lonedesi
08-08 09:05 AM
Since we are trying to address I-140 delays in general at TSC and NSC, can we just send a general letter to Ombudsman's office without specifying our case and DHS Form 7001 ?
This way it will turn out to be a letter campaign.
What do you think ?
My understanding is if you send a general letter, you will get a general response (standard template) from the Ombudsman's office. For that matter, you don't even have to send the general letter, because I will provide you with the response you can expect to receive from Ombudsman's office without the DHS Form 7001.
----------------------------------------------------------------
"
Thank you for your recent correspondence to the Office of the
Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I
appreciate your comments regarding I-140 processing at the Service
Centers. We are well aware of the processing delays at all of the
Service Centers. Currently the TSC is processing I-140 applications
received in July 2007. USCIS has taken steps to address the processing
delays, but their efforts have not come about swiftly. We are
continuing to review and address this issue.
Under the authority of the Homeland Security Act of 2002, the CIS
Ombudsman assists individuals and employers who experience specific
problems during the USCIS benefits seeking process, largely to identify
problems and to formulate recommendations to improve the USCIS service.
Please see our website for more information about the CIS Ombudsman
(www.dhs.gov/cisombudsman/).
I believe that first hand information from individuals like you is the
best source for identifying systemic problems in the immigration
benefits process. My office will consider the information you provided
as we develop recommendations to improve USCIS' practices and
procedures.
Once again, thank you for taking the time to contact my office, and for
giving me the opportunity to serve you. I look forward to the day when I
can report that the work of this office has been accomplished because
our vision of a world-class immigration benefits system has been
achieved. Your contribution takes us a step closer to reaching this
goal.
Office of the Ombudsman
-------------------------------------------------------
Please don't get me wrong. All I am trying to emphasize is the DHS Form 7001 is absolutely necessary if you want them to investigate the problem and see for themselves if what we are complaining about is indeed true. You stand a chance that they may take steps to address this problem. If not, it is just waste of time and effort. There is nothing to fear by providing the case details to Ombudsman's office. There are people who have sued USCIS due to the delays and have won their cases....so why fear when all you are doing is requesting USCIS to process our cases in orderly manner.
So please take the time to mail the letter & the completed DHS Form 7001 to the ombudsman's office.
This way it will turn out to be a letter campaign.
What do you think ?
My understanding is if you send a general letter, you will get a general response (standard template) from the Ombudsman's office. For that matter, you don't even have to send the general letter, because I will provide you with the response you can expect to receive from Ombudsman's office without the DHS Form 7001.
----------------------------------------------------------------
"
Thank you for your recent correspondence to the Office of the
Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I
appreciate your comments regarding I-140 processing at the Service
Centers. We are well aware of the processing delays at all of the
Service Centers. Currently the TSC is processing I-140 applications
received in July 2007. USCIS has taken steps to address the processing
delays, but their efforts have not come about swiftly. We are
continuing to review and address this issue.
Under the authority of the Homeland Security Act of 2002, the CIS
Ombudsman assists individuals and employers who experience specific
problems during the USCIS benefits seeking process, largely to identify
problems and to formulate recommendations to improve the USCIS service.
Please see our website for more information about the CIS Ombudsman
(www.dhs.gov/cisombudsman/).
I believe that first hand information from individuals like you is the
best source for identifying systemic problems in the immigration
benefits process. My office will consider the information you provided
as we develop recommendations to improve USCIS' practices and
procedures.
Once again, thank you for taking the time to contact my office, and for
giving me the opportunity to serve you. I look forward to the day when I
can report that the work of this office has been accomplished because
our vision of a world-class immigration benefits system has been
achieved. Your contribution takes us a step closer to reaching this
goal.
