rajenk
12-14 02:35 PM
I need something which removes employer dependency with approved i140 until u file 485.
I hate working at the same employer just becasue my PD is not current. And by the time my PD becomes current, may be employer is not doing good, I am not happy at the job.... and I have to start from PERM again at new employer. Also if employer revokes i140, I loose the PD as well!!
Hi supers789,
You don't loose your PD if I-140 is revoked. All you need is an approved I-140. USCIS does honor the PD from a revoked I-140. That is what I have heard from various immigration attorneys. The PD is yours to keep. I think USCIS is generous enough to not push a person out of the queue once you have started your GC and progressed until I-140 approval.
I agree, I am definitely breathing from the July'07 filing. Otherwise it would be worse for me and my family to be working for my first GC employer. I am on your side for that.
A general advice don't stress yourself too much about it. It is definitely not good for your health. I use to check the status on my case every single day during my I-140 stage and got stressed out a lot and eventually earned some health problems from which I am slowly recovering. This is just a friendly advice.
I hate working at the same employer just becasue my PD is not current. And by the time my PD becomes current, may be employer is not doing good, I am not happy at the job.... and I have to start from PERM again at new employer. Also if employer revokes i140, I loose the PD as well!!
Hi supers789,
You don't loose your PD if I-140 is revoked. All you need is an approved I-140. USCIS does honor the PD from a revoked I-140. That is what I have heard from various immigration attorneys. The PD is yours to keep. I think USCIS is generous enough to not push a person out of the queue once you have started your GC and progressed until I-140 approval.
I agree, I am definitely breathing from the July'07 filing. Otherwise it would be worse for me and my family to be working for my first GC employer. I am on your side for that.
A general advice don't stress yourself too much about it. It is definitely not good for your health. I use to check the status on my case every single day during my I-140 stage and got stressed out a lot and eventually earned some health problems from which I am slowly recovering. This is just a friendly advice.
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khukubindu
01-19 02:05 PM
In my area there is no Infopass appointment available before my departure. What is the difference between departing with approval notice in hand and
with knowing that application has been approved but depart without the physical approval notice in hand before departure and get it aborad if my friend mail it to my place in abroad and later entering with that . Anybody could help in this situation with some advice.
with knowing that application has been approved but depart without the physical approval notice in hand before departure and get it aborad if my friend mail it to my place in abroad and later entering with that . Anybody could help in this situation with some advice.
Caliber
05-15 03:47 PM
Finally at last today the web site shows that my Labor is certified. I am really glad at it. PBEC has shown us the HELL on earth and though I am 43 years old, I feel like much older than that due these PBEC guys. They never realize that this is our biggest milestone.
My NOF was on Prevailing Wage as my pay was 65K and PBEC wanted to increase it to 87K. But our attorney's have submitted third party surveys and we have given up thinking that PBEC will not agree for it.
I know how hard it is to live without a status. I pray that PBEC guys releases every one from their HELL. Details are in my signature.
My NOF was on Prevailing Wage as my pay was 65K and PBEC wanted to increase it to 87K. But our attorney's have submitted third party surveys and we have given up thinking that PBEC will not agree for it.
I know how hard it is to live without a status. I pray that PBEC guys releases every one from their HELL. Details are in my signature.
2011 quotes on life is eautiful.
EkAurAaya
07-11 02:20 PM
.
:(Bad News is all of us who applied for EAD renewal after June 30th wouldnt get a 2 years EAD instead would get 1 year EAD.
bang on the money... i think this is just another ingenious way for USCIS to milk us :mad:
:(Bad News is all of us who applied for EAD renewal after June 30th wouldnt get a 2 years EAD instead would get 1 year EAD.
bang on the money... i think this is just another ingenious way for USCIS to milk us :mad:
more...
thomachan72
06-04 11:54 AM
All this May 15th/21 date is open to interepretation there is no set concrete laws yet.I just filed I-140 and I-1485 on the 1 st June and my attorney told me just go and wait now and live your life.We can worry about stupid laws that MIGHT go into affect a yr or never and destroy your precious time.
In the meantime go to NUMBERSUSA website and send as many faxs against this CIR bill and get it shutdown.
