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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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  • Macaca
    09-12 01:19 PM
    Skilled legal immigrants from all over US will rally peacefully in Washington DC on Sep 18 at 9:00 AM. The rally wants to draw Congress's attention to 10+ year delays in skilled employment based (EB) immigration. The rally is being organized by Immigration Voice (http://immigrationvoice.org), a non-profit grassroot advocacy group of skilled EB immigrants from all countries.

    It takes 7+ years (after 2+ years on student visa followed by 1 year on practical training) to become a resident. Some of these immigrants have returned to their countries (or gone to other countries) causing reverse brain drain: educating immigrants on tax payer dollars to compete against the tax payers. There are 1+ Million immigrants in EB immigration process.

    EB immigrants have patiently waited 2+ years with focus on every other kind of immigration reform. This is inspite of the fact that EB immigration has the simplest solution: increase EB immigrant quota and streamline EB immigration process.

    Skilled EB immigrants are scientists, engineers, business administrators, health care professionals, ... These immigrants are college educated but also have US MS and US PhD.

    EB immigrants have generated millions as Visa Education and Training Fee (http://www.bibdaily.com/pdfs/CRS%20H1B%20fees%20Jan%202007.pdf) (through visa application fee) and contributed billions to Social Security System (http://www.aila.org/content/default.aspx?docid=12396).

    Please cover the rally and EB immigration issues during rally week.




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  • sbindval
    07-06 11:31 AM
    As the saying goes..."Justice delayed is Justice Denied"

    Considering our opportunity cost, many of us may be better off packing our bags and heading back - this may have an impact on the feds, the companies and people at large who think that WE are a burden on the society. All these artificial barriers and hurdles are a reflection of this.
    Its quite apparent that there is no end game in sight, there is no motive here(ref to subash and gandhi message by asharda), no end game...it can only get worse. The Feds have succeed in Scr....wing US.

    bottom line - Do we really add value to the society here?
    convince the people and this will be the ONLY solution to our problems.


    My brothers in blood, please calm down� Mahatma Gandhi had his own way of fighting for freedom and so did Subhash Chandra Bose. They must have agreed and disagreed with each other on many things. But at the end of day, their motive was the same �Justice and Freedom�.

    We might have our differences, our opinions and ways of doing things, but we need to understand that our motive is the same. We should stop bickering with each other and concentrate on the main goal. We should keep encouraging our members to join hands and unite and fight for the cause.

    Though you might not agree with each other, you still need to see how severely the issue must have affected the other person which is why they are here and ready to fight.

    Please pull your swords to fight the injustice rather than fight with each other.

    PEACE!




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  • Libra
    09-12 01:39 PM
    thank you EAD, hope you can make it to DC rally too.



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  • ramus
    07-19 08:25 PM
    Thanks.. Lets ask others to contribute and get ready for next big fight..

    Thank you.


    Contributed one time $100. Will not hesitate to do so in the future. Nice job IV!!!

    Most media articles on the 485 issue had one common note "This normally not so vocal group of legal working immigrants have stood up and spoke". IV made sure that will not be so anymore and we have a strong resonating voice that will make a difference

    Anil




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  • freakin_gc
    12-15 07:16 PM
    diptam : Whether your I-140 is approved now?

    I've sent 7001 to Ombudsman , Contacted Congressional offices and ultimately filed a Service request in Nov 1st week. After all this NSC opened my case yesterday Dec 9th and the status changed to "RFE sent" - there you go ! They bought at least 2 months extra time.

    What a bunch of jokers at NSC - my case was extremely straight forward :(



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  • hcard
    04-30 08:29 AM
    TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS

    http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html

    http://judiciary.house.gov/oversight.aspx?ID=435




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  • Madhuri
    10-21 12:23 PM
    Just emailed and will also send a snail mail tonight.



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  • shukla77
    06-11 01:14 PM
    Wow ... Although I am not in consulting business so dont know all the fundas, but what seems interesting to me is "making 100K from 100~200K from active trading and investing in other areas". So I can make 50K if I have 50-100K to invest. Pretty hefty returns :D.. I wish we could chat over the lunch or something


    It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
    And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.




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  • quizzer
    08-20 05:11 PM
    My wife's DL renewal is pending for more than 2 months...When we contacted DMV they said its pending clearance from DHS (homeland security) and it could take take 120+ days to get their approval.

    Has anybody encountered this recently?

    Thanks



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  • greencard_fever
    03-04 06:29 PM
    I checked the online status of our 485 application after long time..i totally lost hope on our 485 applications that USCIS ever bothered to work on them..but strange thing is i have noticed a soft LUD on my wifes case..this gives me some hope..:D




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  • Buran
    10-13 11:25 AM
    For FY2006 (Oct 1st, 2005 - Sep 30, 2006) a total of 30,512 Schedule "A" visas were used.