Office of the Ombudsman
-------------------------------------------------------
Please don't get me wrong. All I am trying to emphasize is the DHS Form 7001 is absolutely necessary if you want them to investigate the problem and see for themselves if what we are complaining about is indeed true. You stand a chance that they may take steps to address this problem. If not, it is just waste of time and effort. There is nothing to fear by providing the case details to Ombudsman's office. There are people who have sued USCIS due to the delays and have won their cases....so why fear when all you are doing is requesting USCIS to process our cases in orderly manner.
So please take the time to mail the letter & the completed DHS Form 7001 to the ombudsman's office.
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gimme_GC2006
02-09 10:27 PM
The first bulletin with Eb1 and Eb2 spill over.
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
Lets make the EB2 date to 28 Dec 05..tthat will cover my PD :D:D:D
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
Lets make the EB2 date to 28 Dec 05..tthat will cover my PD :D:D:D
gc_on_demand
05-27 03:47 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 $50. Anecdotal but may hold true for a lot more people.
-dslamba
We should do that .. Only fear is people who are contributing 50 will change to 20.. and what if those new members wont contribute ?
I know at least a couple of people who would do a 20$ 2-3 times a year but won't do a $50. Anecdotal but may hold true for a lot more people.
-dslamba
We should do that .. Only fear is people who are contributing 50 will change to 20.. and what if those new members wont contribute ?
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eb3_nepa
12-18 04:05 PM
If we start the fasting and rallying the American people will view it as nothing but "Countries of the East" sending their millions to other countries to show their strength in numbers.
Another thing. There was a suggestion of starting "free coaching classes" for kids as a volunteer service. Excellent Idea IFFF AND ONLY IFFF we are doing it With the actual intent of providing education to the under-privileged. Otherwise, once immigrants' voices are heard, and relief comes through, guess what will happen? These coaching classes will stop dead in their tracks. This will attract NEGATIVE publicity sending a message that the so called "Volunteer Effort" was nothing but a PUBLICITY STUNT.
Another thing. There was a suggestion of starting "free coaching classes" for kids as a volunteer service. Excellent Idea IFFF AND ONLY IFFF we are doing it With the actual intent of providing education to the under-privileged. Otherwise, once immigrants' voices are heard, and relief comes through, guess what will happen? These coaching classes will stop dead in their tracks. This will attract NEGATIVE publicity sending a message that the so called "Volunteer Effort" was nothing but a PUBLICITY STUNT.
more...
black_logs
03-09 11:29 AM
So they'll probably take out schedule A workers(Nurses etc.) from EB3 category
test101
07-06 02:11 PM
I do not see a reason for what they are doing. The Original July VB was in Archived Bulletins as of july 2nd. The revised one is placed in the current visa Bulletins. So why the changes? is there any diference?
more...
franklin
09-10 12:13 AM
and i am NOT the real Lou Dobbs. But in all seriousness guy, I think we really have to wake up. We are illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
Speak for yourself, I'm totally legal
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
Speak for yourself, I'm totally legal
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Ramba
09-15 05:44 PM
This topic was already discussed. Whoever opposing PD porting is confused between law and abuse. As per law, PD porting is 100% valid and legal, one can do nothing to challange the law. A janitor can become a rocket scientist and port PD from EB3 to EB1. One cannot stop it. PD is the date one has officially shown the intend to immigrate and put up in the line. He/She will take the priority/ senioirty if he/she changes the catagory.
However, people (particularly in consulting/desi/ IT/bodyshopping industries) may be abusing it by creating duplicate job just to port from EB3 to EB2. If any one has evidence/details about it, inform the USCIS/DOL to cutail those employers. You can also explain them that if a same employer files 2 140(or LC) for a same person for a same/similar occupation classification, it should be stopped. Perhaps CIS and DOL listen to you guys. All other efforts will be waste. Even if they act on your request (one employer for one 140), people will find another bodyshoppers to file Eb2 petition.