Yes i know NUMBERSUSA is anti-immigrant but in this situation it beneficial to all us legals if this bill goes down in flames.
How could you file the 140 and 485 at the same time, are you filing in EB1 catagory? which country?
In the meantime go to NUMBERSUSA website and send as many faxs against this CIR bill and get it shutdown.
Yes i know NUMBERSUSA is anti-immigrant but in this situation it beneficial to all us legals if this bill goes down in flames.
How could you file the 140 and 485 at the same time, are you filing in EB1 catagory? which country?
desi485
11-17 04:07 PM
desi - I am not sure how we do that but I personally think if we ask such a thing we are letting USCIS send us denial notice even though they must not send it.
I absolutely agree with you that in first place, CIS MUST NOT revoke 485 when a person changes to similar job after 485 is pending for more than 180 days and 140 has been already approved.
IV is already running the campaign to send letters (I did send mine) and hopefully it will get us good results.
However, we should still know what happens to EAD in such unfortunate event. Many AOS candidate, specifically from retrogressed countries may have gone beyond 6 years of H1B and may not get H1B extended based on this pending 485. or many must be working on EAD as many employers are not willing to sponsor the H1B. In this case, knowing the validity of EAD will surely helps.
Meanwhile, here is another RG thread (http://immigration-information.com/forums/showpost.php?p=25447&postcount=7) found, clearly talks about this issue.
I absolutely agree with you that in first place, CIS MUST NOT revoke 485 when a person changes to similar job after 485 is pending for more than 180 days and 140 has been already approved.
IV is already running the campaign to send letters (I did send mine) and hopefully it will get us good results.
However, we should still know what happens to EAD in such unfortunate event. Many AOS candidate, specifically from retrogressed countries may have gone beyond 6 years of H1B and may not get H1B extended based on this pending 485. or many must be working on EAD as many employers are not willing to sponsor the H1B. In this case, knowing the validity of EAD will surely helps.
Meanwhile, here is another RG thread (http://immigration-information.com/forums/showpost.php?p=25447&postcount=7) found, clearly talks about this issue.
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Lacris
07-18 12:07 AM
http://www.imminfo.com/resources/cissop.html
Very enlightning. I understand now why case get lost.:D
Very enlightning. I understand now why case get lost.:D
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sam2006
07-14 08:19 PM
Boa --7ybxh-zdd1f
30$ --
30$ --
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Milind123
09-15 06:10 PM
Was working today. Did not see much activity here.
So this is for you (I still don't know your name) to motivate others to finish the round.
$100 Order Details - Sep 15, 2007 6:29 PM EDT Google Order #442463248310024
So this is for you (I still don't know your name) to motivate others to finish the round.
$100 Order Details - Sep 15, 2007 6:29 PM EDT Google Order #442463248310024
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bobzibub
04-01 06:56 PM
I'd look at it a different way. Without USCIS u and I wudn't have made it to the US. When u came to the US, u implicitly agreed upon the rules and regulations of USCIS. When u applied for ur GC, u very well knew what USCIS is and how they function.They have an immigration system which has been going on for several years now and all the immigration aspirants have played by their rules and never questioned how it worked though their cases were delayed for whatever reason. Why shud the USCIS even entertain somebody questioning them now? They'll simply say...Who are u to ask? We have been functioning like this for ages now. If u dont like it, just say good bye...but this is how we function.
That is what every government wishes their citizens would do--just accept like obedient little sheep. I say that one should choose not to give them a free pass. Otherwise they'll continue to walk all over you. Citizen or not, being a sheep is not an option. Besides, we did not move to a dictatorship. We moved to a democracy--or at least it is trumpeted as such. Let them walk the walk.
That is what every government wishes their citizens would do--just accept like obedient little sheep. I say that one should choose not to give them a free pass. Otherwise they'll continue to walk all over you. Citizen or not, being a sheep is not an option. Besides, we did not move to a dictatorship. We moved to a democracy--or at least it is trumpeted as such. Let them walk the walk.
more...
