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  • johnnybhai
    07-14 01:16 PM
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  • needhelp!
    09-12 12:09 PM
    I had started with the online press release sites, which one should be higher priority?




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  • ramus
    07-06 12:10 PM
    Please change subject of this thread or close it . It seems like we have new visa bulltein from DOS..




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  • dontcareanymore
    03-13 02:10 PM
    How does that work? There is no law or process to connect an abandoned labor. I had approved labor with a PD of 1999 that got lost when I switched companies. But no one seems to be connecting that to me.

    You can use that priority date if I140 was filed for you based on that and approved. Was I140 filed for you ? Or you just abandoned it while labor was pending ?? If the later, your employer must have made money when labor substitution was allowed :) (Making a BIG assumption here )



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  • texanguy
    09-10 05:25 PM
    i think they will have to wait till the end of the quarter to assign that quota, how would they know about the number of the prospective applicant ahead of time? They first have to make sure that "current" status people should get a visa number. Not a fact i like, but thats the way it is...
    But at the same time EB2 will get spillover from EB1 and EB2 ROW, so its expected that EB2 I will move forward. But how much that spillover is gonna be? Any data?




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  • ronhira
    07-06 03:21 PM
    what is this suppose to mean, should I be scared

    ronhira,

    Your post was reported a vulgar by another member. We do not encourage vulgar indecent language on the forum. You have left us with no other choice but to verify you, or else we will be left with no other choice to ban you from IV website. Please send us a phone number to reach you, or call us at 202/386-6250. If we do not hear from you in next hour, we will be forced to ban you.

    We value our message and do not allow others to use IV website to harm our goal.

    Please contact us immediately.

    IV team



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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.




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  • imv116
    07-09 06:09 PM
    Count me on too. Zip 90005

    -Imv116



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  • jonty_11
    07-06 10:52 AM
    I have reiterated this again and again. There is no way USCIS was going to accommodate all of us as per the original VB. We will form the biggest hump on the back of USCIS and it will probably 20 yrs for every one to come out of the system. Remember, how much math we did on how many years EB2 India /Eb3 india/china will take? Thats what they see as well. Why would they want so many applications backlogged. The only way they can disallow filings is by saying that there are no visa numbers available on day one. You have to have a visa number available at the time of 485 filing. They cleared out all the old PD's. Believe me, If the original bulletin was not current, they would have done the same in 90 days with some numbers gone waste. It was a bad situation for both agencies. I am not saying that they have not goofed up. they goofed up big time and I can clearly see the lack of communication on issue like this which effects so many people. We can use this as an opportunity to show case our root cause or we can use this in a detrimental way that will screw our nuts and bolts for 10 more years.
    I understand wht you mean...
    Our root cause (which cuases depays in getting GCs) is the USCIS is not efficient have process breakdowns and needs streamlining.....
    This press release substantiates that and hopefully IV and AILA will be able to use that in a positive way. However, apart from a law suit I do not think anything will get USCIS/DOS/Congresses attention.

    I am sure after this news, there will be questions asked by DHS (Chertoff) of the uSCIS.




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  • mjadala
    07-15 06:35 PM
    7YFTT-TQ791

    $:) 10 from me



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  • dummgelauft
    03-04 02:07 PM
    (1)EAD is NOT a status. Your status should be AOS, or H1B, L1, TN or whatever.
    (2) I personally know more than a dozen people (including myself) who hgot mortgages, and this was not even an issue.
    (3) You have a horse's ass for a lender. Just go to another bank. Countrywide is quite good, in my opinion. Go directly to them, not through a broker.




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  • deba
    09-09 12:50 PM
    Contributed $300 for rally. Go IV!

    Deb
    Contrib $600 so far + $300 for rally
    EB2 India PD 03/05
    I140 09/07
    I485 07/07



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  • optimystic
    09-10 04:32 PM
    To the commenter who red dotted with the comment

    "bas*$%^&d - Take it easy. Either u want the system the way it is, or if u want it reformed, someone else has the equal right to get the benefit. I want the people with oldest PD's to get GC first; but please be nice to others.
    "

    I dont think I said anywhere in my post that I don't want "someone else to have the equal right to get benefit"...

    What I actually said was in fact that everyone (not just some lucky ones) should have the equal right to get fair benefit within the scope of the existing set of rules that USCIS has itself put in place (Honoring PDs etc).

    Please read posts carefully before commenting. And I personally usually refrain from giving red dots and comments in the backgroudd (Somehow it just seems a bit cowardly to me..but that's just my personal opinion).

    And as far as bas*$%^&d, it was just a way of expression...Haven't you heard the phrase "You lucky bastard"

    ...although I agree people could percieve some element of frustration in there...and hence the 'no offence' additive in the brackets in my original post.

    I would rather be frustrated at USCIS which richly deserves everone's anger/frustration, than at some unknown lucky bas*$%^&d :D

    Now please go ahead and give me some greens so I can become eligible for the IV chat feature.... :D

    Btw, I also came across a 'red dot vigilante', who gave me a red dot with the comment "I usually give red dots to people who complain about red dots" . (This was for some other post). Nice work sir...You seem to have a lot of time on your hands to do some vigilante work on the side lines :) . Please give some red dots to USCIS :D




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  • Green.Tech
    06-12 09:38 AM
    Can we do better today (more than $125)?



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  • vxg
    09-10 11:55 AM
    One thing for sure USCIS do likes April fools day a lot as this the date they usually pick when the retrogress. This proves that a fool named DOS in love with April fools day.:)
    I don't know if anybody has noticed it but the dates for EB-2 for VB October 2007 was April 1, 2004 and for VB October 2008 is April 1, 2003. That is a retrogression of 1 year - not good. :mad:




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  • HV000
    07-22 12:28 PM
    NY/NJ/CT/MA Members -

    Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.

    Obviously, Sen.Obama does not care much for Indians!



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  • wandmaker
    05-22 10:09 PM
    ^^^^^^




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  • yibornindia
    11-25 01:51 PM
    The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.

    I agree with Chandu, we should try to get this from CIS. Just don't know how:(

    I am on EAD with an employer who doesn't understand or willing to work with any immigration issues. If my 485 will get denied in error, I will surely loose the Job, as leave without pay is also not an option for me. I wonder if I loose my job this way, will CIS consider this after an MTR or will again reject my 485 stating 'no job' as a reason?




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  • hopefullegalimmigrant
    12-28 09:06 AM
    Unfortunately this is not necessarily true. My receipt date is Sep 18. That is the reason I am asking around.




    chi_shark
    02-23 12:51 PM
    people,

    i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?

    --shark




    snathan
    02-13 08:39 PM
    get lost. If you contributed, thats enough. Just do your job and others will do theirs.

    This is the message I have got from this guy....

    I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.

    Just another junk in IV



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