Milind123
09-12 06:03 PM
Thankyou ska_iit EAD rangaswamy and imm_pro.
All, please remember my intention is to motivate people who never contributed so far and who start
a $50 monthly contribution for at least six months. I am going to do a one time contribution of $50
for all such contributions (limits apply which I still did not disclose)
Anyway good start. ska_iit EAD rangaswamy and imm_pro, please consider monthly contributions. imm_pro, you
are only 2 contributions (of $50) away from the target of $300.
While making my contribution I would like to thank all the people who have started their new monthly contribution.
I would feel bad if I miss their name while searching the thread, so please PM me.
Here are the details of my third contribution of $100
Order Details - Sep 12, 2007 6:12 PM EDT
Google Order #761429932710772
All, please remember my intention is to motivate people who never contributed so far and who start
a $50 monthly contribution for at least six months. I am going to do a one time contribution of $50
for all such contributions (limits apply which I still did not disclose)
Anyway good start. ska_iit EAD rangaswamy and imm_pro, please consider monthly contributions. imm_pro, you
are only 2 contributions (of $50) away from the target of $300.
While making my contribution I would like to thank all the people who have started their new monthly contribution.
I would feel bad if I miss their name while searching the thread, so please PM me.
Here are the details of my third contribution of $100
Order Details - Sep 12, 2007 6:12 PM EDT
Google Order #761429932710772
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ragz4u
03-15 08:32 AM
Did anyone else get through? I was trying www.capitolhearings.org Dirksen226!
map_boiler
07-06 12:01 AM
duplicate thread...admin please merge this with "News Article Thread -3"
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sapota
07-19 03:25 PM
Given that IV was majorly instrumental in reversing the July fiasco, the least I could do was contribute money.
I am also planning to contribute time by volunteering for Texas state chapter activities.
The turn of events in past month clearly highlights what concentrated lobbying can achieve. We need to keep up the pressure.
I am also planning to contribute time by volunteering for Texas state chapter activities.
The turn of events in past month clearly highlights what concentrated lobbying can achieve. We need to keep up the pressure.
more...
mk26
08-13 08:25 AM
Its high time for us who are already in US in H1 and struggling to get green card, as I know the tend to come to US in new college grads from India are reduced now..which is a good sign for India and bad sign for this country..now we are the ones who are in middle of ..
and these morons don't even try to solve the real problem, they should ban this H1 Visa program if this was so badly abused..this is all for vote bank..
and these morons don't even try to solve the real problem, they should ban this H1 Visa program if this was so badly abused..this is all for vote bank..
danu2007
07-13 04:33 PM
I already sent Certified letters to Minnesota Senators..
State Rep - Erik Paulsen
State Senator - David Hann
US Rep - Jim Ramstad
US Senator - Amy Klobuchar
US Senator - Norm Coleman
State Rep - Erik Paulsen
State Senator - David Hann
US Rep - Jim Ramstad
US Senator - Amy Klobuchar
US Senator - Norm Coleman
more...
Milind123
09-13 08:55 PM
Milind you rock......thanks for efforts.
No thank you Libra for encouraging people to contribute. My new contribution is in my signature.
Now please welcome bala, our special guest, who will take the last shot of this round.
No thank you Libra for encouraging people to contribute. My new contribution is in my signature.
Now please welcome bala, our special guest, who will take the last shot of this round.
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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.
more...
senk1s
09-26 09:21 AM
manderson: i too dont remember seeing otherwise (that there is a limit)
but that doesnt mean they'll look more closely at the case.
But again you dont 'have' to be working while on EAD (as you are an adjustee) and they decide based on the original company's ability to pay. You can work even for/by yourself (self-employed)
I dont understand how this is all interpreted 'together' - someone else with more expertise than me would help.
but that doesnt mean they'll look more closely at the case.
But again you dont 'have' to be working while on EAD (as you are an adjustee) and they decide based on the original company's ability to pay. You can work even for/by yourself (self-employed)
I dont understand how this is all interpreted 'together' - someone else with more expertise than me would help.
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waitin_toolong
07-30 04:37 PM
My husbands DL expires on Oct 1st, 2007. The North Carolina DMV insists that he should have a valid H1B visa stamp in his PP in order to renew the license. He does have a valid H1B extension with I-94 at the bottom till Oct.2009. We dont want to leave the country as we are filing for our I-485's.
Any one in NC have any suggestions?
Maybe he needs to go higher sometimes these officers dont understand that I-94 is all that counts. they might need some intervention to explain things you might also need to check the rules on the relevant DMV websites and quote thoses.
States have a lot of discretion when it comes to rules they frame with regards to DL's
Any one in NC have any suggestions?
