chantu
07-11 11:27 AM
I have one question?
I have case id for ETA form. I could see my details by downloading MDB file from flcdatacenter. How can I know whether I am EB2 or EB3? I do not want to ask my employer.
I have case id for ETA form. I could see my details by downloading MDB file from flcdatacenter. How can I know whether I am EB2 or EB3? I do not want to ask my employer.
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.
ultimo
07-24 08:53 AM
thats sad .
but they will come with a new bill after 2008 election :)
but they will come with a new bill after 2008 election :)
WillIBLucky
12-19 07:16 AM
There are many people who have contributed and will be contributing again. But can I know how would more money would have helped convincing Senator Sessions to say "Yes" for the bill??
I am not sure if more money would have passed the bill in Lame Duck session without Senator Session approving it. Also, the lawyers ask only for the service they render to you. They dont ask money for keeping your application with them and unable to process because of retrogression.
You may want to get in touch with core members if you have questions. They are very prompt in answering questions.Such posts will only create roadblocks to the momentum created on the forum by some of our members. It is time to help rather than ask. We have seen in the lameduck session how close we came to getting the bill passed. If IV was not there, even this much was not possible. We give thousands of dollars to our lawyers, can't we simply give 20 dollars to IV without asking questions and believing in this cause?
I am not sure if more money would have passed the bill in Lame Duck session without Senator Session approving it. Also, the lawyers ask only for the service they render to you. They dont ask money for keeping your application with them and unable to process because of retrogression.
You may want to get in touch with core members if you have questions. They are very prompt in answering questions.Such posts will only create roadblocks to the momentum created on the forum by some of our members. It is time to help rather than ask. We have seen in the lameduck session how close we came to getting the bill passed. If IV was not there, even this much was not possible. We give thousands of dollars to our lawyers, can't we simply give 20 dollars to IV without asking questions and believing in this cause?
more...
aarbi
07-06 03:12 PM
Anything we can do to get through without having to spend sleepless nights till Oct'.......
why would you have sleepless nights till Oct? Did you have sleepless nights before June 13th? Your sleepiness should be the same as it was before June 13th!
why would you have sleepless nights till Oct? Did you have sleepless nights before June 13th? Your sleepiness should be the same as it was before June 13th!
Caliber
07-15 08:11 AM
Posted $50.00 Check. With this my total contribution till now is $1200.00.
more...
Robert Kumar
12-02 07:38 AM
Thanks a lot for your reply 9 years...
How much time does one really need to prepare to file for labor these days ,please let me know. The time before filing the labor, if everything goes very fast.
How much time does one really need to prepare to file for labor these days ,please let me know. The time before filing the labor, if everything goes very fast.
Green.Tech
06-04 11:51 PM
Folks, the bills are going to be taken to the next level soon...We don't have much time....Please contribute financially for this cause so we can all get GC's sooner than later...
Who knows when our next opportunity will come!
Who knows when our next opportunity will come!
more...
samrat_bhargava_vihari
02-13 04:20 PM
It is an Emotional Achievement to me and free from lot of worries with boosted Energy.
villamonte6100
04-02 01:57 PM
Villamonte,
Thanks for ur support and understanding. I think we better let these guys take a shot at what they are about to do. Immature and narrow minded is what they are and thats how they wanna be. Looks like they've been watching those Indian vigilante movies a lot and they think that they can get away with fighting a foreign Govt agency. They'll understand what we meant when they receive a cold shoulder from USCIS :D.
Peace out!
D-E-D
No worries mate. Just trying to help clear things but I get rebutted all the time and I'm sure they are misinterpreting me.
I have nothing against them and as part of IV, I am just voicing an opinion which they could reject politely.
Some of the comments on my comments are really harsh as if I am personally attacking them.
You are right, it will be tough to dig into an agency that does approve your status here.
They can do whatever they want and good luck to them.
BTW, I used to have several red dots before and I don't know why they changed it to green. They still have a block on one of my IP address.
Thanks for ur support and understanding. I think we better let these guys take a shot at what they are about to do. Immature and narrow minded is what they are and thats how they wanna be. Looks like they've been watching those Indian vigilante movies a lot and they think that they can get away with fighting a foreign Govt agency. They'll understand what we meant when they receive a cold shoulder from USCIS :D.
Peace out!
D-E-D
No worries mate. Just trying to help clear things but I get rebutted all the time and I'm sure they are misinterpreting me.
I have nothing against them and as part of IV, I am just voicing an opinion which they could reject politely.
Some of the comments on my comments are really harsh as if I am personally attacking them.
You are right, it will be tough to dig into an agency that does approve your status here.
They can do whatever they want and good luck to them.
BTW, I used to have several red dots before and I don't know why they changed it to green. They still have a block on one of my IP address.
more...
senk1s
09-25 08:28 PM
i think AC21 doesnt impose a limit on the number of hops ...
thomachan72
04-10 12:53 PM
min contribution required is $25 per month
Hi Pappu,
I just joined the 12 mth subscription of $25. Please enroll me into the donor forum. Thanks
Hi Pappu,
I just joined the 12 mth subscription of $25. Please enroll me into the donor forum. Thanks
more...
vinvin24
05-03 02:09 PM
If there is a template for fax and regular mail, we can get more people involved in this campaign. Thank you for your efforts.
akp
07-20 12:30 PM
I don't believe all 750000 are EAD wannabies!
more...
vbkris77
12-10 06:34 PM
Biggest mistake or unlucky whoever missed July 07 fiasco.
Probably both!!! It ain't gonna happen again unless CIR passes or DoS changes their strategy.
Probably both!!! It ain't gonna happen again unless CIR passes or DoS changes their strategy.
Eb3_frustrated
04-25 02:44 PM
learining01,
if you dont like an idea, learn to let it go by, please do not try to impose your thoughts or enforce your will.
All members can suggest ideas, some are pratical, some are not. If you do not like an idea just let it go by....
if you dont like an idea, learn to let it go by, please do not try to impose your thoughts or enforce your will.
All members can suggest ideas, some are pratical, some are not. If you do not like an idea just let it go by....
more...
jfredr
07-24 12:11 PM
Is it a credit card or Green card?
both are good enjoy.
both are good enjoy.
virald
09-11 04:41 PM
I don't understand how they calculate PD dates?
Can anyone help me here please?
Thanks
You just asked the million dollar question. I can tell you with close to a certainty that no one here can give you a 100% correct answer.
Can anyone help me here please?
Thanks
You just asked the million dollar question. I can tell you with close to a certainty that no one here can give you a 100% correct answer.
komaragiri
08-02 04:26 PM
i am a 2nd july filer, my cheques were cashed today. filed at nebraska
Congrats !! Hopefully we all get some good news before the weekend !
Congrats !! Hopefully we all get some good news before the weekend !
miththoo
03-04 01:08 PM
I too noticed soft LUD on 485s last week for me and my wife
vallabhu
03-09 03:45 PM
Eating away from the regular Quota does not make sense to me, all the people who get the visas after the end of quota will not count for next year. Assuming this is true the number of required visas goes down for next year? Which may be partially good news.
I don�t know, I am just guessing things here.
I don�t know, I am just guessing things here.
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