Friday, June 17, 2011

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  • mirage
    04-03 08:55 AM
    Congratulation to you two, you successfully diverted everybody from the objective of the thread..




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  • Macaca
    09-14 06:58 PM
    Immigration march planned for Wednesday (http://immigrationvoice.org/forum/showpost.php?p=164301&postcount=1066) By Javier Erik Olvera (jolvera@mercurynews.com or (408) 920-5704) | San Jose Mercury News, 09/11/2007
    Many green card seekers wait seven years or more (http://immigrationvoice.org/forum/showpost.php?p=151966&postcount=965) RESEARCHERS SAY BACKLOG COULD SPUR `REVERSE BRAIN DRAIN' By John Boudreau (jboudreau@mercurynews.com or (408) 278-3496) | San Jose Mercury News | 08/22/2007
    Simple request: Fair handling of green card applications (http://immigrationvoice.org/forum/showpost.php?p=114554&postcount=738) By L.A. Chung (lchung@mercurynews.com or (408) 920-5280) | Mercury News Columnist, 07/14/2007
    How many H-1B visa workers? (http://immigrationvoice.org/forum/showpost.php?p=114543&postcount=737) Counts vary VALLEY EMPLOYERS AMONG TOP USERS By Chris O'Brien (cobrien@mercurynews.com or (415) 298-0207) | Mercury News, 07/15/2007




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  • WaldenPond
    03-16 10:08 AM
    I just called .... same reply. But more calls (pressure) would help.




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  • Green.Tech
    05-27 10:59 PM
    $100 today

    Thanks akp22.



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  • jung.lee
    04-04 06:48 PM
    Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??

    Thanks
    sree

    My interpretation is that if the spouse (with EAD), in question has been in residence in the US for more than 6 months in a year, she would be considered a resident for tax purposes, and therefore be eligible to set up a S-corporation.




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  • hopefulgc
    09-12 12:13 PM
    why do we have to get names from people...
    simply decide a course of action... like send out letters or the big-as calculator brother singhsa3 suggested and let them ship it out individually



    Most people here just want to discuss but when it comes to action - you will notice that they would not even give out their proper name to IV while registering - so mobilizing is not as easy as discussing it here.

    Discussion forums are good because ideas emerge here - ideas are needed for execution and discussing pressing issues must lead us towards a path to execution.

    The question is - can all those who do that talk actually walk the talk?



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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.




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  • SSSarkar
    04-11 03:15 PM
    Labor approved last week.

    Dec 04, NJ EB3 RIR



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  • chanduv23
    05-15 10:27 AM
    dear members,
    please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.

    Ideas and suggestions are welcome.




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  • Pineapple
    01-07 12:13 AM
    raysaikat, and others, can we call a truce and focus on the original intent of the thread? I am sure we can all agree that the top 5 % of the worst university (does not matter which, or where) are usually better than the bottom 5 % of the best university (again, does not matter).

    In my life, in our company, I've seen some of the sharpest brains around (PhDs working for the Russian defence before they defected in late 70's and early 80's) and some of the dumbest (a mechanical engineer who refused to believe me when I mentioned the sun was approximately 300000 bigger than the earth in terms of mass and 1000000 times bigger in terms of volume). Believe it or not, I've met a taxi driver who graduated from an Ivy League institution and used to work at NASA in 60s and 70s and worked on developing algorithms for decompressing transmissions. There are all sorts who make the world a pretty interesting, if unpredictable place. :)

    You never know whom you are sitting next to on the plane! ;)

    Rather than arguing over silly matters, perhaps we should focus on intelligent analysis and if necessary, rebuttal of arguments.

    We do not prove anything by arguing over IIT vs Osmania, or North Vs South, but merely conform the worst aspects of Prof. Wadhwa's sweeping generalizations.

    I, for one, have serious questions:
    A) The video was edited. It is a collection of sound bites. How do we know the context of the statements if we do not have the full transcript?
    B) We have no visuals of the charts and figures referred to by Prof Wadhwa.
    C) We have no access to the raw data used by Prof. Wadhwa. He may had published it, but I have not seen any of it. (Unless Macaca can ferret out the details.. if anyone can, he is the man!). I have, for instance, basic questions whether immigrants and foreign students were excluded when he (Wadhwa) was counting the openings filled and engineers graduated in US.

    I do not mean to offend anyone, nor am I commenting on any country, university, or anything.. so please do not misunderstand me. Let us focus on the what is more important.



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  • for_gc
    07-14 03:03 PM
    Just Contributed $5 using BofA bill pay.