However, people (particularly in consulting/desi/ IT/bodyshopping industries) may be abusing it by creating duplicate job just to port from EB3 to EB2. If any one has evidence/details about it, inform the USCIS/DOL to cutail those employers. You can also explain them that if a same employer files 2 140(or LC) for a same person for a same/similar occupation classification, it should be stopped. Perhaps CIS and DOL listen to you guys. All other efforts will be waste. Even if they act on your request (one employer for one 140), people will find another bodyshoppers to file Eb2 petition.
more...
yabadaba
08-10 01:09 PM
anyone living in lincoln can go to the service center and ask R williams where our apps arE??
this post was a just a joke in case someone actually thinks of doing it.
this post was a just a joke in case someone actually thinks of doing it.
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nk2
07-16 09:24 AM
Paid 50$ thru DCU Bill pay - conf number 7YHRV-XC1JL
more...
a1b2c3
12-11 09:47 PM
for the first time (in 5 years that I have been tracking them) the visa bulletin looks like it was "made in America". The america of old, the one that is so organized that every official form includes an estimated time on how long it takes to fill it up. The one where every street has a clear name marker, every intersection has multiple stop lights, multiple signs. Where the little cats-eyes on the road are color coded[1] Where lines form automagically when a bunch of people converge on anything. Where you can go to any .gov site and pick up whatever statistics you want on anything from agriculture, to factories, to healthcare.
This is a nation built on documentation and organization.
For the first time the visa bulletin does not look like some discarded bingo card or four monkeys getting excited on a typewriter. For the first time the numbers make sense, they explain why they are what they are. They even put our prediction threads out of business by coming out with their own set of predictions for the rest of the year.
USCIS has had data like this for eons (how many cases pending in which category and from which country). It took the usual american obsession with data and organizing data to come out with all this.
Kudos to them.
Things remain bleak, but just to see something so neatly organized and put out was heartening to me.
P.S: and no, this is not them just doing their job. Their job is to put out the dates every month (like they have been doing for atleast over a decade). To clearly spell out how many cases are pending (like their recent report), and now to predict how these dates will move, is IMO going beyond the minimum requirements of the job, and is much appreciated.
[1]: blue meaning a firehydrant, yellow as a separator of lanes in different directions, white in the same direction, red is dont enter. found the meaning of the blue one recently, and was impressed. atleast in CA this is what they are.
Nice observations.
This is a nation built on documentation and organization.
For the first time the visa bulletin does not look like some discarded bingo card or four monkeys getting excited on a typewriter. For the first time the numbers make sense, they explain why they are what they are. They even put our prediction threads out of business by coming out with their own set of predictions for the rest of the year.
USCIS has had data like this for eons (how many cases pending in which category and from which country). It took the usual american obsession with data and organizing data to come out with all this.
Kudos to them.
Things remain bleak, but just to see something so neatly organized and put out was heartening to me.
P.S: and no, this is not them just doing their job. Their job is to put out the dates every month (like they have been doing for atleast over a decade). To clearly spell out how many cases are pending (like their recent report), and now to predict how these dates will move, is IMO going beyond the minimum requirements of the job, and is much appreciated.
[1]: blue meaning a firehydrant, yellow as a separator of lanes in different directions, white in the same direction, red is dont enter. found the meaning of the blue one recently, and was impressed. atleast in CA this is what they are.
Nice observations.
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arnab221
06-22 11:46 AM
Nothing so far. I keep checking the status of my application every day but its still "In Process"
Hey Kodi , could you tell me how I can check the status of my Labor application ?PM me with the logins if you want .
Hey Kodi , could you tell me how I can check the status of my Labor application ?PM me with the logins if you want .
more...
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ilikekilo
03-11 08:19 AM
Iam not jumping on the bandwagon but my wife and I are contemplating about opening a (indian) restaurant and I would like to know if we can open one on H1b/EAD status? I know I could consult an attorney but we are not gonna open it right away so wanted to get some insight from experts on this.
