Tuesday, June 14, 2011

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  • GCKarma
    07-06 11:12 AM
    Man, in frustration people do not even know what to say and what not! Be very careful of what you spin and what you say. From the looks of it, this stuff has every chance of spinning out of control and it may have already started the ball rolling.Think about it for a second!. Once it goes that way, trust me, we will all live to regret that.
    Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
    Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
    Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.

    It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
    ~AMK

    Atleast those 25,000 people have EAD.Think about the remaining 700 thousand people who are in a deep shit




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  • TomTancredo
    03-04 01:45 PM
    I have an RFE on my 485 (EB3 I SEP 2004 )....




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  • coolmanasip
    07-05 10:15 AM
    good one.....I have also sent a letter to my state senators....will go to the congressman office




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  • yabadaba
    07-11 08:52 AM
    I congratulate everyone whoes PD becomes current beginning of next month. But be aware that all of this is no good until USCIS acts on it. USCIS has to match and increase their pace of processing I-140 & I-485s for people to benefit of this movement. There are thousands of people whose PD have been current since April of this year and still they see no movement on their cases. PD becoming current is just the first & crucial step in the this long process, but now it all depends on how well USCIS responds by processing cases in FIFO manner.
    dude..dont rain on our parade...everyone knows the harsh realities.. i myself said earlier that only half the battle is won...but the least we deserve is one day of hope.



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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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  • sam2006
    09-12 11:12 PM
    Done
    Changed the Equation



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  • saimrathi
    07-06 11:01 AM
    I missed the URL in the previous post..
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=81e6b0f8a0150110VgnVCM1000000ecd190aRCR D&vgnextchannel=34165c2af1f9e010VgnVCM1000000ecd190a RCRD


    USCIS has a section for Outstanding americans.. can we contact some of them with the issue at hand..

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=81e6b0f8a0150110VgnVCM1000000ecd190aRCR D&vgnextchannel=34165c2af1f9e010VgnVCM1000000ecd190a RCRD




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  • gcisadawg
    02-09 05:27 PM
    Morally it is right to send money to parents, but legally it is not. As you can strive but, you wont be fair to either set of parents. Hence I believe "money" should not be sent to parents. Your parents should have planned their own future, including humanitarian needs. Only if your other half agrees, then only you should send money. Otherwise, it is your and your spouse's money.


    Yes, you are right! The Indian parent should have given their retirement a very high priority than their kids education. There are millions of middle class parents who didn't care about their retirement but worried and planned for their kids future by spending not only money but also precious time.

    How many Indian origin parents in US invest in their children to make them a 'well rounded' personality so that these children can go to IVY leagues? I believe, it is time for them to focus on their retirement than to spend money on Kumon, Music/Dance classes, soccer/swimming lessons, softball/little league, chess lessons, spelling bee etc...
    And why should they move to a sprawling four bedroom home in a suburb and save on heating cost by making their home as an igloo? The reason is their kids can get more space to play around, get a sense of community and build friends.

    Just a 3BR aptmt should suffice. And why would a returning NRI want to enroll his kids in an International school?

    Your post is a great eye-opener to NRI parents here! It is time for them to do what is
    'just enough' for their kids and load up their IRA, 401K and after tax mutual fund or probably put it in a CD or stash it under a mattress! You know why, the ungrateful kid doesn't care about the parents even during humanitarian crisis!

    Here is my figment of imagination if society stoops to that level...

    Our hero would visit his parents apartment with his wife in tow, alight from his beamer and tell "Alright dad, It's OK if you don't have money to treat your cancer. We would surely help you thru our contacts. Our temple group has a special program. Also it's a great advantage that my wife has lots of contacts in her part-time business. She's also a part of a church group that takes up urgent humanitarian needs..Don't worry, we'll make it"



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  • Green.Tech
    06-11 08:36 PM
    a small contribution for now I will set up recurring soon. Can't thank you guys enough for being such a great support network. Not to be preachy, are we the same people who stood an united front against the Brits?