Maybe he needs to go higher sometimes these officers dont understand that I-94 is all that counts. they might need some intervention to explain things you might also need to check the rules on the relevant DMV websites and quote thoses.
States have a lot of discretion when it comes to rules they frame with regards to DL's
more...
ronhira
07-06 02:02 AM
I agree, what did I do for IV for the past few months, nothing. Responded to one or two threads. Been very busy at work and was not able to contribute constructively to this organization. I am wondering how many of us are in this same boat, what are we all actually doing in helping the organization from either volunteering, getting more people to open their eyes and recognize a problem and organize and mobilize people. I have been trying for the past 4 years and its not easy and not always successful. To see the leadership team constantly juggling between work and working on different initiatives and putting in self less hours really requires appreciation. Now I think its worth asking ourselves, how much have we done or are willing to do to take us to where all of us want to be IMHO.
let me ask you this. did anyone from "leadership" call/email/contact you when you were inactive/busy with your life. if the leaders did not call/email you, how will you know if your help is needed. i don't see how its u'r fault
let me ask you this. did anyone from "leadership" call/email/contact you when you were inactive/busy with your life. if the leaders did not call/email you, how will you know if your help is needed. i don't see how its u'r fault
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mihird
08-01 10:52 PM
Again, no journalism experience, but good at composing English, in general, and vast knowledge on USA, global economics, the H1 visa program etc.. Have written to US Senators in the past.
more...
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mhathi
03-22 05:28 PM
I have been a monthly contributor ($50/month) since December 2007. Already sent mail about a week ago to info at immigratin voice dot org.
Waiting for access... Glad to help in any way I can. I like the idea of having a donor forum. I have seen too many of our posts wind up on the pages of anti-legal immigrant groups over the years.
Waiting for access... Glad to help in any way I can. I like the idea of having a donor forum. I have seen too many of our posts wind up on the pages of anti-legal immigrant groups over the years.
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chi_shark
06-11 12:56 AM
if the orignial post on this thread is really true, then eb2/eb3 india/china with p.d. older newer than 2002 should basically pack whatever they have so far and leave... is that a fair reading? does anyone care to ammend my statement to perhaps "newer than 2003 [or 2005]"?
At least this clears up any hopes from future Visa Bulletins. What's next?
At least this clears up any hopes from future Visa Bulletins. What's next?
more...
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ca_gc
12-27 08:17 PM
My case is not yet approved, I Filed on Aug 01 st, Vermont Service Center.
Can you really go for H1 stamping when you are coming back on AP.
As far as I know, you should not use H1 at port of entry while coming back, if you do that your green card will be aboundend. Gurus please currect.
If you are not coming back on H1, then why are you going for stamping?
I think , if your I-485 is approved while you are out of US, then you are not supposed to enter on H1. Till that time, you can use AP to enter US, if you prefer.
Can you really go for H1 stamping when you are coming back on AP.
As far as I know, you should not use H1 at port of entry while coming back, if you do that your green card will be aboundend. Gurus please currect.
If you are not coming back on H1, then why are you going for stamping?
I think , if your I-485 is approved while you are out of US, then you are not supposed to enter on H1. Till that time, you can use AP to enter US, if you prefer.
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indio0617
03-09 10:48 AM
Amendment - To Eliminate Retroactive act laws which is harsh and unjust.
more...
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chinna_sss
06-25 01:06 PM
Employed based people investments. I think everyone know how employment based people is earning .
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Robert Kumar
03-14 05:51 PM
In the last 1 months, how mcuh time is it taking for just the labor to be cleared. Not the pre-labor work. Just labor.
Thank you,.
Thank you,.
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mohanty99
07-18 10:56 PM
This seems very unfair to people who had earlier PDs (2004 & 2005) and who have waited so many years to file. Now, people with PDs in 2007 will jump ahead of them in the queue just because of this fiasco, juts because they filed earlier. :confused:
gjoe
10-03 05:37 PM
Every year congress mandates that 140k immigrant visas may be issued. Lets say, in a particular year 200k applications were sent in, but only half of them could reach a stage where they could be approved (rest half are stuck in name check et al). Now you can approve only 100k which means that 40k visas which could have been used will go wasted for that year.
If visa numbers are assigned to cases as soon as the application is entered into the system based on the PD even if there case is not approved that year still they can get the visa whenever there case can be approved so effectively no visas are wasted in any year.
If visa numbers are assigned to cases as soon as the application is entered into the system based on the PD even if there case is not approved that year still they can get the visa whenever there case can be approved so effectively no visas are wasted in any year.
nixstor
03-13 11:59 AM
How long does it take to receive the cert in mail?
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