Sunday, June 19, 2011

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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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  • burnt
    01-07 03:28 PM
    Has anyone done refinance from BOA on EAD / AOS (expired H1B & I-94)?

    My current home loan is with BOA & I am trying to refinance with them, but they say we can't approve now because of status. I locked in rate in Sept. 2010 & now I am stuck as rates have gone up. After 4 months they have denied.

    I don't know how to proceed further. They are not ready to give any letter & the lending policy. Any suggestions please......

    I got my loan financed from BOA. I was putting 25% down on 550K home. They did not ask me even a single proof of my status before approving the loan . I am on EAD. Just a thought. May be you can increase the amount you are putting out of your pocket and may be they will approve. Again, just check this with them




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  • JazzByTheBay
    03-12 04:11 PM
    Hate to be repetitive, so just read my prev response.

    jazz

    Here is my point. I spend several hours 3-4 hours at least every day looking through the forum posts hoping to find ways i can contribute to efforts. There are several ideas that are generated in the forum. But cannot find out who is leading it. All i am saying is if we can have a listing of initiatives with some names associated. So i can contribute to the ones that i can support.

    I am not sure if i am asking for too much here. I am not a IT guy. I do not know what it takes to post it in the front page.




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  • hopefulgc
    09-12 05:26 PM
    ^^^
    apun also ready
    lets do it.





    Hi All,

    Lots of people agreeing.
    singhsa3, since you started it, finalize on what we all need to do.

    Thanks



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  • swo
    07-21 04:05 AM
    Kindly note yourself John, that using fonts like this are obnoxious. Also note that in America we write it like this: 240,000. Not 2,40,000. I'm not sure why I keep seeing this here. Is this some kind of Indian thing?



    Kindly note,
    This particular Cornyn amendment (S.Amdt. 2339) offered to attach to H.R. 2669 (College Cost Reduction Act of 2007 ), but the motion was failed due to lack of 5 votes.(55 YEAS and 40 NAYs. Require 3/5 majority) HR.2669 is passed by both Senate and house and sent for conference to resolve the difference between house and senate versions and president is sure to sign the bill and thus would become the law in another few days. This amendment does not have anything to do with defence bill, which itself is a failed bill or with SKILL bill. Following is the actions taken by congress of HR 2669.

    IF THE AMENDMENT HAD PASSED WE WOULD HAVE GOT ATLEAST 2,40,000 RECAPTURED, UNUSED VISAS OF PREVIOUS YEARS IN ANOTHER FEW DAYS.


    H.R.2669
    Title: To provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008.
    Sponsor: Rep Miller, George [CA-7] (introduced 6/12/2007) Cosponsors (31)
    Related Bills: H.RES.531
    Latest Major Action: 7/20/2007 Resolving differences -- Senate actions. Status: Senate insists on its amendment, asks for a conference, appoints conferees Kennedy; Dodd; Harkin; Mikulski; Bingaman; Murray; Reed; Clinton; Obama; Sanders; Brown; Enzi; Gregg; Alexander; Burr; Isakson; Murkowski; Hatch; Roberts; Allard; Coburn.
    House Reports: 110-210
    MAJOR ACTIONS:
    6/12/2007 Introduced in House
    6/25/2007 Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-210.
    7/11/2007 Passed/agreed to in House: On passage Passed by recorded vote: 273 - 149 (Roll no. 613).
    7/20/2007 Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 78 - 18. Record Vote Number: 272.
    7/20/2007 Resolving differences -- Senate actions: Senate insists on its amendment, asks for a conference, appoints conferees Kennedy; Dodd; Harkin; Mikulski; Bingaman; Murray; Reed; Clinton; Obama; Sanders; Brown; Enzi; Gregg; Alexander; Burr; Isakson; Murkowski; Hatch; Roberts; Allard; Coburn.




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  • Libra
    09-11 08:52 PM
    thank you venkat_gc for your conribution. please let us know if you want any help in attending rally.



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  • AllVNeedGcPc
    03-22 10:05 PM
    ... thanks for sharing.

    My First Post :

    Initial EB3 - 07/2003 with fortune 200 company, got laid off in 10/2010 after working with them for 11 years.

    Joined small company in 11/2010, Perm EB2 - 12/22/2010 - Approved on 01/06/2011
    I140 Premium - 03/02/2011. Both 140 and 485 approved on 03/15/2011 - Current Law Firm received 140 approval notice on 03/18/2011, Previous company's law firm received 485 approval on the same day.




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  • SGP
    05-25 01:02 PM
    Thanks LONGGCQUE and forgerator. For the benefit of others, I will post the time time it took to get approval as soon as I get it.

    It seems Feb 2011 is a golden era for PERM approvals , almost similar effect of July 2007. I have noticed people who filed in February got their PERM approvals in under 2 weeks.

