wandmaker
06-09 12:29 PM
i was regular contributor to IV ..I stopped it ..
My request is ..
All postings on IV should identify the user as contributing member or a Free User.
That change will help IV to increase Funding ..
I will sign up for monthly recurring to IV if I see above change ..
You can add your contribution details to the signature. Remember, all the IVans are not paid for volunteer work. If you have time, please feel free to write the component compatible with joomla, paypal and google-checkout to implement this. We need to focus our energy on the action items, which will bring the benefit to immigration community through the bills that are in table.
My request is ..
All postings on IV should identify the user as contributing member or a Free User.
That change will help IV to increase Funding ..
I will sign up for monthly recurring to IV if I see above change ..
You can add your contribution details to the signature. Remember, all the IVans are not paid for volunteer work. If you have time, please feel free to write the component compatible with joomla, paypal and google-checkout to implement this. We need to focus our energy on the action items, which will bring the benefit to immigration community through the bills that are in table.
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greyhair
04-30 09:25 PM
Sen. Kyl: Has also released a press statement, did not read it, asked me to check it on the senators webpage. Took my opinion though.
Senator Jon Kyl Press Office (http://kyl.senate.gov/record.cfm?id=324534)
Kyl and Graham have released the press statement together -
Kyl, Graham Response to Partisan Democrat Immigration Proposal
WASHINGTON, D.C. � U.S. Senators Jon Kyl and Lindsey Graham today made the following statement in response to the immigration reform proposal announced by Senate Democratic Leader Harry Reid and other Democratic Senators:
�A conceptual paper that promises everything to everyone is not the same as responsible legislation that compiles the best ideas from both sides of the aisle. The Senate Democrats� proposal is nothing more than an attempt to score political points. It poisons the well for those of us who are working toward a more secure border and responsible, bipartisan reform of our immigration laws.
�What is being billed as a comprehensive immigration and enforcement package, is actually far more permissive than the 2007 bill. It doesn�t provide the funding to ensure that the border is actually secured, it doesn�t end chain migration, and there is no real temporary worker program. Both of us have been involved in serious efforts to pass comprehensive immigration reform, and believe, given the increase in violence along the border, that additional border security measures must be funded immediately.
�Since 2007, threats have increased, some border technology has failed, and the American people have lost confidence in the federal government�s ability to secure our borders. So it is our belief that Congress should focus on border security first and that will eventually allow Congress to seriously consider bipartisan immigration reform, instead of politically-motivated �conceptual papers.�
�Most of the border enforcement measures that have been proven effective can be achieved by appropriating necessary funding. We need to work on a bipartisan basis to get this done.�
Senator Jon Kyl Press Office (http://kyl.senate.gov/record.cfm?id=324534)
Kyl and Graham have released the press statement together -
Kyl, Graham Response to Partisan Democrat Immigration Proposal
WASHINGTON, D.C. � U.S. Senators Jon Kyl and Lindsey Graham today made the following statement in response to the immigration reform proposal announced by Senate Democratic Leader Harry Reid and other Democratic Senators:
�A conceptual paper that promises everything to everyone is not the same as responsible legislation that compiles the best ideas from both sides of the aisle. The Senate Democrats� proposal is nothing more than an attempt to score political points. It poisons the well for those of us who are working toward a more secure border and responsible, bipartisan reform of our immigration laws.
�What is being billed as a comprehensive immigration and enforcement package, is actually far more permissive than the 2007 bill. It doesn�t provide the funding to ensure that the border is actually secured, it doesn�t end chain migration, and there is no real temporary worker program. Both of us have been involved in serious efforts to pass comprehensive immigration reform, and believe, given the increase in violence along the border, that additional border security measures must be funded immediately.
�Since 2007, threats have increased, some border technology has failed, and the American people have lost confidence in the federal government�s ability to secure our borders. So it is our belief that Congress should focus on border security first and that will eventually allow Congress to seriously consider bipartisan immigration reform, instead of politically-motivated �conceptual papers.�
�Most of the border enforcement measures that have been proven effective can be achieved by appropriating necessary funding. We need to work on a bipartisan basis to get this done.�
chennaigc
04-01 08:00 PM
paying customers.
One word and it is golden word indeed!!!!
