cessua
07-06 01:04 PM
This read in conjunction thing is the dumbest thing....
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gcadream
02-24 08:21 AM
Is there any vague possibility of dates getting current once again, just like what happened in 2007 so that we can at least file for I485 and then move on to EAD because getting an H1 extn is also a very big pain these days and I'm really going through the misery and pain of it.
conchshell
09-10 05:20 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.
But at the same time EB2 will get spillover from EB1 and EB2 ROW, so its expected that EB2 I will move forward. But how much that spillover is gonna be? Any data?
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.
But at the same time EB2 will get spillover from EB1 and EB2 ROW, so its expected that EB2 I will move forward. But how much that spillover is gonna be? Any data?
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nivasch
03-09 12:40 PM
indio0617,
Still the meeting is going on?
Sorry to ask this Q?
Still the meeting is going on?
Sorry to ask this Q?
more...
nivasch
03-09 12:40 PM
indio0617,
Still the meeting is going on?
Sorry to ask this Q?
Still the meeting is going on?
Sorry to ask this Q?
GCSeekerCT
03-04 07:30 PM
They can deny for whatever reason they think is risky. Banks are looking for reasons to NOT loan right now, as opposed to 2 years ago when everyone waling in were offered free money.
I suggest you go to a reputed FCU or small, regional bank. IMO, they are much better to work with. I recently refinanced a loan with an FCU, originally extended to me by our local bank.
Terms and paperwork is VERY easy, you get to talk to the same people through your application as opposed to a big bank where your papers are pushed around the country every week (my experience with BoA).
HTH
I suggest you go to a reputed FCU or small, regional bank. IMO, they are much better to work with. I recently refinanced a loan with an FCU, originally extended to me by our local bank.
Terms and paperwork is VERY easy, you get to talk to the same people through your application as opposed to a big bank where your papers are pushed around the country every week (my experience with BoA).
HTH
more...
eb3july2003
04-17 08:13 PM
All the best AllVNeedGcPc. I completely understand how difficult it would be to wait for this last step without knowing what is happening.
1. Here are the email addresses that I used. Got a response from the NSC email address after three days that I need to wait for 60 days and have to send a written request.
*ncscfollowup.nsc@dhs.gov
*ebupdate.tsc@dhs.gov
2. Yes, my lawyer did send a explicit letter. Bottom line on that letter was "A request is hereby made to interfile the latest I-140 approval with his "A" file. Kindly make sure that the applicant's pending I-485 file reflects the new I-140 approval which has a priority date of July 8 2003 and it reflects classification under Sec. 203 (b) (2).
3. Also I didn't mention one other thing on the original post was that I have placed multiple call to 800-375-5283 to make sure that my I-485 is processed as EB2.
Hope this helps. Let me know if you need any further information.
1. Here are the email addresses that I used. Got a response from the NSC email address after three days that I need to wait for 60 days and have to send a written request.
*ncscfollowup.nsc@dhs.gov
*ebupdate.tsc@dhs.gov
2. Yes, my lawyer did send a explicit letter. Bottom line on that letter was "A request is hereby made to interfile the latest I-140 approval with his "A" file. Kindly make sure that the applicant's pending I-485 file reflects the new I-140 approval which has a priority date of July 8 2003 and it reflects classification under Sec. 203 (b) (2).
3. Also I didn't mention one other thing on the original post was that I have placed multiple call to 800-375-5283 to make sure that my I-485 is processed as EB2.
Hope this helps. Let me know if you need any further information.
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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...
sunny1000
02-27 12:04 AM
still waiting...july 2002...NY
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amitjoey
07-18 04:29 PM
I do agree , but I do not see any $20 contribution in google checkout or paypal.We have to mail the checks.I guess we can get more donations if we include $25,$50,$75 contributions in google checkout as well as paypal.Correct me If I am missing some thing.
This has been discussed before, People can send in checks of whatever denomination or pay it thru their banks - Set it up as automatic payment every month if they like. (for smaller denominations).
$50 monthly is minimum. In any case, is $50 a big amount? for such a cause?
This has been discussed before, People can send in checks of whatever denomination or pay it thru their banks - Set it up as automatic payment every month if they like. (for smaller denominations).
$50 monthly is minimum. In any case, is $50 a big amount? for such a cause?
more...
sanju_dba
09-01 09:23 AM
on H1 since 2000 Nov.
Started working for my 3rd US employer in 2001, started GC process in Mar 2003 thru RIR process.
Every year a new hope, but IV is like a street light , i can look around whats happening.
Started working for my 3rd US employer in 2001, started GC process in Mar 2003 thru RIR process.
Every year a new hope, but IV is like a street light , i can look around whats happening.
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needhelp!
03-12 01:28 PM
Here is my point. I spend several hours 3-4 hours at least every day looking through the forum posts hoping to find ways i can contribute to efforts.
You should find ways to participate if you click on the orange Action Alerts link.
Also, click on "Advocacy" and "Volunteer" in the blue menu bar at the top of every page. You will find TONS of things to do on an ongoing basis.
Did you:
Join your state chapter?
Send letters for FOIA campaign?
Send letters on the spate of I-485 denials?
Send letters to Senators regarding Housing Crisis?
Participate in Team IV?
All links are available under action alerts and first post of each of those threads has all the relevant information. I am not sure what other information you are seeking.
You should find ways to participate if you click on the orange Action Alerts link.
Also, click on "Advocacy" and "Volunteer" in the blue menu bar at the top of every page. You will find TONS of things to do on an ongoing basis.
Did you:
Join your state chapter?
