Friday, June 24, 2011

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  • reddysn
    06-05 11:14 AM
    Wendy welcome to IV and thanks for participating in the discussion.

    Can you please take some time to send web faxes(faxid- 20) to all the state senetors using the link on the home page , if you have not already done so. and also call them if time permits.

    Coming to ur note , I guess , people who apply from F1 to I-485 you are referring are not the primary green card applicants. They are dependents on primary applicatns. If not, can you tell me what they are studying and how they can apply green card from F1? I am not aware of this route.

    Numerous students on F1 visa applied 485 and got their GC these years.




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  • newuser
    09-11 04:00 PM
    I second that.




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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.




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  • vinabath
    07-20 12:44 PM
    What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)

    I think you can start another job with the same job description. EAD is not tied to the employer. It is tied to you. AC21 is a blessing for us in this regard.

    After 180 days, you are free and you almost got virtual GC except that you need to work in the same job description and maintain character.



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  • edgarrecto
    08-13 03:47 PM
    who will act if we will not act!!!

    who will move if we will not move!!!!

    if not now, when?




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  • andy garcia
    10-01 10:23 AM
    Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.

    Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.

    Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.

    Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.

    The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345

    Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf)

    Macaca;

    Here is where the confusion lies with respect to unused, wasted, etc.

    The Immigration Act of 1990 (P.L. 101-649) restructured the immigrant categories of admission and made other modifications to the Immigration and Nationality Act.
    The 1990 Act divided the preference classes into two general categories: family-sponsored(FS) and
    employment-based(EB). Limits on the number of visas issued in these two categories are determined annually.
    FS limits�The worldwide level for FS preferences is calculated as:
    480,000 minus the number of aliens who were issued visas or adjusted to legal permanent residence in the previous fiscal year as

    immediate relatives of U.S.citizens
    children born subsequent to the issuance of a visa to an accompanying parent
    children born abroad to lawful permanent residents on temporary trips abroad

    plus unused EB preferences in the previous fiscal year.
    The 1990 Act specifies that the family-sponsored limit may not go below a minimum of 226,000 in any year.

    EB limits�The 1990 Act specifies that the worldwide limit on EB preference immigrants is equal to 140,000 plus unused FS-preference visas in the previous year.



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  • snathan
    02-08 12:59 AM
    i am going to marry my sister's daughter.. Sweet girl

    All the girls are not like that. ;)

    anyway my comments are about the crazy, career oriented, tradition less girls. And most of teh US girls are like that. Ofcourse not 100%, there may be few jewels..

    Congrats...!!! Welcome on board.




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  • trueguy
    08-14 10:50 PM
    actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact

    I agree. Nobody wants to talk about EB3-I, not even core IV.



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  • chanduv23
    08-03 11:16 PM
    ^^^^^^^^^^

    Please navigate to the following threads and do the action items

    http://immigrationvoice.org/forum/showthread.php?t=11694&page=2

    http://immigrationvoice.org/forum/showthread.php?t=11962




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  • leo2606
    09-09 08:38 PM
    Contributed $100 today morning.

    I am still coming to D.C rally, volunteering to transport our folks travelling to IAD or Regan, bringing 7 additonal folks to D.C rally with me(6 new members I was able to pull since last one month, no financial contribution yet at this point).Still targeting new folks who doesn't know any thing about IV and it's efforts.



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  • GCBy3000
    07-06 04:54 PM
    nice and humourous. Very good.

    coz we need some place to go for vacation ;)




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  • sandiboy
    07-18 04:03 PM
    Assuming that the PD cut off date for a specific stream is 2004 Aug and there are still visa nos available but there are not enough application (can this ever happen for real) what are they going to do? They move the PD further up and whenever the pool is depleting they move it back again?

    Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.

    In such a case the PD lost all it's significance once the adjustment of status if filed?

    If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.

    Or May be I am missing something......


    Consider I-485 Processing as a 2 Door Room. Front Door is for people who's PD has been current for the given month and can apply & Back Door is for Adjudicating People who are already applied & still current for that month.

    The size of the room depends on what date they retrogress it to. If Cutoff date is say 2002, there are few people in that room who would be ready for adjudication. Instead if cutoff date is say 2006, there will be a huge number of people in the room.

    As long as you stay in that room for more month (be current), the more chance you have of getting adjudicated fast, but also depends on how many people are ahead of you per RD.



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  • kkcal2002
    07-18 12:04 AM
    Live in Sanbernardino County but work in LA County(Pasadena). count me IN.




