mirage
08-17 01:20 PM
Guys please send out these letters, It needs 20 minutes of your time & about $2 stamps. But it can really save us lot of time and anxiety, as, if it goes well with Rep. Zoe Lofgren or Senator Cornyn they can mandate USCIS to publish these statistics. Rep. Logfren has done this in the past(mandating USCIS & DOS) she may do it for us....
-----
To,
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
-----
To,
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
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bsbawa10
03-17 09:12 PM
Many H1s like me have their non-working spouses on H4 visa who are not given SSNs. Do we not pay taxes ? Do we not pay Social security ? We do, and therefore we should also be eligible for the Stimulus package. Indeed my son is autistic and disabled but we are not eligible for any kind of aid but we pay tons of taxes and social security. It is highly non-justified think. I know people will argue a lot if it is compared to slavery. But it is a "modern form of slavery". Yes, we are in this country with our own will but that is what they are making use of.
shana04
09-25 09:28 AM
All the info here is great !!
Pardon my ingnorance, but if I wanted to start a small time business where I do website development and designing either myself or by a company outside US, do I need to file as an LLC or can I register as a small business. Can someone tell me where I might get details for registering a company (Or is that same as LLC).
I was thinking I will not get EAD earlier than 6 months and I got it in less than 6 weeks....so now am doing some basic ground work and would appreciate any guidance !!
Thanks in advance.
Congrats on getting your GC (EAD)
Pardon my ingnorance, but if I wanted to start a small time business where I do website development and designing either myself or by a company outside US, do I need to file as an LLC or can I register as a small business. Can someone tell me where I might get details for registering a company (Or is that same as LLC).
I was thinking I will not get EAD earlier than 6 months and I got it in less than 6 weeks....so now am doing some basic ground work and would appreciate any guidance !!
Thanks in advance.
Congrats on getting your GC (EAD)
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pdakwala
03-08 01:07 PM
Why is that some people are getting access and some people are note getting access to the judiciary committee hearing on immigration
more...
needhelp!
03-12 03:19 PM
no, i am not going to switch to defensive mode. this is not about me.
OK, then who are you trying to include?
OK, then who are you trying to include?
conchshell
06-10 10:57 AM
So July visa bulletin is out ... we will see comments with frustation and appeals to fight for the cause ... however, this is a prediction thread, so my prediction is that by next week, all affected people will accept the reality and will move on with their life waiting for August visa bulletin or for the next year quota. My purpose is not to offend anyone, but this is just the observation we all had in the past, so why this time around its going to be any different?
Now as far as those three bills are concerned ... at times I feel that they are just pacifiers to amuse the crying babies. We all can see that immigration related bill (fashion models, regional investors etc) are getting passed, but not the one's that we really want. Therefore hearings in the sub-committie and than in full hearings will go on till August, and afterwards presidential election will be the focus ... immigration reforms will take a back seat. New administration in 2009 will have more immediate priorities to fix the economy, war, etc. Immigration will eventually appear on the radar, but only after some time.
So only movement I can see in near future is EB3 to EB2 conversion. That's OK too. because everyone has a right to straddle the lanes. Out of that stampede, some will get approved, some will get rejected, and will create more mess in the system. But that's inevitable ... and if a mass transition happens, USCIS will have no other option to bring in yet another rule to make their life easy, we all can guess ... what that may be ... I think this is one of the reasons why USCIS does not allow 140 premium processing anymore. Now those who are hopefull for EB2, my message is that USCIS can very easily justify visa wastage this year because of the extra load they got from Citizenship applications. Personally, I do not have much hope of USCIS working efficiently.
I am not trying to spread pessimism, but just giving my predictions. We all need to think hard, as to how can we come out of this mess. Flower campaign worked once, but doesn't mean that its gonna be effective again and again.
Now as far as those three bills are concerned ... at times I feel that they are just pacifiers to amuse the crying babies. We all can see that immigration related bill (fashion models, regional investors etc) are getting passed, but not the one's that we really want. Therefore hearings in the sub-committie and than in full hearings will go on till August, and afterwards presidential election will be the focus ... immigration reforms will take a back seat. New administration in 2009 will have more immediate priorities to fix the economy, war, etc. Immigration will eventually appear on the radar, but only after some time.
So only movement I can see in near future is EB3 to EB2 conversion. That's OK too. because everyone has a right to straddle the lanes. Out of that stampede, some will get approved, some will get rejected, and will create more mess in the system. But that's inevitable ... and if a mass transition happens, USCIS will have no other option to bring in yet another rule to make their life easy, we all can guess ... what that may be ... I think this is one of the reasons why USCIS does not allow 140 premium processing anymore. Now those who are hopefull for EB2, my message is that USCIS can very easily justify visa wastage this year because of the extra load they got from Citizenship applications. Personally, I do not have much hope of USCIS working efficiently.
I am not trying to spread pessimism, but just giving my predictions. We all need to think hard, as to how can we come out of this mess. Flower campaign worked once, but doesn't mean that its gonna be effective again and again.
more...
NolaIndian32
06-11 01:40 PM
Here is a small contribution from me today.
$25 check made out to IV - 6/11/08
Placed in mail to IV - 6/12/08.
$25 check made out to IV - 6/11/08
Placed in mail to IV - 6/12/08.
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TeddyKoochu
12-11 10:51 AM
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
Does anybody have any updates on the I485 Pre--Filing new procedure, that last I read was that this has got postponed to June (USCIS half yearly agenda). This is the only raft and lifeboat for us in the deep sea!
Does anybody have any updates on the I485 Pre--Filing new procedure, that last I read was that this has got postponed to June (USCIS half yearly agenda). This is the only raft and lifeboat for us in the deep sea!
more...
another one
07-06 08:35 AM
I think the biggest lesson for you will come in through this thread itself. You may find, after all, its not that easy to motivate people to take action, much less form a coherent strategy and run with it.