Send letters for FOIA campaign?
Send letters on the spate of I-485 denials?
Send letters to Senators regarding Housing Crisis?
Participate in Team IV?
All links are available under action alerts and first post of each of those threads has all the relevant information. I am not sure what other information you are seeking.
more...
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mirage
04-01 02:33 PM
Guys don�t presume you don�t have rights for this and that. late in spring of 2005 I had a meeting with my state�s senator and he took all my details and wrote to Backlog Center in Philadelphia. After 2 months his office called me and send me the correspondence they got from BEC. They had description about my file etc. my labor was cleared in a month after that. Apparently BECs informed his office about the approval too, and to my surprize they called me up again and told me the news. They are public office they are answerable to us, we need to ask�Mirage,
I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.
We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.
I think the same is true in your country.
How do think would your people or governmnet react if a foreigner in your country start to question your immigation policy.
Think about that.
I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.
We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.
I think the same is true in your country.
How do think would your people or governmnet react if a foreigner in your country start to question your immigation policy.
Think about that.
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gcpain
04-25 04:17 PM
The priority date based on the person first entering/start wrking for US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one. This is good idea and fair deal to everyone which in turn follows FIFO method.
more...
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browncow
07-05 06:27 PM
I am very intrigued by this thread and I would love to see a change in status quo too. However, I am missing one very important piece of information....Who are the proposed candidates and what is their agenda??
Mbawa, please don't take this as criticism but how exactly would a change in the IV core improve the current status quo? If you have any ideas, what has stopped you from using IV as a platform and taking a lead?
Again, I would love to see things improving for the EB folks but I really missing the point on how this suggestion would get us there. I have great respect for the IV core as I know it and personally I will never be able to do even 10% of the job they have done. SO if there are folks who can do better than the present core, I would love to hear their ideas and contribute to the cause.
If this is just one of the several threads that are started with no real effort or thought put in to come up with an actual and feasible solution, then this is doing more harm than good. Again I am really open to listening like a lot other silent/passive members.
Cheers.
This is not a transparent organisation, we do not know who the president or the exec committee of this organisation is. Every now and then, we hear about stating the facts in our profile before posting questions.
But we know very little about the exec committee, the 'About us' has the agenda that IV is fightin for, nothing at all about the people behind it.
Who do i thank for such a nice organisation? I have no idea.
coming to the nomination for the exec commitee, there are lots of self motivated people around here, motivation can come from people languishing with unjust RFEs, name check limbos, 10 year old petitions, members who know they can add to the organisation, and the core, they would know people who they think are capable of carrying the torch on with equal or more zest.
Most of the time, leaders of of non-profits have to be pushed to assume their roles, rather then they coming forward to lead.
Mbawa, please don't take this as criticism but how exactly would a change in the IV core improve the current status quo? If you have any ideas, what has stopped you from using IV as a platform and taking a lead?
Again, I would love to see things improving for the EB folks but I really missing the point on how this suggestion would get us there. I have great respect for the IV core as I know it and personally I will never be able to do even 10% of the job they have done. SO if there are folks who can do better than the present core, I would love to hear their ideas and contribute to the cause.
If this is just one of the several threads that are started with no real effort or thought put in to come up with an actual and feasible solution, then this is doing more harm than good. Again I am really open to listening like a lot other silent/passive members.
Cheers.
This is not a transparent organisation, we do not know who the president or the exec committee of this organisation is. Every now and then, we hear about stating the facts in our profile before posting questions.
But we know very little about the exec committee, the 'About us' has the agenda that IV is fightin for, nothing at all about the people behind it.
Who do i thank for such a nice organisation? I have no idea.
coming to the nomination for the exec commitee, there are lots of self motivated people around here, motivation can come from people languishing with unjust RFEs, name check limbos, 10 year old petitions, members who know they can add to the organisation, and the core, they would know people who they think are capable of carrying the torch on with equal or more zest.
Most of the time, leaders of of non-profits have to be pushed to assume their roles, rather then they coming forward to lead.
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sc3
09-14 11:17 AM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
No you dont. You just want your own GC. If possible, hand delivered by the President of USA after he washes your feet.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
Well sure. Lets just burn the law books, which grants the PD to an applicant after I-140 is approved.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
On you are so wrong. PD porting is legal, and there is nothing unethical about it. The only thing we need to put a cork on is to your brain, which, along with the surrounding matter, currently is in the part which expels bodily waste.
No you dont. You just want your own GC. If possible, hand delivered by the President of USA after he washes your feet.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
Well sure. Lets just burn the law books, which grants the PD to an applicant after I-140 is approved.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
On you are so wrong. PD porting is legal, and there is nothing unethical about it. The only thing we need to put a cork on is to your brain, which, along with the surrounding matter, currently is in the part which expels bodily waste.
more...
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eager_immi
02-12 10:56 PM
My spouse's is still pending
PD 03/20/2005
Philly backlog center
Lawyer is filling RIR
PD 03/20/2005
Philly backlog center
Lawyer is filling RIR
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sampath
04-25 01:38 PM
The priority date based on the person first entering the US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one.
This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..
Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.
This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..
Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.
Mouns
04-30 03:15 PM
Max waiting country Philippines (family based) = 22 years
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
Caliber
03-03 03:51 PM
But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves. Saburi
I understand your pain Saburi. With a PD of Oct 02 itself, I feel being tortured, depressed. When Obama came, I had some hope. But now, no more hopes...
I understand your pain Saburi. With a PD of Oct 02 itself, I feel being tortured, depressed. When Obama came, I had some hope. But now, no more hopes...
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