NKR
04-02 08:57 PM
U r a senior member and asking this question? Anyways...here's some of the points I think that are candidates for Red/Green:
Candidates for Red:
1. Using third class language
2. Unnecessary and stupid arguments
3. Narrow minded comments
4. Immature thinking
Candidates for Green:
1. Valid and logical thought process
2. No foul language whatsoever
3. Politeness
4. Likable comments
What's hyappening with ssnd's comments is...instead of getting red for all of his filthy comments, somebody is giving him green. God bless IV.
Dude, I asked where do you go and rate the post. No wonder ssnd calls you dumb.
Candidates for Red:
1. Using third class language
2. Unnecessary and stupid arguments
3. Narrow minded comments
4. Immature thinking
Candidates for Green:
1. Valid and logical thought process
2. No foul language whatsoever
3. Politeness
4. Likable comments
What's hyappening with ssnd's comments is...instead of getting red for all of his filthy comments, somebody is giving him green. God bless IV.
Dude, I asked where do you go and rate the post. No wonder ssnd calls you dumb.
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ashutrip
06-19 10:09 AM
Also, please contact this person:
Helen Parker
Regional Administrator
U.S. Department of Labor/ETA
Atlanta Federal Center 61 Forsyth St. Rm. 6M12
Atlanta,GA 30303
Phone: (404) 562-2092
Fax: (404) 562-2149
Send faxes and call to request them to process our PERM applications. Please act now, if not we will miss the bus.
i just called her she passed the buck to 404 893 0101
Helen Parker
Regional Administrator
U.S. Department of Labor/ETA
Atlanta Federal Center 61 Forsyth St. Rm. 6M12
Atlanta,GA 30303
Phone: (404) 562-2092
Fax: (404) 562-2149
Send faxes and call to request them to process our PERM applications. Please act now, if not we will miss the bus.
i just called her she passed the buck to 404 893 0101
more...
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senthil1
07-06 01:34 PM
If they would not have approved 25k cases in 2 days still they could change the cut off date instead of making unavailable. In any case accepting 500k to 700k applications when Visa number not available might create more problems for USCIS than current mess. I think USCIS well aware of potential lawsuit as they got opposition for similar thing for EB3 other workers in June. There is no strong motive for Scandals as no one gets Finanicial benefit in USCIS or DOS. It needs to be seen how Courts will handle Adminstrative mess up. It is highly unlikely for courts to order USCIS to accept I485 even if they find violation of law. But if court considers the lawsuit it will be used to fix some of the issues in VB regulations
07/07/2007: State Department Record of EB Visa Number Authorization Involving Current Fiasco
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of application on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiate any discovery, the truth starts coming out of the cabinet a bit by bit.
07/07/2007: State Department Record of EB Visa Number Authorization Involving Current Fiasco
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of application on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiate any discovery, the truth starts coming out of the cabinet a bit by bit.
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learning01
04-26 12:18 PM
I believe, that was the bone of contention when LK Advani visited USA in 2003 ( I think I read it in Times of India) when India sought the return of SS Tax and Medicare Tax collected from H1B holders who returned to India. I believe it amounts to USD 700 million to USD 1 billion.
US linked the discussion SS tax return to Indian Police and Military participation in peace keeping in Iraq after US war on terror in Iraq. US insisted that they will return the money to a similar SS system, if India institutes one. US could not win support from world nations (and India) because of this use of (I don't know the term), call it 'link it to something that cannot be done'. You know what I mean.
Many such policies need to be straightened out. It is a simple fact and nothing complicated about it. Don't collect SS tax and Medicare if the temporary worker is from a country to which US cannot repatriate the money, for whatever reason.
We all can visualize what difference the return of that 'sweat money' would have meant to the effort on the war on terror. Pure success.
When you apply for permanent residency in a developed country, you have to cover certain criteria and then you get the approval prior to entering the country. This criteria may include job invitation from a local company (New Zealand recent approach) etc but the point is that the relationship between the potential immigrant and the country-recipient are clear.
The situation in the US is different - you come here to work temporarily only and you must state that you will return back upon expiration on your visa. On the other hand, there is an option to apply for permanent residence but it is not guaranteed - it is only a possibility.