    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table07d.xls

    Schedule "A" was current from June 1, 2005 till October 31, 2006
    According to DHS statistics 5,125 schedule "A" visas were used in FY2005 (June 1st, 2005 - Sep 30, 2006).

    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2005/table07.xls

    So, from June 1, 2005 till September 30, 2006 only 36,367 Schedule "A" visas were used.

    Now if 50,000 were available under schedule "A" what happen to 50,000-36,367=14,363 visas? I doubt very much that so many petitions were filed in October 2006 - the last month when this category was current and for new applicants the only option was AOS, even considering the fact that consulates conducted interviews in October, 2006 and November, 2006 they could not use 14,363 visas! Especially considering the fact that not all applications got approved (because of the Visacreen, etc).



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  • willwin
    06-10 10:30 AM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html



    Much awaited bulletin which says no numbers for EB3 and that come Oct 2008 Eb3 I will go to Nov 2001 again. What a news!!!

    enjoy!!!

    "E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

    Based on the informaiton available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.

    It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from “All Other Countries” would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.

    F. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

    Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become “unavailable” beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year."




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  • nlssubbu
    07-24 06:33 PM
    This is good information to know. If this is the case, then at least once in a year they have to make all the categories current. May be for September every year so that they do not waste any VISA numbers.

    Again that depends on the demand vs supply. To have every one approved in EB3 (esp back logged countries), EB1 (All countries), EB2 (All countries) has to be current. Then the extra visas flow down to EB3 (ROW) and to all back logged countries (India, China, etc).

    I am still wondering how DOL made all countries current in July bulletin. I think it is mainly due to many Labor Applications in BEC is either replaced by PERM or might not make all the way up to I-485. Many of us 2001 / 2002 filers discussed this theory a lot and did came to the conclusion that such a back log is artificially created as DOL, DOE and USCIS, who does not know exactly how many are there in approvable condition.

    That is proved beyond doubt by the July bulletin :)

    Hey guys make hey while the sun shines. I wish all of you will get GC much faster than us.

    Thanks



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  • gctest
    09-15 04:21 PM
    I have not raised anything yet. We do have a number of members ready to support. We are getting there. People, please come forward. Lets get this thing going.
    Send me a PM if you are not sure about posting on the forums here.



    GCTest and et al if you have really raised 600 $ talk to good lawyer to sure the hell out of USCIS for its un accountability. This EB3 - EB3 rift is not going to help anyone but only USCIS. Take a chill pill and think carefully who has screwed us most -- IT IS USCIS. If you sue USCIS for unaccountability, changing rules at will and worst of all racial discrimination or new term for country based discrimination -- it is history waiting to happen.

    There is no value or point in creating Eb3 - Eb2 rift. No category is better than either - all are equally and royally screwed by USCIS.




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  • Jimi_Hendrix
    08-01 04:02 PM
    I have worked as a newspaper editor. I have very decent writing and editing skills. If you need help let me know.



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  • reddy_h
    08-26 12:58 PM
    I took out a loan from HDFC last year in India. Their service was decent and their rates were also low. No prepayment penalty after 1 year. You can check your balances online and they now offer electronic payments also. ICICI has higher rates, so I wouldn't recommend. SBI requires lot of paperwork and processing time, so you should weigh this in before approaching them.




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  • gc_chahiye
    07-24 10:00 AM
    I applied for PERM in Sep 2006 - EB3 - India.

    I applied for I-140 and I-485 concurrently in Jun 2007.



    on what date in June? Were you one of the July 2 filers? Because you were
    not current in June, had you applied, your I-485 would be rejected.


    I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP.

    Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.


    no July filer has received a receipt for any filing, forget about getting an EAD within 2 weeks.

    I-140 premium processing was stopped in July, and in regular NSC has been taking 6-8 months.

    Nothing in your story is adding up...




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  • newbee7
    07-05 11:48 PM
    Guys...digg this one religously..
    For the first time one article connects our needs to what Americans are interested in; Homeland security.




    Sachin_Stock
    08-23 10:09 AM
    Those who initiated the panic attack, I want them to explain what so frightening about this memo!? Please put forth your points.




    snathan
    08-12 12:17 PM
    True. But why then does an employee want to join such company ? It is not that you are not aware of all these before you step to this country through Infy or TCS ?

    I never worked for them. But I have seen so many people suffering and they are ready to suffer to be in the US. I dont want to deviate from the thread..so lets stop this discussion about INFY.



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