coopheal
02-23 08:15 PM
Progress of PDs are similar the ones which happened prior to June 2007. May be there is a chance of repeating that now......
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
abhijitrajan
06-20 12:07 PM
Finally I got my lawyer to start an inquiry at the Atlanta PERM center. My case is pending since Feb 07.
chanduv23
06-13 12:36 PM
Come on folks - your contributions are highly appreciated
singhsa3
09-12 02:23 PM
Looks like backward clock is the most popular idea so far.
Now,
There are two scenarios someone suggested to me in the office:
Scenario 1: Send these indiviudually (one per person).
Scenario 2: Send collectively a set of 10 backward clocks, with a greivance/protest letter , where as 10 represents month of October and signed by IV.
Now,
There are two scenarios someone suggested to me in the office:
Scenario 1: Send these indiviudually (one per person).
Scenario 2: Send collectively a set of 10 backward clocks, with a greivance/protest letter , where as 10 represents month of October and signed by IV.
more...
gc_kaavaali
09-01 11:16 AM
Arrived Aug 2002. Got GC last month. I would suggest people to file for GC as early as possible. Do not change employers for money (unless unless it is really really really necessary) until u get GC.
saketkapur
05-07 12:51 PM
can cal we also have an efax campaign going alongside??
more...
TomPlate
07-06 05:13 PM
One thing everybody need to understand here is we should not show anger even though we are angry. Please mind your words in the forum. Too bad from all people writing words which are not good.
This website is searchable from search engines like google.com and it is really bad to see any anger and bad words in this website.
Administrator do you have filter mechanism.
This website is searchable from search engines like google.com and it is really bad to see any anger and bad words in this website.
Administrator do you have filter mechanism.
bp333
03-04 06:25 PM
After reading all these, got curious and checked status of my cases online after a year. I got a soft lud on my, my wife & son's case on 02/25. Something is definitely happening.
Sorry for being ignorant. How can we determine LUD (last update date) and what is meant my soft LUD ?
Sorry for being ignorant. How can we determine LUD (last update date) and what is meant my soft LUD ?
more...
stillhopefull
09-10 12:50 PM
Just contributed $100 and will see everybody in DC!
ravise
12-10 04:30 PM
till now we have not seen such detailed explanation in visa bulliten. Some thing to be feel good about.
Regarding EB2 spillover; i think their main problem with quarterly spillover is to move both EB2I and EB2C to the same priority date. If the spillover quantity is so less.
From one of the privious pdf from USCS number of EB2I applicants between between 22JAN05 and 01MAY05 were nearly 4K. I don't think there can ever be 4000 splillovers to EB2 in a single quarter. Remember spillover from EB1 to EB2 can only happen during the year end and quarterly spillover only includes intra catogiry.
all personal analysis/openion.
Regarding EB2 spillover; i think their main problem with quarterly spillover is to move both EB2I and EB2C to the same priority date. If the spillover quantity is so less.
From one of the privious pdf from USCS number of EB2I applicants between between 22JAN05 and 01MAY05 were nearly 4K. I don't think there can ever be 4000 splillovers to EB2 in a single quarter. Remember spillover from EB1 to EB2 can only happen during the year end and quarterly spillover only includes intra catogiry.
all personal analysis/openion.
more...
needhelp!
09-13 03:46 PM
This will be great for the rally if everyone sends their personal stories in and why they are going.
Thanks Pappu
Thanks Pappu
Lollerskater
05-08 01:32 PM
Love your attitude. Basically it is "I got the stimulus so tough luck if you didn't."
Second thing. Nobody has posted in this thread for days. However, by making a comment, all you did was bump it to the top of the discussion. If you don't like this thread, why are you bumping it?
I took the time to read over your posts and understand your case. You sir, have a very valid case and a good point to make. The OP's intentions however, are CLEARLY far different from yours. By reading the thread title in the topic view, the information is extremely misleading. These are two seperate cases, sir.
Second thing. Nobody has posted in this thread for days. However, by making a comment, all you did was bump it to the top of the discussion. If you don't like this thread, why are you bumping it?
I took the time to read over your posts and understand your case. You sir, have a very valid case and a good point to make. The OP's intentions however, are CLEARLY far different from yours. By reading the thread title in the topic view, the information is extremely misleading. These are two seperate cases, sir.
more...
EkAurAaya
07-11 02:36 PM
I do not think CIS has that much smartness in them. Different sections seem to go about the motions on their own schedule. They seem to be an uncoordinated bunch so far.
How do you explain push for EAD approvals before June 30th? ppl got approvals in matter of days (in most cases less then 20 days)
I think Obviously someones paying attention at USCIS when it comes to $
How do you explain push for EAD approvals before June 30th? ppl got approvals in matter of days (in most cases less then 20 days)
I think Obviously someones paying attention at USCIS when it comes to $
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.
more...
chisinau
09-28 01:21 PM
What happened with Cornin's ammendmend? Maybe it has failed already?
If someone has this information, I would appreciate your answer!
If someone has this information, I would appreciate your answer!
chisinau
07-23 02:46 AM
My attorney told me that there is a chanse that they will be able to approve my DS230 this time, before the retro will hit us again in August. Hope his data is correct. Usually they need 5 - 8 weeks for DS230. And as far as I understand the process, they work with DS230 only if your PD is current, so until the 17-th of August we might hear some good news about DS230. But this is the only positive outcome of the July VB for us.
If the October VB shows "current" for our PD we would have our appointment in consulate. Othervise, no GC in near future.