OK, I can live whit this approach. But when applying for a GC and would like to BE ABLE TO GET REPLY IN A RESONABLE PERIOD OF TIME - 2-3 months, not 3-4 years ! If approved, I would like to BE ABLE TO GET MY GC IN A REASONABLE PERIOD OF TIME - 6-12 months, not another 5-6 years ! Than I can take a decision what to do and where to go.
I also do not mind to pay for SS and Medicare. That is OK as long as I get these money back if I do not became a permanent resident/citizen of this country. And I should get it back with an average market interest rate for those 6-7 years. Same if I would have invested them in bonds or so.
That is a fair approach ! Why I have to state that I am coming here temporarily only and then be forced to pay for SS and Medicare ? Because I am retarded and do not understand what is going on ?!
US linked the discussion SS tax return to Indian Police and Military participation in peace keeping in Iraq after US war on terror in Iraq. US insisted that they will return the money to a similar SS system, if India institutes one. US could not win support from world nations (and India) because of this use of (I don't know the term), call it 'link it to something that cannot be done'. You know what I mean.
Many such policies need to be straightened out. It is a simple fact and nothing complicated about it. Don't collect SS tax and Medicare if the temporary worker is from a country to which US cannot repatriate the money, for whatever reason.
We all can visualize what difference the return of that 'sweat money' would have meant to the effort on the war on terror. Pure success.
When you apply for permanent residency in a developed country, you have to cover certain criteria and then you get the approval prior to entering the country. This criteria may include job invitation from a local company (New Zealand recent approach) etc but the point is that the relationship between the potential immigrant and the country-recipient are clear.
The situation in the US is different - you come here to work temporarily only and you must state that you will return back upon expiration on your visa. On the other hand, there is an option to apply for permanent residence but it is not guaranteed - it is only a possibility.
OK, I can live whit this approach. But when applying for a GC and would like to BE ABLE TO GET REPLY IN A RESONABLE PERIOD OF TIME - 2-3 months, not 3-4 years ! If approved, I would like to BE ABLE TO GET MY GC IN A REASONABLE PERIOD OF TIME - 6-12 months, not another 5-6 years ! Than I can take a decision what to do and where to go.
I also do not mind to pay for SS and Medicare. That is OK as long as I get these money back if I do not became a permanent resident/citizen of this country. And I should get it back with an average market interest rate for those 6-7 years. Same if I would have invested them in bonds or so.
That is a fair approach ! Why I have to state that I am coming here temporarily only and then be forced to pay for SS and Medicare ? Because I am retarded and do not understand what is going on ?!
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vkannan
02-23 08:27 PM
Lost Until Death!
~GCA
:) Good one Buddy
~GCA
:) Good one Buddy
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coopheal
03-10 07:05 AM
So EB3-I may move only by 2 months for the rest of the year?
Yes EB3I move is going to be painfully slow.
Yes EB3I move is going to be painfully slow.
more...
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boreal
07-06 12:35 AM
You need to change the SUBJECT also...
/***
FBI fingerprint bumping and checks are IGNORED for IMMIGRANTS - Can not believe it ? This is called HOMELAND SECURITY ???
How come USCIS / DOS can ignore CRITICAL FBI name check steps ?
***/
DUGG
/***
FBI fingerprint bumping and checks are IGNORED for IMMIGRANTS - Can not believe it ? This is called HOMELAND SECURITY ???
How come USCIS / DOS can ignore CRITICAL FBI name check steps ?
***/
DUGG
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singhsa3
07-20 12:26 PM
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
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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.
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.
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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.
GCKaMaara
10-27 07:43 AM
Good job GCWonder & cnachu2.
I got few PM from senior members that they sent mails too. Please do not loose the momentum - keep sending mails.
ItIsNotFunny, thanks for reminder.
I got few PM from senior members that they sent mails too. Please do not loose the momentum - keep sending mails.
ItIsNotFunny, thanks for reminder.
rpchalasani
06-04 11:09 AM
I Contributed $ 100.00 Now.
Receipt # 4674-1281-7879-3812
Thanks,
Receipt # 4674-1281-7879-3812
Thanks,
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