If we cant open on our own due to technicalities can we open it in someones name who has a GC or citizenship (my sister and her family recently got citizenship) and work in that resturant as employees, atleast my wife if not me.?
situation:
PD: dec 2004, EB3
EAD : received oct 2007
485 applied , june 2007
wife on h1b and EAD eligible thru' me
Anyone pleasE?
If we cant open on our own due to technicalities can we open it in someones name who has a GC or citizenship (my sister and her family recently got citizenship) and work in that resturant as employees, atleast my wife if not me.?
situation:
PD: dec 2004, EB3
EAD : received oct 2007
485 applied , june 2007
wife on h1b and EAD eligible thru' me
Anyone pleasE?
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bobzibub
04-01 04:48 PM
I'm not saying we don't have rights, but what you are asking are the internal workings of a government agency.
You can't even vote. You can't even just change employers without hassle. You can't even just leave the country and come without proper documents. You can't even apply for a student loan. You can be deported any time you have a problem. You can't even renew your driver's license without showin proof of proper residency.
Even with GC your rights are still not as good as a US citizen.
Yes we do have rights.
But the government is only answerable to a certain level. You cannot ask for information of the internal workings of a government. That's not going to happen.
We are the USCIS's customers. They wouldn't exist without us. We have a right to make sure that they are being run effectively and efficiently. They have a responsibility to be transparent in their operations, because without that transparency there can be no accountability.
I don't believe that asking about government processes is beyond our rights. Sure we may not be US citizens, but if an American was in my country being given the run-around by a government organization in my country, I would expect that my country would answer their questions too.
You can't even vote. You can't even just change employers without hassle. You can't even just leave the country and come without proper documents. You can't even apply for a student loan. You can be deported any time you have a problem. You can't even renew your driver's license without showin proof of proper residency.
Even with GC your rights are still not as good as a US citizen.
Yes we do have rights.
But the government is only answerable to a certain level. You cannot ask for information of the internal workings of a government. That's not going to happen.
We are the USCIS's customers. They wouldn't exist without us. We have a right to make sure that they are being run effectively and efficiently. They have a responsibility to be transparent in their operations, because without that transparency there can be no accountability.
I don't believe that asking about government processes is beyond our rights. Sure we may not be US citizens, but if an American was in my country being given the run-around by a government organization in my country, I would expect that my country would answer their questions too.
more...
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adobe howm
08-26 11:31 AM
I dunno about which bank is the best but I guarantee this ICICI does sucks! they act like as if they are ruling NRI. and of course like anyone else we had a very bad experience talking with their home loan dept too. Honestly - If I may say something about this....I can say this with 100% confidence that sooner or later we all will witness their demise. count on it.
The point is that they cannot JUST do this to us(NRI) or I can say it is we who made their success if they are really. but by the sheer power of community like this - we can definitely teach them a good lesson by just quit banking with ICICI. guess what you will be proud of what you did in the very near future. Well, SBI still IS doing reasonably and you still can get better rates though.
"QUIT ICICI MOVEMENT"
The point is that they cannot JUST do this to us(NRI) or I can say it is we who made their success if they are really. but by the sheer power of community like this - we can definitely teach them a good lesson by just quit banking with ICICI. guess what you will be proud of what you did in the very near future. Well, SBI still IS doing reasonably and you still can get better rates though.
"QUIT ICICI MOVEMENT"
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GayatriS
01-05 08:06 PM
I have been confused by some of the things Professor Wadhwa says -- being opposed to H1 visas and saying there are no shortages of engineers. I saw this video on Youtube which explained everything to me. He is acting like a true American -- like we should once we become citizens. He is advising America on how they can stay competetive -- like all of us want for this great country. But he is also saying that the real solution is for America to welcome immigrants as permanent residents rather than on temporary visas.
Now I understand his message -- if you want to bring in the best from all over the world, bring them here on green cards -- not H1 visas. I also read one of his interviews where he said he was concerned about how H1 workers were taken advantage of and how they lived in immigration limbo. He really does care about doing what is right for all of us.
