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.
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django.stone
03-05 11:51 AM
My case does not have a LUD.
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indio0617
03-15 09:24 AM
The link you have sent has listed Dirksen 224 as the venue on the top left, while in the middle it does say
The Executive Business Meeting scheduled by the Committee on the Judiciary, for Wednesday, March 15, 2006 at 9:00 a.m., will take place in Dirksen Room 226.
There is no audio link for rroom 224 on capitolhearings.org....does anyone have any idea on where else can we can the audio from?
Same here. Just joined.. No audio yet. Looks like it has not begun yet...
The Executive Business Meeting scheduled by the Committee on the Judiciary, for Wednesday, March 15, 2006 at 9:00 a.m., will take place in Dirksen Room 226.
There is no audio link for rroom 224 on capitolhearings.org....does anyone have any idea on where else can we can the audio from?
Same here. Just joined.. No audio yet. Looks like it has not begun yet...
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lonedesi
08-11 08:33 AM
Members who mailed the letters & form please post here and let us know so that we get an idea how many people actually took part in this campaign so far.
more...
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sunnysharma
07-18 04:28 PM
My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).
The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
"On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."
Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!
.
You will be able to see your actual RD in the reciept notice...Donot worry..
The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
"On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."
Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!
.
You will be able to see your actual RD in the reciept notice...Donot worry..
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villamonte6100
04-01 02:38 PM
Guys don’t presume you don’t have rights for this and that. late in spring of 2005 I had a meeting with my state’s senator and he took all my details and wrote to Backlog Center in Philadelphia. After 2 months his office called me and send me the correspondence they got from BEC. They had description about my file etc. my labor was cleared in a month after that. Apparently BECs informed his office about the approval too, and to my surprize they called me up again and told me the news. They are public office they are answerable to us, we need to ask…
I'm not saying we don't have rights, but what you are asking are the internal workings of a government agency.
You can't even vote. You can't even just change employers without hassle. You can't even just leave the country and come without proper documents. You can't even apply for a student loan. You can be deported any time you have a problem. You can't even renew your driver's license without showin proof of proper residency.
Even with GC your rights are still not as good as a US citizen.
Yes we do have rights.
But the government is only answerable to a certain level. You cannot ask for information of the internal workings of a government. That's not going to happen.
I'm not saying we don't have rights, but what you are asking are the internal workings of a government agency.
You can't even vote. You can't even just change employers without hassle. You can't even just leave the country and come without proper documents. You can't even apply for a student loan. You can be deported any time you have a problem. You can't even renew your driver's license without showin proof of proper residency.
Even with GC your rights are still not as good as a US citizen.
Yes we do have rights.
But the government is only answerable to a certain level. You cannot ask for information of the internal workings of a government. That's not going to happen.
more...
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santb1975
05-23 11:53 AM
I remember you. You have made a 50$ one time contribution and signed up for 50$ monthly recurring contribution. Am I correct?. Your name has been counted once in the one time contribution pool and once in the recurring contributions pool
Actually I paid $100 and not $50. It was two $50 on the same day.
Actually I paid $100 and not $50. It was two $50 on the same day.
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pani_6
07-24 07:40 PM
EB-3 I wake up and send the letter out..we need to make relevant authorities aware of our situation. Uncertanity and doom stares us come on EB-3 I lets see some action!
more...
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GCNirvana007
09-17 06:21 AM
Looks like IL is the place to get the license. No questions asked and you will get 5 years. I just had my license renewed for 5 years in Aug 2008 by mail even though my H1 expires in Oct 2009.
No questions asked - 6 yrs in CT. Now fetch that. :p
No questions asked - 6 yrs in CT. Now fetch that. :p
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needhelp!
03-12 12:49 PM
So you want the people who are working on the initiatives to to go through and read and respond to every individual?
wow!
I support the donor idea. But there is no transperency to who is leading what initative. If i want to contribute my time, i have to read through the posts every day for several hours to find who is leading the effort so i can discuss with them. Sometimes i feel there is so much more talk.
Why don't we list out the initiatives that is being considered or worked on. Along with some contact information so people can discuss offline with them. I cannot be online for several hours and read through all the discussions and still not find out who is coordinating the efforts.
wow!
I support the donor idea. But there is no transperency to who is leading what initative. If i want to contribute my time, i have to read through the posts every day for several hours to find who is leading the effort so i can discuss with them. Sometimes i feel there is so much more talk.
Why don't we list out the initiatives that is being considered or worked on. Along with some contact information so people can discuss offline with them. I cannot be online for several hours and read through all the discussions and still not find out who is coordinating the efforts.
more...
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kkt_tkk
09-07 01:18 PM
Hi,
I entered in to USA on 11/1999, still working on H1B
GC: PD is 2005, EB3
I can't port to EB2, as my education is combinational (Diploma + AMIE), not 4-year single degree.
Thanks,
KKT
Pappu excellent post full of true facts. Being smart in my opinion means being knowledgeable and aware of the current situation at any given point of time rather than being ignorant and indifferent. Most of the time doing some basic research can lead an individual to the right option that is legally consistent and correct, it�s really never too late to correct course. Yes there will be street smart people (Sub labor being one example) who will game the system but besides other things let�s accept that they know how things work. Life is about learning and then What Next? It�s really about continuous improvement and trying to move in the right direction. Not having the desired end result is fine but not doing anything or not trying is bad. Very nice and motivating stories from some of the veteran�s you give us the motivation to hang on. OP you seem to have started a nice discussion.
I entered in to USA on 11/1999, still working on H1B
GC: PD is 2005, EB3
I can't port to EB2, as my education is combinational (Diploma + AMIE), not 4-year single degree.