From my point of view, the chanses to have our interview in october or november are slim. There is a lot of applicants in EB3 before us + I485 recent August approvals. Where they will find visas for AOS applicants? They have already waisted all visa numbers for 2007, but still alowing to file I485... About I485 I am not sure, correct me if I am wrong. Anyway, I believe that there will be severe retrogression begining from the next Fiscal Year.
The only hope we have - is "bridge legislation" for schedule A. Without it even persons on advanced stages of CP will have to wait months or even years for the interview:::((((
P.S.
Just curious.:::))) Where are you from, peyton sawyer? Where in the US are you going to live? I am going to High Point, NC.
If the October VB shows "current" for our PD we would have our appointment in consulate. Othervise, no GC in near future.
From my point of view, the chanses to have our interview in october or november are slim. There is a lot of applicants in EB3 before us + I485 recent August approvals. Where they will find visas for AOS applicants? They have already waisted all visa numbers for 2007, but still alowing to file I485... About I485 I am not sure, correct me if I am wrong. Anyway, I believe that there will be severe retrogression begining from the next Fiscal Year.
The only hope we have - is "bridge legislation" for schedule A. Without it even persons on advanced stages of CP will have to wait months or even years for the interview:::((((
P.S.
Just curious.:::))) Where are you from, peyton sawyer? Where in the US are you going to live? I am going to High Point, NC.
more...
amitjoey
07-18 09:51 PM
Thanks a bunch for all of you who contributed today, I read each and every post and felt very content that atleast there are people who feel the same way like I feel. IV is the only org that stands for us. It is time to strengthen it, Most of you have no idea how much money is really needed for lobbying, and how far it can take us if each of us contributed a little every month.
Minimum $50/month.
Minimum $50/month.
manugee
09-10 02:26 PM
Though small, I made my contribution ($100 via Google).
I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.
Good luck,
Manish Jain.
I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.
Good luck,
Manish Jain.
chanduv23
06-10 10:48 AM
Why not do a flower campaign or the like, that we did last time? Clearly that worked and the phone campaign doesnt "have the appearance" of working. I am not saying it is not working, it just isint having the same media impact as last time. It doesnt have to be the flower campaign again, heck we can do a fruit basket deal this time.
Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.
There are reasons we MUST NOT do anything like that. Lobbying works on the long run. These days lawmmakers are more informed about the situation and it is just a matter of time.
Do not lose hope - we will succeed.
Please convince your friends and coworkers to make phone calls and visits to law makers offices.
Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.
There are reasons we MUST NOT do anything like that. Lobbying works on the long run. These days lawmmakers are more informed about the situation and it is just a matter of time.
Do not lose hope - we will succeed.
Please convince your friends and coworkers to make phone calls and visits to law makers offices.
dpp
10-11 09:00 PM
We cannot start a S-corp on EAD. Need to be GC holder or US Citizen.
The Internal Revenue Code provides that a Corporation filed with any U.S. state shall be taxed under "Subchapter C." This essentially means that all Corporations start out as C-Corporations for tax purposes.
Should a Corporation's owners later wish to be taxed as an S-Corporation, they would file a "Subchapter S" federal tax election (Form 2553) within 75 days of incorporating or within 75 days of the beginning of the calendar year. To do this, the Corporation would need to have less than 100 owners, all of whom must be either U.S. Citizens or permanent resident aliens ("green card" holders). Once the "S" tax election is made, the return to be filed is the 1120 "S", rather than the 1120. Whether or not you decide to be taxed as an S-Corporation, your company is still a "General Corporation" in the eyes of the state of incorporation.
http://www.incnow.com/incorporating.shtml
http://www.legalzoom.com/incorporation-guide/definition-of-s-corporation.html
But we can setup Solo or Partership or C-Corp. Don't run into legal issues by setting up S-Corp on EAD, before getting GC.
Good luck.
The Internal Revenue Code provides that a Corporation filed with any U.S. state shall be taxed under "Subchapter C." This essentially means that all Corporations start out as C-Corporations for tax purposes.
Should a Corporation's owners later wish to be taxed as an S-Corporation, they would file a "Subchapter S" federal tax election (Form 2553) within 75 days of incorporating or within 75 days of the beginning of the calendar year. To do this, the Corporation would need to have less than 100 owners, all of whom must be either U.S. Citizens or permanent resident aliens ("green card" holders). Once the "S" tax election is made, the return to be filed is the 1120 "S", rather than the 1120. Whether or not you decide to be taxed as an S-Corporation, your company is still a "General Corporation" in the eyes of the state of incorporation.
http://www.incnow.com/incorporating.shtml
http://www.legalzoom.com/incorporation-guide/definition-of-s-corporation.html
But we can setup Solo or Partership or C-Corp. Don't run into legal issues by setting up S-Corp on EAD, before getting GC.
Good luck.
eagerr2i
07-15 10:21 PM
Dear So Cal members.
nice to see good activity on the forum. Please hold on from holding any rally until you hear from IV core. We have some good synergy amongst or members in So Cal, lets plan a meeting in the coming weeks and decide on an action plan. I would encourage you to start thinking about ideas/specific actions we can take. I have a few ideas and would share it on our so cal email distribution list. Who can take the initiative to organize this meeting? Twinbrothers? any one else? Pls P.M me.
nice to see good activity on the forum. Please hold on from holding any rally until you hear from IV core. We have some good synergy amongst or members in So Cal, lets plan a meeting in the coming weeks and decide on an action plan. I would encourage you to start thinking about ideas/specific actions we can take. I have a few ideas and would share it on our so cal email distribution list. Who can take the initiative to organize this meeting? Twinbrothers? any one else? Pls P.M me.
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