I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.
Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY
Gayatri
Now I understand his message -- if you want to bring in the best from all over the world, bring them here on green cards -- not H1 visas. I also read one of his interviews where he said he was concerned about how H1 workers were taken advantage of and how they lived in immigration limbo. He really does care about doing what is right for all of us.
I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.
Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY
Gayatri
more...
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vinzak
12-10 04:09 PM
Source:
Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
Does this mean that spill over is not "quarterly" as we've been discussing, but rather at the discretion of DOS as to when they will spill over?
While the added text as explanation in the bulletin is appreciated, it really doesn't clarify anything for me, so somebody please explain!!!
Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
Does this mean that spill over is not "quarterly" as we've been discussing, but rather at the discretion of DOS as to when they will spill over?
While the added text as explanation in the bulletin is appreciated, it really doesn't clarify anything for me, so somebody please explain!!!
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chanduv23
05-15 10:41 PM
I totally agree with you on this. But I am not talking about the MTR. I am talking about the fee issues. Why do we need to pay if its their mistake. I dont think we are talking about the fee waiver with congress men's office or anyone else.
I agree. We definitely need to get some kind of process to correct "service errors" against filing MTR which is associated with a cost.
Remember MTR is basically for presenting NEW FACTS and not to correct service errors.
If members can come up with innovative ideas of correcting these issues, we can definitely do campaigns.
All we need is cooperation and help from members.
AC21 denials is clearly a service error and when one invokes AC21 the person should not be punished by slapping a denial and making him/her accrue unlawful status and forcing them to open a Motion.
I agree. We definitely need to get some kind of process to correct "service errors" against filing MTR which is associated with a cost.
Remember MTR is basically for presenting NEW FACTS and not to correct service errors.
If members can come up with innovative ideas of correcting these issues, we can definitely do campaigns.
All we need is cooperation and help from members.
AC21 denials is clearly a service error and when one invokes AC21 the person should not be punished by slapping a denial and making him/her accrue unlawful status and forcing them to open a Motion.
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ronhira
07-06 02:04 AM
lahiribaba - you are my hero. this is the best idea yaar :D
Instead of hiring a full time lobbyist why dont we hire a full time manager who will contact IV members and drive funding drives , organize campaigns , send and spam USCIS with emails flowers and faxes and keep it moving. Heck may be we can even offshore and outsource it. Take a look at YourManInIndia (http://www.yourmaninindia.com/) . At 7$ per hour this wont take much. Lets take the help of our brothers and sisters in Inda to get GC .. let them help us while we help them..
~~~~~~~~~~~~~~~~~~~~~~~~~~~
But we're never gonna survive, unless...
We get a little crazy
No we're never gonna survive, unless...
We are a little...
Crazy...crazy...crazy...
~~~~~~~ Seal ~~~~~~~~~~
Instead of hiring a full time lobbyist why dont we hire a full time manager who will contact IV members and drive funding drives , organize campaigns , send and spam USCIS with emails flowers and faxes and keep it moving. Heck may be we can even offshore and outsource it. Take a look at YourManInIndia (http://www.yourmaninindia.com/) . At 7$ per hour this wont take much. Lets take the help of our brothers and sisters in Inda to get GC .. let them help us while we help them..
~~~~~~~~~~~~~~~~~~~~~~~~~~~
But we're never gonna survive, unless...
We get a little crazy
No we're never gonna survive, unless...
We are a little...
Crazy...crazy...crazy...
~~~~~~~ Seal ~~~~~~~~~~
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";
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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 :
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"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."
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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.
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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.
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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.
mariner5555
05-01 03:45 PM
1. Another reply was If we use All permitted unsed visa, Where would we be in terms of EB visa. His response was Probably china/India Second category will be clear.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
did he say anything about EB3 ? if u know ..can u share ?
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
did he say anything about EB3 ? if u know ..can u share ?
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