One word and it is golden word indeed!!!!
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skv
06-20 01:13 PM
Mine was filed in Feb 07. My lawyer has opened an inquiry and its pending too
I feel sorry for you, it shouldn't take that long. I don't know what the hell it's going on at Atlanta PERM center.
If we miss the boat this time, it's going to be tough.
I feel sorry for you, it shouldn't take that long. I don't know what the hell it's going on at Atlanta PERM center.
If we miss the boat this time, it's going to be tough.
more...
ilikekilo
04-30 05:09 PM
Some idiot gave me a red for asking for this translation...Whoever that is, please note that not all speak Hindi and I wanted to know what the poster was saying. So, go screw yourself if you don't like it.:mad::mad:
how do u know if someone gives u red?
how do u know if someone gives u red?
Macaca
09-14 09:22 AM
Is It Fixed Yet? (http://immigrationvoice.org/forum/showpost.php?p=162079&postcount=1055) NY Times Editorial (editorial@nytimes.com, executive-editor@nytimes.com, managing-editor@nytimes.com), September 9, 2007
Suit Planned Over Visas for the Highly Skilled (http://immigrationvoice.org/forum/showpost.php?p=101240&postcount=620) By JULIA PRESTON (juliapreston@nytimes.com) | New York Times, July 6, 2007
A Floral Protest Over Job-Based Visas (http://immigrationvoice.org/forum/showpost.php?p=106380&postcount=682) By NINA BERNSTEIN (nbernstein@nytimes.com| New York Times, July 11, 2007
Suit Planned Over Visas for the Highly Skilled (http://immigrationvoice.org/forum/showpost.php?p=101240&postcount=620) By JULIA PRESTON (juliapreston@nytimes.com) | New York Times, July 6, 2007
A Floral Protest Over Job-Based Visas (http://immigrationvoice.org/forum/showpost.php?p=106380&postcount=682) By NINA BERNSTEIN (nbernstein@nytimes.com| New York Times, July 11, 2007
more...
Legal
07-05 12:42 PM
I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.
We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.
Dear Senator,
I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).
Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.
We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.
Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1) Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2) Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.
I make this sincere request on behalf of all legal skilled immigrants with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.
Dear Senator,
I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).
Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.
We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.
Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1) Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2) Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.
I make this sincere request on behalf of all legal skilled immigrants with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
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madhu345
02-24 04:18 PM
May be our kids in future will have to wait inline for Indian Residency:p
more...
smuggymba
08-12 01:15 PM
I dont think this will change anything ...
2. Desi consulting companies here with more than 50 employees will split them selves into 2 or 3 companies of less than 50 employees and avoid the 2000$ extra fee...
ROFL:D:rolleyes::p:)
2. Desi consulting companies here with more than 50 employees will split them selves into 2 or 3 companies of less than 50 employees and avoid the 2000$ extra fee...
ROFL:D:rolleyes::p:)
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gg10004
03-17 11:38 PM
Just a question. Why would you file jointly if your wife doesn't work (i.e. doesn't have SSN)?
--- if you really meant to ask---
Simple answer - More standard deduction with one more dependant as wife
IRS made it mandatory to use SSN because illegal immigrants use ITIN to file taxes. This affected the legal immigrants also where ITIN is used in case of dependants who dont have work visa. If you are not legally eligible to work, you dont get SSN.
The two options left for legal immigrants are -
File separate returns one for self with ssn and another for wife using ITIN and calim one stimulus rebate for 600$
but then you get single standard deduction and your AGI is more that affects your federal and state tax.
If you do the math, its better to file a joint return and forego the stimulus rebate.
There is a catch too, if wife later gets EAD and thus SSN, you can ammend your tax return and claim the stimuls rebate
--- if you really meant to ask---
Simple answer - More standard deduction with one more dependant as wife
IRS made it mandatory to use SSN because illegal immigrants use ITIN to file taxes. This affected the legal immigrants also where ITIN is used in case of dependants who dont have work visa. If you are not legally eligible to work, you dont get SSN.
The two options left for legal immigrants are -
File separate returns one for self with ssn and another for wife using ITIN and calim one stimulus rebate for 600$
but then you get single standard deduction and your AGI is more that affects your federal and state tax.