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  • a1b2c3
    08-16 08:13 PM
    Thanks for posting the doc. What is the source of this doc?



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  • whitecollarslave
    04-30 02:31 PM
    Can somebody post the link please?




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  • shana04
    07-14 08:04 PM
    Heck all I am asking for is $5.00 ;) A meal at Burger King these days will cost you more :)

    I have mailed a check for $10.00, check is on its way.

    Thanks for taking initiative ;)
    Shana



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  • Canadian_Dream
    06-02 07:27 PM
    Effective date is next fiscal year or the one following it. If you read both the sections it cleary says that.
    (Read the word approved and an "or" preceding it).

    or approved at the time of the effective date of this section, shall be treated as if such provision remained effective and an approved petition may serve as the basis for issuance of an immigrant visa.


    In my opinion this clearly means that if you have an approved I-140 before the effective date you should be ok. All pending I-140 on the effective date which is 15 months away are most likely have to refile. That leads to two scenarios:
    1. Approved I-140 with a pending I-485, these petitions will be elegible for immigrant visa whenever one is avialable, this is very clearly mentioned.
    2. Approved I-140 without I-485. No clear indication of how these cases will be treaed. They MIGHT have to refile as well.


    ============
    (d) EFFECTIVE DATE.—
    32
    33 (1) IN GENERAL.—Subject to paragraph (2), the amendments
    34 made by this section shall take effect on the first day of the
    35 fiscal year subsequent to the fiscal year of enactment, unless
    36 such date is less than 270 days after the date of enactment, in
    37 which case the amendments shall take effect on the first day of
    38 the following fiscal year.
    39
    40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.—Petitions
    41 for an employment-based visa filed for classification under
    42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
    43 Act (as such provisions existed prior to the enactment of this
    44 section) that were filed prior to the date of the introduction of
    265
    1 the [Insert title of Act] and were pending or approved at the
    2 time of the effective date of this section, shall be treated as if
    3 such provision remained effective and an approved petition may
    4 serve as the basis for issuance of an immigrant visa. Aliens with
    5 applications for a labor certification pursuant to section
    6 212(a)(5)(A) of the Immigration and Nationality Act shall
    7 preserve the immigrant visa priority date accorded by the date
    8 of filing of such labor certification application.
    9

    The original word is "enactment date", which would be the date the bill is signed into law. The effective date will be oct, 2008.

    So people who didn't get their 140 through before the president signs the bill would be screwed?




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  • hopefulgc
    09-12 11:20 AM
    i like this idea too ... and we need to send copies ot NYtimes, washington post, usatoday, etc



    In my opinion, we should do this:

    Just send two information to USCIS, DOS, President, VP, First Lady and all Congress person of the following:

    1. 1st info should have a photocopy of our degree certificate(s). On the same page, print your expereince in years and total tax paid till date to the US government.

    2. On a fresh page, type in all the H1B/L VISA approval information and type in bold, we were wanted/invited here legally (and admitted via H1/L).
    And, mention that our I140 is approved which means the immigration department has validated our eligibility to become PR.
    Ask a question (larger font) on the same page, why keep us on limbo?

    This would keep the whole thing short and sweet. We are explicitly saying that we are legals. And we were invited here - legally. We are approved by immigration team to be a PR.

    If we could send couple of thousands of letters, I am sure it would have impact as much as any other letter we have in mind.

    We are not humiliating them, we are just expressing our frustrations but in mass. May be we can say something like, "Legal Techie slaves in the land of liberty" or "Immigration process that enslave Legal Techies". But, we should keep it short.

    As always, ignore this idea if you guys dont like it.




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  • rkotamurthy
    02-08 06:58 PM
    Thanks Pappu. I have scheduled next conf call for Friday, 2/9 at 7.00 PM PST. Call 641-297-5900 PassCode 562404. Would you care to join?




    acecupid
    08-14 05:56 PM
    Mass porting to EB2 category is the only option. I think most people with old EB3 PD can easily do it. I was reluctant initially but since there is no light at the end of the tunnel, why not take a chance while PD porting is still available. Dont get discouraged by people advising against it, since there is no hope for EB3 anyways.




    yabadaba
    01-02 11:48 AM
    looks like some other orgs are referencing my oped for general information purposes

    http://www.americas.org/item_30295

    "This article was originally published by the sources above and is copyrighted by the sources above. We offer it here as an educational tool to increase understanding of global economics and social justice issues. We believe this is 'fair use' of copyrighted material as provided for in section 107 of the US Copyright Law. AMERICAS.ORG is a nonprofit Web site with the goal of educating and informing."



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