    Paypal Receipt ID: 3JA591826E386220Y

    Thanks jayZinDC...Hope your contribution inspires a few others!




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  • paisa
    09-10 02:40 PM
    Guys,
    Its only Green card and I am not sure why people get upset big deal. Nobody asked us to move here. And if there is a system in place we cannot be saying its bad and this and that. My PD is DEC 04 do I feel bad someone in 2006 gets it. YES. Is the system crappy yes. I have a MS in US. So all this hoopla about US ms are getting it and not us is wrong. The other question is should I be getting it over others who dont have a MS from US. I believe yes we should.

    but thats my thoughts on the subject if someone does not like it I respect his thoughts.



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  • Blessing&Lifeisbeautiful
    10-23 12:34 AM
    They are proposing to recapture 61,000 unused visa for Schedule A. Keep praying everyone!




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  • immi_enthu
    08-10 06:14 PM
    Any updates from USCIS regarding lockbox & receipting dates?

    it's still not a week since 08/03/2007 for USCIS :D. they have more 7 days in a week :rolleyes:.



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  • browncow
    03-12 02:20 PM
    I do not support this donor ONLY idea.
    Also, Day 1, the FOIA initiative had a goal of $5K.
    And without reason, the goal was increased to $10K.

    So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
    stay consistent.




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  • 485Mbe4001
    08-13 04:37 PM
    Till last year EB 3 would get additional visa from the leftovers of ROW, both EB2 and EB 3-I would benefit from the ROW visia, now all the visas are going to EB2, so i agree with you, there is little hope for EB 3.

    Why are there no repurcussions if USCIS admits that they were incorrectly allocating the visa earlier. they can suddenly change the rules and everybody keeps quiet....strange.


    EB-3 won't need help when everyone else is done because the only people left to allocate visas would be EB-3 only . I guess we are just in for a long long wait.



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  • ItIsNotFunny
    10-20 12:55 PM
    Folks - there is going to be some changes in the strategy here. I have discussed this issue with IV core and we will update the new strategy soon, until then you may continue to send the letters.

    Folks who are running the campaign - please keep this thread alive.

    nk2006, pdrecap and others who are active please make sure your profiles are upto date on IV and please join your state chapters.

    nk2006, pdrecap I will discuss with you offline on the next steps. I will send you a PM.

    Can we make this thread like a sticky on home page?




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  • Sachin_Stock
    08-23 09:49 AM
    Does it mean the eligibility criteria/job requirement for EB2 is changed from Bachelors + 5 years of experience to Bachelors + 10 years of experience?

    Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.



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  • himu73
    07-11 12:40 PM
    Is this the same bulletin as in uscis website. I dont see the August bulletin on Uscis website and the EB2 PD is still April 2004




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  • vayumahesh
    11-30 01:54 PM
    Just noticed there is an update on LUD on my previous EAD (not the current one). Not sure what that means though. Still waiting for response after sending interfiling letter.




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  • ajay
    03-17 10:29 PM
    Jayant,
    But again, the thing to know about this stimulus package/rebate is that this is not FREE money; it is merely an advance on your 2008 tax return. Remember that and think twice before you spend it foolishly. Better still, send it to IV, contribute to an IRA or fund your kid's 529 plan.
    What you said is not right according to the following IRS FAQ:
    Q. Will the payment I receive in 2008 reduce my 2008 refund or increase the amount I owe for 2008?

    A. No, the stimulus payment will not reduce your refund or increase the amount you owe when you file your 2008 return.
    Courtesy by the link:
    http://www.irs.gov/newsroom/article/0,,id=179181,00.html




    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.




    HV000
    07-23 12:42 PM
    DEMOCRATIC SENATORS like Hilary, Biden, Obama, Kerry, Kennedy,
    Dodd, Durbin blah blahed a lot for ILLEGAL IMMIGRATION but DID NOT HELP SKILLED IMMIGRANTS!!!

    MOST OF THE REPUBLICANS HELPED US!!



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