Macaca
09-14 06:25 PM
Foreign workers with skills find open door After waffling, the U.S. suspends the wait to apply for green cards (http://immigrationvoice.org/forum/showpost.php?p=127944&postcount=788) By Teresa Watanabe (teresa.watanabe@latimes.com) | Times Staff Writer, July 21, 2007
wallpaper The dream gap-year jobs
needhelp!
09-10 03:32 PM
rajtester, immivjj, missourian, loudobbs, venkata555, iqube00, texcan, glen
More thank yous coming
More thank yous coming
glub
07-18 07:39 PM
Even though future VISA bulletins show PD way earlier than your PD, your I-485 may get approved since you are in the system.
So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.
REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.
This is contrary to every description of the process that I have read so far... I don't believe your I-485 will get approved just because it is in the system, the PD has to be current at the time of processing...
So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.
REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.
This is contrary to every description of the process that I have read so far... I don't believe your I-485 will get approved just because it is in the system, the PD has to be current at the time of processing...
2011 Top Gap Year Jobs
lccleared
09-10 09:24 PM
Small Contribution of $ 100 through Paypal. Confirmation # 2SX022305K271564K.
more...
gc_wow
03-12 11:57 AM
roughly I have donated close to $300-$400 for IV,i dosent matter if it says donor or member what ever as long as you are contributing something to iV.Ieven donated 25 for foia.
spicy_guy
08-12 12:02 PM
He is slamming consultancy businesses. all together, clearly!
America will pay through the nose for this move.
+2K. Are they crazy?
America will pay through the nose for this move.
+2K. Are they crazy?
more...
wandmaker
07-11 12:18 PM
can they even withdraw 140 after more then a year now?
employer can withdraw the 140 any time before the approval of 485 - there is no time limit.
employer can withdraw the 140 any time before the approval of 485 - there is no time limit.
2010 to do gap year jobs in
mita
09-10 02:20 PM
I am not sure if USCIS will move beyond April 2004 until Jan 2009 due to the holidays and election and as someone said they want to take it easy. Even if they move the dates it does'nt help unless they approve cases with certain process in place.
more...
Green.Tech
05-23 12:25 AM
wondering how yu came up with a list of contributors.......if i provide my transfer confirmations to IV and still cannot find my name in the list then how will I trust the veracity of yur list.....
....not for an argument but a query
Not sure but I guess the IV team is just picking names from when people post confirmation of the contribution, and quite likely inadvertently missed your name....
...not for argument either but I won't worry too much who is or is not on the list...I will just be content with contributing...who cares if I am on the list or not! :)
Thanks for your contribution!
....not for an argument but a query
Not sure but I guess the IV team is just picking names from when people post confirmation of the contribution, and quite likely inadvertently missed your name....
...not for argument either but I won't worry too much who is or is not on the list...I will just be content with contributing...who cares if I am on the list or not! :)
Thanks for your contribution!
hair Gap Year Abroad
GCwaitforever
06-20 02:44 PM
One of my friends received labor approval from Philly. His priority is October 2003, EB3, Non-RIR. Of course, my PD is from November 2001 and one other guy's is from August 2002. They were not processed, but my friend got a break from the drab BEC. Strange things happen in life. :)
more...
dreamgc_real
05-05 08:24 AM
Called the Republican Senators in Tier 1 late yesterday evening.
>Sen Brown: He is against amnesty, but will look at our proposals
>Sen Gregg: Will review the draft
>Sen Lugar: Has supported immigration bill before, will give the message
>Sen. Ensign: Against amnesty, will pass message regarding our provisions
>Sen. Graham: Left the message
>Sen. Hatch: Left the message
>Sen Enzi: Left message
Offices closed, will call the rest today.
>Sen Brown: He is against amnesty, but will look at our proposals
>Sen Gregg: Will review the draft
>Sen Lugar: Has supported immigration bill before, will give the message
>Sen. Ensign: Against amnesty, will pass message regarding our provisions
>Sen. Graham: Left the message
>Sen. Hatch: Left the message
>Sen Enzi: Left message
Offices closed, will call the rest today.
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Milind123
09-15 02:50 PM
Bump
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house Gap Year Jobs | Charity
Waitingnvain
05-04 10:21 AM
Hey Guys:
My PD is June 2001. I believe my attorney replied to the 45-day letter in Sep 05. Nothing has happened after that. The wait continues..
My PD is June 2001. I believe my attorney replied to the 45-day letter in Sep 05. Nothing has happened after that. The wait continues..
tattoo Gap Year Programs
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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bigboy007
06-04 11:59 AM
why not ? 140 and 485 can be filed at same time if dates become current.
dresses Working holidays, gap year
pappu
08-24 07:59 AM
If there is abuse of the system, then people should go ahead and complain to USCIS WITH PROOF. Writing hearsay stories on the forum without proof will not help solve anything.
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makeup Work in Kenya, on a gap year
eb3_nepa
07-05 01:19 PM
People Instead of "PREDICTING" what will happen in Oct 2007, Call and FAX Now!!
My local Congressman's office was very sympathetic and will look into it. Unless you make a noise, no one will hear you or even care.
My local Congressman's office was very sympathetic and will look into it. Unless you make a noise, no one will hear you or even care.
girlfriend A gap year job with the
MDix
03-10 11:23 AM
This is turning out to be TRUE.
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
I am expecting lot of REDs on this one.
Thanks,
MDix
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn’t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
I am expecting lot of REDs on this one.
Thanks,
MDix
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn’t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
hairstyles The dream gap-year jobs
dipmay2002
11-05 02:14 PM
If my Wife's employer starts GC for her on EB2, can my case be ported / interfile to her's? She is dependent on my GC application. :eek:
pappu
08-08 10:20 AM
Everyone,
I have recieved only one op-ed from yabadaba . Several people had promised. This is a reminder to everyone and anyone new on this forum.
For those who want to know what an op-ed is pls visit
http://en.wikipedia.org/wiki/Op-Ed
en.wikipedia.org/wiki/Op-Ed
thanks
I have recieved only one op-ed from yabadaba . Several people had promised. This is a reminder to everyone and anyone new on this forum.
For those who want to know what an op-ed is pls visit
http://en.wikipedia.org/wiki/Op-Ed
en.wikipedia.org/wiki/Op-Ed
thanks
Caliber
07-14 02:01 PM
I am trying to pay thru PNC Bank. When trying to add IV, there are 2 options. One is With number and the second Without number.
eb3_nepa: Could you please put some guidelines on how to use BillPAy? Sorry for the ignorance.
eb3_nepa: Could you please put some guidelines on how to use BillPAy? Sorry for the ignorance.
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