My guess is in the end you will come out cursing not just the core but all IV members for them lacking or something, because they can't get on board with your idea.
The only reason IV has been able to achieve something with such a low amount of "per capita" effort is because it's an "apoltical" and "volunteer" organization. You change that to "political", and amount of effort (time and money) people will contribute will fizzle out before you can have your post election party!
My suggestion: Open a parallel organzation. Learn what it takes to get people on board with your agenda. if you DELIVER SOMETHING, people will automatically follow you.
Funds will follow if people see viability. Anywaz nothing is coming out of lobbying efforts so currently how does it even matter ?
My guess is in the end you will come out cursing not just the core but all IV members for them lacking or something, because they can't get on board with your idea.
The only reason IV has been able to achieve something with such a low amount of "per capita" effort is because it's an "apoltical" and "volunteer" organization. You change that to "political", and amount of effort (time and money) people will contribute will fizzle out before you can have your post election party!
My suggestion: Open a parallel organzation. Learn what it takes to get people on board with your agenda. if you DELIVER SOMETHING, people will automatically follow you.
Funds will follow if people see viability. Anywaz nothing is coming out of lobbying efforts so currently how does it even matter ?
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mbawa2574
03-04 05:16 PM
Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
Obama is ready to give out a home loan to a drug dealer on the street but a hardworking,tax paying , wealth creator skilled immigrant won't get it.
So this is a new feature of Obama Nation:mad:
Liberals shame on you for electing this inexperienced socialist communist to the white house.
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
Obama is ready to give out a home loan to a drug dealer on the street but a hardworking,tax paying , wealth creator skilled immigrant won't get it.
So this is a new feature of Obama Nation:mad:
Liberals shame on you for electing this inexperienced socialist communist to the white house.
more...
chanduv23
11-24 05:27 PM
I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
Maybe we should get it from the horse's mouth and I am sure it is not easy because USCIS will not admit that 485s get denied when invoking AC21
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
Maybe we should get it from the horse's mouth and I am sure it is not easy because USCIS will not admit that 485s get denied when invoking AC21
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satyasaich
03-08 09:50 AM
I'm listening now and discussion is interesting
One needs Realplayer to listen to the hearings. But even then I only get a high pitched sound.
One needs Realplayer to listen to the hearings. But even then I only get a high pitched sound.
more...
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digital2k
05-07 04:20 PM
Vowww
It feels great to have called everyone and making sure friends call as well ..
Pls Don't wait any longer, pick up your phone and be part of it NOW
Make sure you motivate others also
Let those phones be busy for the GOOD
For your convenience here are all the details :
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1391371-cir-national-phone-campaign-29th-april-2010-to-14th-may-2010-a-post1751338.html#post1751338 (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1391371-cir-national-phone-campaign-29th-april-2010-to-14th-may-2010-a-post1751338.html#post1751338)
This is The call
Don't miss the chance
IV and We suceeded in July, 2 Year EAD and many more ...
Pls pick up the phone and do your bit
IV is YOU and is Your Best Friend
It feels great to have called everyone and making sure friends call as well ..
Pls Don't wait any longer, pick up your phone and be part of it NOW
Make sure you motivate others also
Let those phones be busy for the GOOD
For your convenience here are all the details :
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1391371-cir-national-phone-campaign-29th-april-2010-to-14th-may-2010-a-post1751338.html#post1751338 (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1391371-cir-national-phone-campaign-29th-april-2010-to-14th-may-2010-a-post1751338.html#post1751338)
This is The call
Don't miss the chance
IV and We suceeded in July, 2 Year EAD and many more ...
Pls pick up the phone and do your bit
IV is YOU and is Your Best Friend
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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...
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pmat
02-08 03:59 PM
Online status shows up as CERTIFIED.... :D
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JunRN
09-28 01:37 PM
It is not even considered yet and I don't think it will ever be considered. That amendment includes not only schedule A but also others and with proposal to increase the number as well.
How could it pass if it's carrying heavy-baggage, it won't move!!!
How could it pass if it's carrying heavy-baggage, it won't move!!!
more...
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continuedProgress
01-06 06:07 PM
Looking for info on ADIT photographs?
Option 1 - looking up photograph specifications in AP filing info.
Option 2 - search on google.
HTH
Option 1 - looking up photograph specifications in AP filing info.
Option 2 - search on google.
HTH
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let007live4ever
02-07 09:15 AM
AP isn't appoved yet. I have to wait for the approval in order to use that upon reentry.
And yes someone can surely mail me the document. In that case I just have to hope the AP dosen't have any misprints or something.
And yes someone can surely mail me the document. In that case I just have to hope the AP dosen't have any misprints or something.
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$eeGrEeN
09-10 12:38 PM
checking my rep.
GOTGC
07-24 03:09 PM
makes no sense.....
EB3 India setp 2006 wasnt even current in Jun 2007....
Since LuckyPaji mentioned his brother came on investors visa, I'm thinking even he applied under INVESTOR CATEGORY-EB5..
Probably he is right that he got EAD, 140 and 485 receit notices etc...:) ..
Anyway he is not sure about his category..So it could be EB5 which was NEVER retrogressed..
EB3 India setp 2006 wasnt even current in Jun 2007....
Since LuckyPaji mentioned his brother came on investors visa, I'm thinking even he applied under INVESTOR CATEGORY-EB5..
Probably he is right that he got EAD, 140 and 485 receit notices etc...:) ..
Anyway he is not sure about his category..So it could be EB5 which was NEVER retrogressed..
Libra
09-10 03:36 PM
thank you Guest007.
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