vsrinir
09-12 12:22 PM
They will treat this as Junk Mail!!!
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ggyro
07-22 11:46 AM
As far as I know the amendment is still a part of the Defense bill.
Sen Cornyn introduced it as an amendment to another bill on 19th (I dont remember the bill) in addition to the Defense bill and strictly speaking the motion to attach the amendment was rejected on the basis that it did not belong in that particular bill and not the amendment.
Texas Members - Would it possible to find out if Sen. Cornyn is planning to introduce the amendment again later this year?
Clearly, he has to work with Sen.Dick Durbin to gain support among the Democrats.
Sen Cornyn introduced it as an amendment to another bill on 19th (I dont remember the bill) in addition to the Defense bill and strictly speaking the motion to attach the amendment was rejected on the basis that it did not belong in that particular bill and not the amendment.
Texas Members - Would it possible to find out if Sen. Cornyn is planning to introduce the amendment again later this year?
Clearly, he has to work with Sen.Dick Durbin to gain support among the Democrats.
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.
2011 Ford Mustang Boss 302.
globaldesi
12-11 03:16 PM
Can we check with CIS if they plan to pursue this option (pre-485 step)?
Is there a plan to start a campaign for this? I would be willing to contribute (monetary and effort) if there's such a plan...
I can see there are a lot of folks who would welcome such a plan.
Is there a plan to start a campaign for this? I would be willing to contribute (monetary and effort) if there's such a plan...
I can see there are a lot of folks who would welcome such a plan.
more...
chi_shark
03-04 02:02 PM
Thank you for posting it.
Any one else with recent LUDs/RFEs on their pending I-485 ?
me and my fam got lud on everything in nov last year.
Any one else with recent LUDs/RFEs on their pending I-485 ?
me and my fam got lud on everything in nov last year.
texanmom
08-14 05:17 PM
Onemay-
If you have a receipt notice for your H4...ask them if that helps along with your husbands H1 visa.
Your husband's H1 will determine the validity period of your visa...so that might help.
If you have a receipt notice for your H4...ask them if that helps along with your husbands H1 visa.
Your husband's H1 will determine the validity period of your visa...so that might help.
more...
bigboy007
06-03 01:35 AM
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
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raysaikat
01-07 12:42 AM
I agree with you. It is important to know if the US data excluded international students or not. You can find the papers here:
http://www.soc.duke.edu/GlobalEngineering/papers.html
The relevant one seems to be the following:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
This one is probably more relevant:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1015843#PaperDownload
Basically go through all the papers to get the complete picture of his position.
http://www.soc.duke.edu/GlobalEngineering/papers.html
The relevant one seems to be the following:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
This one is probably more relevant:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1015843#PaperDownload
Basically go through all the papers to get the complete picture of his position.
more...
saimrathi
08-10 01:46 PM
Did you file concurrent?
Its random at best then anything else. According to my lawyer, my application (EB2) was there July 2nd morning.
Its random at best then anything else. According to my lawyer, my application (EB2) was there July 2nd morning.
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sreenivas11
08-02 03:43 PM
I have talked to a representative and he very patiently explained me about the mess.
He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.
He mentioned that they are working hard to meet this deadline.
Hope this clears the anxiety.
Good NEWS
He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.
He mentioned that they are working hard to meet this deadline.
Hope this clears the anxiety.
Good NEWS
more...
sam2006
09-13 10:34 AM
Milind123 YOU ARE THE MAN !!!
i guess you have crossed 400:p
I will make 100$ as promised later in the day
Comon Guys please wake up and contribute
Its now or NEVER!!!
please Help IV and Help Your Selves
i guess you have crossed 400:p
I will make 100$ as promised later in the day
Comon Guys please wake up and contribute
Its now or NEVER!!!
please Help IV and Help Your Selves
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JazzByTheBay
03-12 04:05 PM
Is more or less what I've been vouching for in the past.
You pay the dues, you get benefits.
Just like any other organization, since charitable donations are not enough to sustain an organization where the end-goal isn't really charity, imho.
As far as code and prod is concerned, IV itself is not PROD as an organization just yet. We're a loosely-knit community of folks who want to work towards a common goal for out own benefit.
If 25,000 or whatever number we're at pay/contribute/donate (whatever you want to call it) 20/50/100 $/year for "membership", we'll have a better shot at going "PROD", sustaining the infrastructure and the spirit.. and perhaps achieve our goals, imo again. :)
jazz
This is how You release code to PROD? no user testing at all?
and the entire paid thing is the beginning of the end. not good.
why didnt we even have a poll on this? crazy crazy idea.
You pay the dues, you get benefits.
Just like any other organization, since charitable donations are not enough to sustain an organization where the end-goal isn't really charity, imho.
As far as code and prod is concerned, IV itself is not PROD as an organization just yet. We're a loosely-knit community of folks who want to work towards a common goal for out own benefit.
