Macaca
06-18 10:51 AM
Please post your concerns in Employment Based (EB) Skilled Immigration Applicants (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286&boardsparam=Page%3D3)
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nk2006
10-28 02:39 PM
Thanks to everyone who have already sent emails to Ombudsman. We need to do more to get positive results, please go to: http://immigrationvoice.org/forum/sh...ad.php?t=22182 and send those 4 letters.
Others who have not yet acted on this, please go to that thread; download the 4 letters and mail them.
As many people mentioned here and other web sites, the denials are continuing and we need to act now to stop this before it gets even worse.
(Please continue future discussion at: http://immigrationvoice.org/forum/sh...ad.php?t=22182)
Others who have not yet acted on this, please go to that thread; download the 4 letters and mail them.
As many people mentioned here and other web sites, the denials are continuing and we need to act now to stop this before it gets even worse.
(Please continue future discussion at: http://immigrationvoice.org/forum/sh...ad.php?t=22182)
phigi
08-12 01:02 PM
Is it legal to pass the fee hike to the employee? or is it like the Fraud Prevention fee which is illegal to be passed on to the employee..?
this will change the equation until companies assimilate this in and find the work around! well, it definitely eats into their 'profit' i guess!
this will change the equation until companies assimilate this in and find the work around! well, it definitely eats into their 'profit' i guess!
2011 and the 2011 red carpet in
GCKaMaara
02-23 04:34 PM
I am expecting about a year forward movement for EB2 India in April 2009 bulletin.
I hope they move EB3 India to 16-Oct-2001 :)
I hope they move EB3 India to 16-Oct-2001 :)
more...
gclabor07
09-01 08:56 AM
Arrived in US in August 1999.
Labor started with employer A in 2002.
Changed job with Employer B in 2006.
Attorney screwed up with new labor in October 2006.
Refiled new labor in July 2007.
Missed the July 2007.
Labor started with employer A in 2002.
Changed job with Employer B in 2006.
Attorney screwed up with new labor in October 2006.
Refiled new labor in July 2007.
Missed the July 2007.
wizpal
07-15 01:38 PM
Contributed 25 dollars via bill pay...
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immm
07-19 02:07 PM
Since both A and B were current at the time of AOS approval. Person with earlier RD will take precedence. however if the cut off date were April 2003, person B will get the visa.
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June, 2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
You forgot that there were another 150,000 applications in this example with RD prior to PersonB and it is very likely that many of them could have the PD of April, 2003. Therefore, PersonB will still not get it even though he/she has an older Priority date!!
I think that after this stampede of application filings in June/July/August, USCIS needs to sort them by PD first otherwise people with older priority dates will suffer simply due to the volume of applications filed!!
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June, 2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
You forgot that there were another 150,000 applications in this example with RD prior to PersonB and it is very likely that many of them could have the PD of April, 2003. Therefore, PersonB will still not get it even though he/she has an older Priority date!!
I think that after this stampede of application filings in June/July/August, USCIS needs to sort them by PD first otherwise people with older priority dates will suffer simply due to the volume of applications filed!!
2010 The 2011 Grammy#39;s Red Carpet
h1techSlave
10-01 01:42 PM
IV is looking in the right direction in the long term.
IV, sure is looking at a long term solution. I did not criticize that strategy. IV should continue to work for a permanent fix.
Currently for IV, this long term fix is the #1 priority. I was suggesting that IV should make the long term fix a #2 priority. And make #1 priority as improving efficiency at USCIS.
IV, sure is looking at a long term solution. I did not criticize that strategy. IV should continue to work for a permanent fix.
Currently for IV, this long term fix is the #1 priority. I was suggesting that IV should make the long term fix a #2 priority. And make #1 priority as improving efficiency at USCIS.
more...
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.
hair Rihanna Red Carpet for the
ashkam
05-02 10:07 AM
Why is there so much discussion surrounding this stimulus package, I thought all of were highly skilled, high educated clique who made the big $$.
I have seen numerous occasions where people boast of large pay packets, bill rates, and now this is a measly $1,200, an amount that could be made with working 2 days is generating such a huge discussion. This does not add up???
Not everybody on this forum earns 144,000 a year. What world are you living in my friend? Do you not get out that often?
I have seen numerous occasions where people boast of large pay packets, bill rates, and now this is a measly $1,200, an amount that could be made with working 2 days is generating such a huge discussion. This does not add up???
Not everybody on this forum earns 144,000 a year. What world are you living in my friend? Do you not get out that often?
more...
mayitbesoon
10-08 09:41 AM
Diptam,
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
hot Can Rihanna still shock people
unseenguy
02-11 01:22 AM
OMG , what an utterly disgusting attitude !!! and on top of it, you are trying to "summarize" ???
I tried to stop myself from posting on this thread since it's based on one guy's circumstances and though I feel sorry for him ( the same way I feel sorry for all the wives and their families being extorted huge sum of money in the name of marriage ) , it's hard to judge these things knowing only one side of the story.