If you do the math, its better to file a joint return and forego the stimulus rebate.
There is a catch too, if wife later gets EAD and thus SSN, you can ammend your tax return and claim the stimuls rebate
more...
reddymjm
09-02 04:43 PM
Landed in Dec 1999.
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Jerrome
01-10 10:55 AM
I have been reading all the posts, in my opinion we all came here broadly because of 2 reasons.
a) Want to earn more money
We have considered our parents are of Middle Class family and We wanted to be the UPPER Class parents to our childern.
b) Want to achieve Career Goals.
We have always considered US is the place where you would find the latest of everything ex. Car, Electronics, Life Style etc.. We wanted to enjoy.
When time passed these things have got changed in our home country, But at the same time we could not make a decision because of other factors which would influence our Decision.
In my opinion IF YOU have become a US citizen MENTALLY then you don't think of going back, You have to ask this question to your self. AM i a US Citizen Mentally or Indian Citizen?. If the answer is Yes to US Citizen then having Green card or not having does not matter, you would stick to US and won't think of going back.
The problem lies with people like me Who could not find a answer to the Question So simply because of following reasons.
a) Professional Life
I like to work in US because, i can spend more time with family, i don't have to drive a lot to go to work, i can leave at 6 every day.
b) Personal Life
I am afraid because i dont like the family or personal life style here is US. I COULD NOT accustom myself to this life style and i am afraid What if my Kids started behaving like American youngster at his/her 20s and 30s, i am afraid about my 60s.
c) How much($$$$) do i need to Settle in India.
when i came to US at first i thought i would go back to india if i have 1 crore, but when time goes by, i came to know that now a days in india people who have 1 Crore are considered as Middle Class, The ultimate reason for me to come here to us is to become UPPER CLASS but the TARGET keeps slipping. Somehow i could not conclude how much i need to go back to INDIA.
So i am also confused like you guys.
a) Want to earn more money
We have considered our parents are of Middle Class family and We wanted to be the UPPER Class parents to our childern.
b) Want to achieve Career Goals.
We have always considered US is the place where you would find the latest of everything ex. Car, Electronics, Life Style etc.. We wanted to enjoy.
When time passed these things have got changed in our home country, But at the same time we could not make a decision because of other factors which would influence our Decision.
In my opinion IF YOU have become a US citizen MENTALLY then you don't think of going back, You have to ask this question to your self. AM i a US Citizen Mentally or Indian Citizen?. If the answer is Yes to US Citizen then having Green card or not having does not matter, you would stick to US and won't think of going back.
The problem lies with people like me Who could not find a answer to the Question So simply because of following reasons.
a) Professional Life
I like to work in US because, i can spend more time with family, i don't have to drive a lot to go to work, i can leave at 6 every day.
b) Personal Life
I am afraid because i dont like the family or personal life style here is US. I COULD NOT accustom myself to this life style and i am afraid What if my Kids started behaving like American youngster at his/her 20s and 30s, i am afraid about my 60s.
c) How much($$$$) do i need to Settle in India.
when i came to US at first i thought i would go back to india if i have 1 crore, but when time goes by, i came to know that now a days in india people who have 1 Crore are considered as Middle Class, The ultimate reason for me to come here to us is to become UPPER CLASS but the TARGET keeps slipping. Somehow i could not conclude how much i need to go back to INDIA.
So i am also confused like you guys.
more...
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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.
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09-12 03:02 PM
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bobzibub
06-11 04:04 PM
I keep reading we should fight for out rights and all. I am just curious
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
People don't come here to work for someone else. They come to work for themselves (and eventually) hire Americans. If USCIS released their internal data as they've been asked and the numbers show that you've got to wait two decades for a green card, that is tantamount to them hanging a sign saying: "We don't serve Indians; We don't serve Chinese." They might as well just close and wind down operations.
People come for economic opportunity, and economic opportunity when you work for someone else is limited. Certainly less than in Canada, India and China when you work for yourself. People bring their creativity and ideas and hard work and the US benefits immensely from this skilled labour pool. They've also come because USCIS has put the foot ball in front of them, only to pull it back after we're years into the process.
A sign saying "We don't serve Indians or Chinese" *is* discrimination. But I would also use the word "fraud" for that is what it is: We paid for an advertised service. We spent years waiting for that service. We did not get that service. Pretty simple.