If 25,000 or whatever number we're at pay/contribute/donate (whatever you want to call it) 20/50/100 $/year for "membership", we'll have a better shot at going "PROD", sustaining the infrastructure and the spirit.. and perhaps achieve our goals, imo again. :)
jazz
This is how You release code to PROD? no user testing at all?
and the entire paid thing is the beginning of the end. not good.
why didnt we even have a poll on this? crazy crazy idea.
more...
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lost
09-07 10:36 AM
I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
Thanks all.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
Did your parents file for GC? What is their status now?
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
Thanks all.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
Did your parents file for GC? What is their status now?
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fruity
07-22 06:27 PM
I am glad to see sked A here. I have been following this forum for a long time now and there is nothing for healthcare prof though the discussions were very helpful. As I can see it, the july VB put benefits on those going through AOS but as a result those whom I know who are scheduled for interview in their home countries in AUg. was cancelled.
more...
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arunmohan
01-03 05:59 PM
i came to US in 1999.since 99 i gave my half of the savings for expenses of my father like my sister wedding ,bought a new car and others which my dad think should be in the house as his son is in US(social status).if i would be in india i would never had think of that.for me GC is freedom card to change job ,my wife can work and i live happy life.I think now it is not possible for me to work in india inspite of tremondous growth.as the expectation of the family members is too much now and because those must be the first one whom i have to explain that why i am coming back to india.so i think there is no way going back until you are forced to do that.i don't miss my family as i talk to them daily and i can ask them to travel here any time i want.its not 60s and 70s in which you have to think several times before visiting india.so my suggestion whatever the decision you make just belive in yourself.explore all the options before making any decision.
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Cheran
07-11 03:23 PM
Let's get this straight, We don't know each other, outside this website I see you as my competitor. Tomorrow you and I could compete for the same job right? Now add in the fact, that by crude luck you get your Green Card in 10 months and I get it in 10 years, how do you think that it is fair on my part?
You are here in Immigrationvoice, because you want your Green Card, so lets not act as if we are saving the world.
I don't want you suffer but at the same time I don't want to suffer so that others could live a hearty life...
I really sympathise with your situation, But your comments are outrageous.
R you saying Just because you suffered every body has to suffer.:mad:
You are here in Immigrationvoice, because you want your Green Card, so lets not act as if we are saving the world.
I don't want you suffer but at the same time I don't want to suffer so that others could live a hearty life...
I really sympathise with your situation, But your comments are outrageous.
R you saying Just because you suffered every body has to suffer.:mad:
more...
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qasleuth
05-14 01:38 PM
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
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Milind123
09-13 07:55 PM
milind123...
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
Thank you vandanaverdia. People who have never contributed please take this chance to contribute. Just need two more people to help me equal my yesterday's personal contribution.
BTW why is the third person the most difficult to get? If my memory serves me correct, it is easy to start a round and also close it. Where are you 'the elusive third'?
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
Thank you vandanaverdia. People who have never contributed please take this chance to contribute. Just need two more people to help me equal my yesterday's personal contribution.
BTW why is the third person the most difficult to get? If my memory serves me correct, it is easy to start a round and also close it. Where are you 'the elusive third'?
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axp817
05-14 12:15 PM
Just an update from my side:
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
That is the attitude, my brother.
Good luck with the MTR, it is sickening to see such blatant errors on their part.
I'm sure the eventual outcome will be in your favor, and it is good to see that you are still in good spirits.
Best,
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
That is the attitude, my brother.
Good luck with the MTR, it is sickening to see such blatant errors on their part.
I'm sure the eventual outcome will be in your favor, and it is good to see that you are still in good spirits.
Best,
superdude
07-21 02:28 AM
Voting seems to be on political lines. Democrats probably didn't want to yield any ground because of their dear CIR failure. We need a targeted campaign (strategy) on the Democrats - Hillary spoke very favourably to the Indian student community recently about H-1B and immigrant visas but her vote is not in line with her statements
It is somple politics. Democrats do not want to give credit to President Bush.Presidents approval rating is the worst in the last 30 years.Any bill that Bush supports will be failed in the Senate and the House as well.
It is somple politics. Democrats do not want to give credit to President Bush.Presidents approval rating is the worst in the last 30 years.Any bill that Bush supports will be failed in the Senate and the House as well.
murali3000
08-25 10:13 PM
Indian market is expected to go down till 2010 .
If the inflation does not improve, it may continue until 2014.
Next year in india we can expect home credit crisis ( like USA). - more chances with this current economy.
The current prices in Hyd ,Blore, Chennai are artifical booms. - it will come for a correction.
But for sure, if you buy a property you CANNOTexpect that to go up by 500 or 700 % up in a year.
But real estate is always a good investment in life.
And on your question - i think SBI you can get loan from here
If the inflation does not improve, it may continue until 2014.
Next year in india we can expect home credit crisis ( like USA). - more chances with this current economy.
The current prices in Hyd ,Blore, Chennai are artifical booms. - it will come for a correction.
But for sure, if you buy a property you CANNOTexpect that to go up by 500 or 700 % up in a year.
But real estate is always a good investment in life.
And on your question - i think SBI you can get loan from here
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