogspot.com is one such effort- don't let the name dissuade you. As long as there are people who are willing to champion a particular cause (provided it is aligned with IV's core objectives and agenda, you can help make a difference, and help yourself as well!)
Hey all,
hope you guys have visited the IV physicians blogspot.It is very good.One of the bloggers mentioned about supporting such a move, but the question is how do we start.I myself is technlogically challenged so we have to get the expertise of the IT people.I think we should start now.
You can write to me at 'sertasheep AT immigrationvoice DOT org' or poll any of the techie members here on how to create a blog. The suggestions would be to create a blog on blogger.com with a google account, as several of the other blogs (iv-tristate, iv-physicians, etc.,) are all on blogger.com.
Please keep your profile updated so that we may contact you. We are glad to welcome Schedule A professionals into the IV community.
Please support "paskal"(physician) in his efforts as he will be able to liaise with policy makers and influencers in the healthcare segment. iv-physicians.blogspot.com is one such effort- don't let the name dissuade you. As long as there are people who are willing to champion a particular cause (provided it is aligned with IV's core objectives and agenda, you can help make a difference, and help yourself as well!)
Hey all,
hope you guys have visited the IV physicians blogspot.It is very good.One of the bloggers mentioned about supporting such a move, but the question is how do we start.I myself is technlogically challenged so we have to get the expertise of the IT people.I think we should start now.
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ychousa
07-18 06:47 PM
Does PD exist just to be able to file I-485? Or as some members say, does it also play a role after filing I-485 for adjudication? Does CIS go by PD or RD when the visas are limited?
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
more...
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guy03062
03-08 09:47 AM
Please keep posting!
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vegasbaby
02-25 11:07 AM
Guys/Gals,
Put your hand on your heart and say ALLL IZZZZ WELLLL!!!!!!!
Put your hand on your heart and say ALLL IZZZZ WELLLL!!!!!!!
more...
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MDix
08-23 09:17 AM
If they could they would have, but unfortunately judgment doesn't talk anything about Multinational manager.They tried to extend he finding of EB1 to EB2. I believe even thought this strictly applies to EB2 without M.S. But things will get tough for EB2 Master also ......
Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?
Where is GCperm when you need one?
Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?
Where is GCperm when you need one?
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GCBy3000
02-12 02:26 PM
Check here on how to support IV with contribution.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
Hi All,
I'm new to immigration Voice. I've read abt this in immigration portal and understand that a group of people are leading this. I wish them all the best and i extend my full support. Also i heard that this group is collecting funds. Can someone please point me where would i contribute.
Thanks
RAJ
SWA: Virginia
SWA Receipt Date (Priority Date): October 31,2002
EB2 - RIR
Forwarded to Philadelphia Regional DOL on June 22, 2004
BEC Case Number: P-04282-*****
45 Day Letter Received and Replied : Feb 2005
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
Hi All,
I'm new to immigration Voice. I've read abt this in immigration portal and understand that a group of people are leading this. I wish them all the best and i extend my full support. Also i heard that this group is collecting funds. Can someone please point me where would i contribute.
Thanks
RAJ
SWA: Virginia
SWA Receipt Date (Priority Date): October 31,2002
EB2 - RIR
Forwarded to Philadelphia Regional DOL on June 22, 2004
BEC Case Number: P-04282-*****
45 Day Letter Received and Replied : Feb 2005
more...
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DreamGC
07-15 07:38 PM
Just sent my high five via billpay
EB3-I (Jan-2007)
EB3-I (Jan-2007)
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yoda
09-13 04:24 PM
Sent to Mass High Tech and Fareed Zakaria @ Newsweek.
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gkdgopi
07-21 11:49 AM
According to LATimes article
http://www.latimes.com/business/la-fi-visas21jul21,1,3932099.story?coll=la-headlines-business&ctrack=1&cset=true
only 55000 applications so far this month.
"There was intense public reaction," said Bill Wright, spokesman for the citizenship and immigration agency, in explaining the reason for the reversal. "We heard that and did listen."
Wright said at least 55,000 applications had been filed this month; the window will remain open until Aug. 17. "
http://www.latimes.com/business/la-fi-visas21jul21,1,3932099.story?coll=la-headlines-business&ctrack=1&cset=true
only 55000 applications so far this month.
"There was intense public reaction," said Bill Wright, spokesman for the citizenship and immigration agency, in explaining the reason for the reversal. "We heard that and did listen."
Wright said at least 55,000 applications had been filed this month; the window will remain open until Aug. 17. "
mgmanoj
09-01 09:20 AM
Landed in January' 2000
1st Labor Filed in Sept'2001
State approved and project over so had to to move over
2nd Labor filed in Jan'2003 with Company B
Attorney screwed it
3rd Labor filed in Jun'2007
Missed July 2007 fiasco
New date EB3 - Jun'2007
1st Labor Filed in Sept'2001
State approved and project over so had to to move over
2nd Labor filed in Jan'2003 with Company B
Attorney screwed it
3rd Labor filed in Jun'2007
Missed July 2007 fiasco
New date EB3 - Jun'2007
gsc999
09-11 06:36 PM
Seeing ur quote I remember another quote..
Though What I am going to tell is not in the context of D.C.Rally
Late Indian Prime Minister P.V.Narasimha Rao has a great quote, which he often quoted to reporters at interviews, where he was silent on many burning issues of his time and later used to say
"Not taking a decision also a decision."
----
Please stop analyzing. This is a decisive moment. Join the DC rally!
Though What I am going to tell is not in the context of D.C.Rally
Late Indian Prime Minister P.V.Narasimha Rao has a great quote, which he often quoted to reporters at interviews, where he was silent on many burning issues of his time and later used to say
"Not taking a decision also a decision."
----
Please stop analyzing. This is a decisive moment. Join the DC rally!
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