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
People don't come here to work for someone else. They come to work for themselves (and eventually) hire Americans. If USCIS released their internal data as they've been asked and the numbers show that you've got to wait two decades for a green card, that is tantamount to them hanging a sign saying: "We don't serve Indians; We don't serve Chinese." They might as well just close and wind down operations.
People come for economic opportunity, and economic opportunity when you work for someone else is limited. Certainly less than in Canada, India and China when you work for yourself. People bring their creativity and ideas and hard work and the US benefits immensely from this skilled labour pool. They've also come because USCIS has put the foot ball in front of them, only to pull it back after we're years into the process.
A sign saying "We don't serve Indians or Chinese" *is* discrimination. But I would also use the word "fraud" for that is what it is: We paid for an advertised service. We spent years waiting for that service. We did not get that service. Pretty simple.
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dtekkedil
10-01 04:26 PM
I am curious..
why USCIS/ DOL needs a law to re-capture visa # which were not used in previous years ?
I mean Congress already authorized these ? Canot DOL/ UCIS make a judgement based on their own ?
thanks,
There is no law to allow re-capture of visa numbers as of yet. In fact it says the opposite in the existing laws - That the visa numbers may not be re-captured.
There has been one case of visa recapture law passed during the Clinton administration and they did not allow a rollover recapture (I believe they recaptured the visa numbers that were lost between 1995 and 2000 only (please correct me if I am wrong about the years))
why USCIS/ DOL needs a law to re-capture visa # which were not used in previous years ?
I mean Congress already authorized these ? Canot DOL/ UCIS make a judgement based on their own ?
thanks,
There is no law to allow re-capture of visa numbers as of yet. In fact it says the opposite in the existing laws - That the visa numbers may not be re-captured.
There has been one case of visa recapture law passed during the Clinton administration and they did not allow a rollover recapture (I believe they recaptured the visa numbers that were lost between 1995 and 2000 only (please correct me if I am wrong about the years))
more...
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skv
06-18 04:01 PM
I don't think it's possible, or people will all file to Chicago. There is one thing you can do though, which is to write to Atlanta center and express your concerns. Probably also write to the higher officials to the Department of Labor. I believe the more people write to them, the more chances they will look at it seriously.
I have wrote to the office of DOL secretary, Elaine Chao, to express my concern and that the deplay could mean seriously delay for us, who live and work in the country legally, pay taxes and fees, to file for green card application. I suggest you all to do this.
I agree. Email and call below dol personnnel as well.
Tom Coyne on 312.596.5435.
E-mail : coyne.tom@dol.gov
I have wrote to the office of DOL secretary, Elaine Chao, to express my concern and that the deplay could mean seriously delay for us, who live and work in the country legally, pay taxes and fees, to file for green card application. I suggest you all to do this.
I agree. Email and call below dol personnnel as well.
Tom Coyne on 312.596.5435.
E-mail : coyne.tom@dol.gov
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HV000
07-21 09:04 AM
Is there a chance that this Amendment can be introduced thru a different bill later this year???
Important thing to Note here is that Sen.Durbin argued for safeguards for H1B Abuse. If Cornyn and Durbin can make some compromises, then this amendment might pass in the future!![/B]
Important thing to Note here is that Sen.Durbin argued for safeguards for H1B Abuse. If Cornyn and Durbin can make some compromises, then this amendment might pass in the future!![/B]
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baleraosreedhar
09-12 02:48 PM
Instead of sending Pen,clock and flowers on 1 day , for a big impact lets send it for continously for 5 days starting on Sept 29 monday and ending on Oct 3 friday.
This way atleast Main Stream media will hear our woes and help in getting the message to the right parties.
This way atleast Main Stream media will hear our woes and help in getting the message to the right parties.
dhesha
09-08 11:49 AM
I think, we should try to make a law that says to give the citizenship after 5 years from the day when I-1485 was filed (and not when it was approved). This will benefit majority of us who have waited forever after filing I-1485 and does not deserve to spend another 5 years if they wish to take Citizenship.
amitjoey
07-18 04:43 PM
Is this discussed already , I am not aware , because I am just following this site since a week.
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