To each his own , but do you think your parents spent their whole lives bringing you up only to know that you think it's "legally" not right to help them monetarily ???? I guess, they should have not spent that extra money to send you to a good school/college or spend it on your tution classes and kicked you out of their house once you reach the age of 18 , like some parents do here ??? Man, it's hard for me to imagine how one can think like that about their parents.
When someone gets married they should be grown up enough to handle the money matters and put their foot down in case of any unreasonable demands, it applies to both husband and wife. The intricacies of the "Indian arranged marriage" are difficult to understand and the equations vary from case to case, so it's better not to come to a judgement and come out with something utterly nonsensical.
I'm sorry if my post is a bit rude , what rude comments beget rude reactions !
Yeah right. Your wife should cook for your parents all her life because you were sent to a good school by them.
I tried to stop myself from posting on this thread since it's based on one guy's circumstances and though I feel sorry for him ( the same way I feel sorry for all the wives and their families being extorted huge sum of money in the name of marriage ) , it's hard to judge these things knowing only one side of the story.
To each his own , but do you think your parents spent their whole lives bringing you up only to know that you think it's "legally" not right to help them monetarily ???? I guess, they should have not spent that extra money to send you to a good school/college or spend it on your tution classes and kicked you out of their house once you reach the age of 18 , like some parents do here ??? Man, it's hard for me to imagine how one can think like that about their parents.
When someone gets married they should be grown up enough to handle the money matters and put their foot down in case of any unreasonable demands, it applies to both husband and wife. The intricacies of the "Indian arranged marriage" are difficult to understand and the equations vary from case to case, so it's better not to come to a judgement and come out with something utterly nonsensical.
I'm sorry if my post is a bit rude , what rude comments beget rude reactions !
Yeah right. Your wife should cook for your parents all her life because you were sent to a good school by them.
more...
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golferpete
07-01 02:14 AM
My case is certifed as of today
PD Nov 2004
RIR
Will be filing asap
PD Nov 2004
RIR
Will be filing asap
tattoo Tags: 2011 Grammy Awards,
Nibiru
09-02 08:39 AM
Came here in 98. Applied in 2003. Waiting ever since. Had enough of this BS. I was ok until they started screwing around with EAD's and AP's this year. Recently, got a a couple of offers in India ranging from 30 - 45 lac / yr. Thinking of going back. Its not worth waiting in this line anymore.
more...
pictures red carpet 2011 grammys
ravikanthe
09-13 03:20 PM
Order Details - Sep 13, 2007 12:40 PM GMT-07:00
Google Order #949176417011663
Google Order #949176417011663
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mbawa2574
09-13 07:03 PM
With EAD ,can you register a LLC/Inc ? Has anyone tried this ?
more...
makeup at the red carpet lady Can
dslamba
05-27 03:35 PM
If I may suggest it may help our funding drive if we allow smaller contributions. (20$ or 10$) both recurring and one time.
I know at least a couple of people who would do a 20$ 2-3 times a year but won't do a $50. Anecdotal but may hold true for a lot more people.
-dslamba
I know at least a couple of people who would do a 20$ 2-3 times a year but won't do a $50. Anecdotal but may hold true for a lot more people.
-dslamba
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glus
07-05 12:48 PM
I Just Faxed Dc Offices Of The Following Senators With My Personal Letter:
Clinton Fax: 202-228-0282
Cantwell Fax: 202-228-0514
Schumer Fax: 202-228-3027
Kennedy Fax: 202-224-2417
Cornyn Fax: 202-228-2856
Clinton Fax: 202-228-0282
Cantwell Fax: 202-228-0514
Schumer Fax: 202-228-3027
Kennedy Fax: 202-224-2417
Cornyn Fax: 202-228-2856
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nirenjoshi
03-09 06:14 PM
Added info about April VB to past VBs table.
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
The way dates are moved doesn't seem to have any fact based intelligent logic.
Pardon my ignorance, but where does the data on the last 2 columns - the one for I-485s - come from? And does that includes Family+EB?
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
The way dates are moved doesn't seem to have any fact based intelligent logic.
Pardon my ignorance, but where does the data on the last 2 columns - the one for I-485s - come from? And does that includes Family+EB?
needhelp!
09-10 03:25 PM
Based on the number of contributers, my guesstimate is that we are at close to $6000 right now...
$24K more to go...
Thank you Amma, caliguy, biomd, GCOP , natrajs !!
$24K more to go...
Thank you Amma, caliguy, biomd, GCOP , natrajs !!
imm_pro
09-12 02:11 PM
Thanks IV...way to go.
Just made a modest contribution of $200.
Order Details - Sep 12, 2007 11:28 AM PDT
Google Order #313190031134013
Just made a modest contribution of $200.
Order Details - Sep 12, 2007 11:28 AM PDT
Google Order #313190031134013
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