    I just got a response today from my employer that my labor has been approved today :D under EB3. It was applied on March 29 & approved today (May 25) its just shy of 2 months.



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  • somegchuh
    01-03 03:35 PM
    I think this is a really complex issue. We go thru a lot of thoughts now and then.

    When I think rationally this is what I am concerned about:
    1. Social isolation from family (brother/sisters/extended family) in the long run.
    2. Inability to support aging parents.

    The second issue weighs down on my soul more because supporting aging parents is a debt we are all supposed to pay back (regardless of ethnicity/class/caste/nationality/...). We are not supposed to run away from it. Some of us are lucky to have sibilings who are supporting the parents back home and that makes it a little easier. I know some of us even have single parents living by themselves.

    The long wait makes it hard for you and wife. So you really feel frustrated and want to leave. At the same time waiting for GC your career has been stagnating for years, your wife hasn't had a job in years and that makes going back harder. Its like being stuck between a rock and a hard place. Things seem good with a GC in US and they look good back home but we seem to be getting neither ... *sigh*




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  • reedandbamboo
    09-12 07:20 AM
    while you'll contemplate raising the funds and resources for the lawsuit AND try to figure out the rationale for the reverse movement in dates AND while you'll ponder the unfairness of it all, please visit this thread and join us in VOICING OUR DISSATISFACTION:

    http://immigrationvoice.org/forum/showthread.php?t=21340



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  • Libra
    07-06 03:43 PM
    You might be senior member than me, i may not post my comments more offenly, i just read what others are saying. Even i dont mean to disrespect you, and whatever i said below is not to offend you. I hope you understand

    I don't mean to disrespect you but I guess you are going too far with your words. [COLOR="Black"]We are with IV much before you born.[/COLOR...really core born in 1970's i cant beleive that]. ok so do not dare teach us what we should be doing, with your 49 posts there are many who had 200 to 300 posts but dont say a sensible word

    Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
    this is not my agenda, and by the way am not asking USCIS to give back my money which i paid in fees, i have that much sense, if they dont accept my app then they dont draw my money. first read my post properly and then comment and am not living in any dream, when USCIS can do anything they can do this one too. and this is my opinion not IV's. I made that comment because many of them discouraging other by -ve talk

    I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.

    What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
    Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.




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  • amitjoey
    05-07 01:28 PM
    i called 3 senators so far,

    they r not sharing the senators stand but they are saying we understand this and we will pass on your message.

    thay did not note anything. they did not ask name & other details also.

    am i doing correct or am i missing anything?

    You are doing everything right.



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  • mhathi
    07-18 07:45 PM
    the $20/mnth was pulled a while back- hardly anyone was signing up for monthly contributions and everyone went for the lwoest amount. all in all a shameful situation. my humble suggestion- in a lumpsome, donate the amount equivelant to 20/mnth for the next 4 mnths ie $80, then when the EAD comes you can start recurring contributions.

    Thanks! That is exactly what we discussed after posting the above. Check will be on the way for $80 soon.




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  • asharda
    09-09 03:42 PM
    My 1 cent (percent) towards 30K --- $300/-

    Go IV. All the best for your effort. Sorry I will be out of country and can't make it but I will be watching closely.

    Best wishes

    Google Order #829616371917763



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  • franklin
    07-21 04:39 PM
    Thank you for the clarification cpolisetti and others :)

    I find it somewhat suspicious that someone who has joined IV this month and posted only on this issue, without any input from the core team who I know work closely with those on the hill, is trying to rally our community efforts.




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  • eb3_nepa
    07-14 01:10 PM
    Done!

    Thanks Johnnybhai.



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  • GCwaitforever
    04-13 06:20 PM
    I received a reply from Dept of Labor. According to that, my e-mail to Elaine Chao is directed to them and they say Labor certification is an employer driven process blah blah .. and only employer and attorney can request the info, and so I have to talk to my employer.

    Then they say backlog is expected to be eliminated by September 2007. And they are looking for ways to improve transparency in "Permanent Backlog centers".

    In summary, a hopelessly bureaucratic message. I doubt if they ever read the e-mails.




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  • new2gc
    08-23 08:26 AM
    This line is not good:

    (ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;

    First they were after H1b...Now I-140 then they will come after EAD and even GC....sooner or later....no matter how loud we cry for justice....




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  • gc_on_demand
    07-15 08:12 AM
    Just sent 10 USD using BOA bill pay : 7YDGQ-HNRRZ


    GO IV GO...




    pmat
    03-13 01:03 PM
    How long does it take to receive the cert in mail?

    nixstor,

    mine took 20 days.




    rajesh_kamisetty
    07-14 07:42 PM
    Just galon of gas...



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