    Guys,

    Please stick to $5. The idea is to shake out members who till date have made no contributions into making contributions.

    If we start contributing different amounts on this thread then this may dilute the impact of the idea.




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  • malaGCPahije
    07-16 11:31 AM
    Even though I am a recurring contributor and I contribute to IV on top of my recurring contributions I had to make a contribution towards this campaign. Keep up the Good Work. See Details below:

    **********************************************

    Payee Amount Deliver By Confirmation Number Action

    Immigration Voice
    IV
    $ 10.00 07/22/2008 7YJ0L-4NJ42 Edit � Cancel
    Memo: High Five Campaign

    Recurring contribution of $5 or $10 a month is a fantastic idea for this campaign. I am going to set this up myself. I would urge you all who do not have recurring contribution setup to do so too. $5 a month would not make a lot of difference to anyone. But it would make a lot of difference to IV if it happens each month.



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  • gctest
    09-15 11:30 AM
    keep supporting EB3 porting .. you wil then get your GC in 7 years

    If somebody is eligible to jump from Eb3 -> EB2, then he should be allowed to jump.

    I am EB2. I had to change my job as my previous employer didnot allow me to file in EB2 as I didnot have prior experience even though i have MS from USA.

    I changed my job and now I am in EB2. My PD is Feb 2008. Sucks that I missed the bus in July 2007.

    Nobody should go through what I went through. If somebody is eligible to jump, then he should jump from EB3->EB2.

    Considering the current delays in labour and I140 approvals, I think the entire process of filing for new labor, then I140 and the PD porting will take around 2yrs if there are no Queries. :p

    Unless somebody's PD is mid 2006 or 2007 above in EB3, I dont think this EB3->EB2 jump will be helpful. :rolleyes:

    YOu never know what rules will change in future. :confused:




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  • monkeyman
    01-04 12:19 PM
    I filed for my wife's AP on Oct 12th and TSC and received the AP on Nov 1. Applied for UK transit visa on Nov 8 and received that on Nov 14th.



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  • immi2006
    08-18 10:45 AM
    There are a few hundred cases of Eb2 and 3 getting approved in my American company.

    People are jumping into conclusion with a few approvals from 2004/2005, but what you are not considering is the number of people with 2001/2002 priority dates who just applied for 485 in June. There might be a lot of them (I am one of those). If there are not too many of them, it is good for everyone, but its very tough to predict.
    From what I heard from my lawfirm, they expect the oct bulletin to go back to 2001 or early 2002. But with everyone filing 485, USCIS should be able to predict the number of applicants and move dates better compared to earlier when they were shooting in the dark and wasting visas.

    Anyway, good luck to all




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  • suriajay12
    03-07 07:24 AM
    http://www.shusterman.com/

    news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)

    Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?

    only Monday will tell... This is one nerve wracking weekend.

    immigration-law.com also says the same thngs:

    "03/07/2009: Wild-Fire Rumor of EB-3 One Year Retrogression for Worldwide Category in April 2009 Visa Bulletin

    * The April 2009 Visa Bulletin is likely released shortly. However, there is a wild fire burning towns all over from the rumor that EB-3 visa numbers will be moved backward for one full year for Rest of World category in the April 2009 Visa Bulletin. The sources of the information appear to be credible, but we will have to wait and see. "



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  • chanduv23
    06-06 10:04 AM
    Come on IV heros - you can do it. Lets push this thread on top




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  • kamakya
    09-15 05:36 PM
    The thread started by an asshole like gctest should be deleted. This will divide our community




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  • ashutrip
    06-19 10:09 AM
    Also, please contact this person:

    Helen Parker
    Regional Administrator
    U.S. Department of Labor/ETA
    Atlanta Federal Center 61 Forsyth St. Rm. 6M12
    Atlanta,GA 30303
    Phone: (404) 562-2092
    Fax: (404) 562-2149

    Send faxes and call to request them to process our PERM applications. Please act now, if not we will miss the bus.
    i just called her she passed the buck to 404 893 0101




    csriram45
    09-09 05:59 PM
    Came to US in Aug 1997. My first company start up closed in 2002 recession and so joined another which by the time started the process etc.. delayed till Sep 2004 PD with EB3.
    13 years in the US and waiting....




    pointlesswait
    03-18 10:58 AM
    for tax purposes..there is no H1 ..GC criteria..
    if u pay tax and u are eligible..u get the refund!

    how many times should that be told..snap out of counting pennys ..! :mad:

    if u dont get the refund..move on..be happy that u have a job!:cool:



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