Thanks,
KKT
Pappu excellent post full of true facts. Being smart in my opinion means being knowledgeable and aware of the current situation at any given point of time rather than being ignorant and indifferent. Most of the time doing some basic research can lead an individual to the right option that is legally consistent and correct, it�s really never too late to correct course. Yes there will be street smart people (Sub labor being one example) who will game the system but besides other things let�s accept that they know how things work. Life is about learning and then What Next? It�s really about continuous improvement and trying to move in the right direction. Not having the desired end result is fine but not doing anything or not trying is bad. Very nice and motivating stories from some of the veteran�s you give us the motivation to hang on. OP you seem to have started a nice discussion.
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mpoov
02-27 11:47 PM
is there any hope for bridge legislation in '08?....or this year will pass by due to the elections?......is there any realistic chance of bridge amenment ever being passed?....i am starting to lose hope now......
no hope.. everything has made mess!!
no hope.. everything has made mess!!
more...
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abhishek101
09-01 03:24 PM
Landed in july 2000
Changed employer in nov 2000
Joined a fortune 10 company in aug 2001, they had a policy to wait for 1 year before any GC application.
Started process in August 2002, Finally labor was filed in March 2003
May 2004 Company bought another company and in merger my department was closed, Was laid off in October 2004, was lucky enough that a job I had interviewed internally came through. Started with them in October 2004 but with a 20% salary cut :(
Finally labor was approved in 2005.Got 140 approved in Jan 2006.
Dates became current in June 2007 but lawyer delayed the filing till July when all dates became unavailable. Due to political pressure dates became current and was able to file for 485.
Got married in Nov 2008.
Company bought another company in 2008 and the merger resulted in job loss again in April 2009.
Was lucky enough again to find another job in the company.
Within 1 month got another job offer in the company with a promotion. So after 2004 came back to original salary in 2009.
Still in 2010 I am not making as much money as I made in 2000-2001 when I had just landed.
Talked to my new manager in Dec 2009 to apply GC in EB2 since it is a VP position with 8 year experience requirement he said a big NOOOOOOOO.
Finally boss agreed to start the new GC in EB2 in July 2010.
Talked to lawyer and after evaluation they agreed that my new job is more than 50% different from my old jobs and hence I can use the experience.
Started the process with the lawyer but since it is a big company all processe take forever to begin :(
Changed employer in nov 2000
Joined a fortune 10 company in aug 2001, they had a policy to wait for 1 year before any GC application.
Started process in August 2002, Finally labor was filed in March 2003
May 2004 Company bought another company and in merger my department was closed, Was laid off in October 2004, was lucky enough that a job I had interviewed internally came through. Started with them in October 2004 but with a 20% salary cut :(
Finally labor was approved in 2005.Got 140 approved in Jan 2006.
Dates became current in June 2007 but lawyer delayed the filing till July when all dates became unavailable. Due to political pressure dates became current and was able to file for 485.
Got married in Nov 2008.
Company bought another company in 2008 and the merger resulted in job loss again in April 2009.
Was lucky enough again to find another job in the company.
Within 1 month got another job offer in the company with a promotion. So after 2004 came back to original salary in 2009.
Still in 2010 I am not making as much money as I made in 2000-2001 when I had just landed.
Talked to my new manager in Dec 2009 to apply GC in EB2 since it is a VP position with 8 year experience requirement he said a big NOOOOOOOO.
Finally boss agreed to start the new GC in EB2 in July 2010.
Talked to lawyer and after evaluation they agreed that my new job is more than 50% different from my old jobs and hence I can use the experience.
Started the process with the lawyer but since it is a big company all processe take forever to begin :(
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thomachan72
06-03 09:07 AM
The whole thing is very confusing sir. Just like the bible, for which different groups come up with different interpretations, we are being confronted with many intrepretations for this bill. Lets look at what the IV has to provide in the bill summary they have posted. Most probably that is a version prepared by the "patton-boggs" law firm.
more...
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test101
07-05 04:08 PM
Please no web faxes.. if you want to do anythin fax you personal story.
personal stories and simple words are making effect more than standered fax.
personal stories and simple words are making effect more than standered fax.
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bestofall
07-15 03:55 PM
Immigrationvoice
Immigrationvoice
$ 5.00 07/21/2008 7YFGW-Y382V
Immigrationvoice
$ 5.00 07/21/2008 7YFGW-Y382V
more...
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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
Has anybody encountered this recently?
Thanks
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matreen
07-15 03:20 PM
Then add Immigration Voice as payee
and give address
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
don't I need to provide the account number of IV there.?
and give address
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
don't I need to provide the account number of IV there.?
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bharol
08-16 10:24 PM
Looking at the recent approvals looks like USCIS does the following:
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
swo
07-20 06:41 PM
...welcome to the new nightmare, someone did say something about the grass been green on the other side..now that we are on the other side we wait for 485 to be current while we renew EAD/AP each year, fingerprint every 15 months and aviod the namecheck black hole...maybe this is what they(uscis) wanted after all...a steady income stream...good luck :)
Funny! And we screamed to be there :)
Funny! And we screamed to be there :)
GCwaitforever
04-02 11:49 AM
I have not seen one single person getting so many red dots for playing a devils advocate and trying to defend USCIS. :D
All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.
You have seen what happened to the Ombudsman and his reports. Year over year, same findings pile up in his reports and he finally left. If someone who has internal access to USCIS workings and has a mandate to change USCIS functions to benefit us - the paying customers, could not relieve inertia of USCIS, I suspect you and I do not have much of a chance.
Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.
All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.
You have seen what happened to the Ombudsman and his reports. Year over year, same findings pile up in his reports and he finally left. If someone who has internal access to USCIS workings and has a mandate to change USCIS functions to benefit us - the paying customers, could not relieve inertia of USCIS, I suspect you and I do not have much of a chance.
Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.