Tuesday, June 7, 2011

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  • harsh
    03-16 02:03 PM
    Would it help to call senator Specter's office to find out what he feels about the chances of his bill? Will it get a chance to go through all the amendements by the committe or Senate Leader will table his own bill on 27th?




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  • pappu
    07-11 11:34 AM
    EB2 benefited from EB1 spillover once this bucket is full - I'm sure EB3 will move a great deal.

    Another reason could also be EB2ROW spillover.

    It is unfortunate for EB3 folks that their dates are not moving.

    Let us wait for the official DOS bulletin and see what reasons they give to advance the dates significantly. Else IV can contact DOS to know how these projections were made.




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  • Mouns
    04-30 03:20 PM
    :mad:




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  • 9years
    10-21 02:40 PM
    Thank you all and I will contribute. to IV.



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  • at0474
    04-01 11:34 AM
    If the system is flawed, any effort to work it out to get things done would seem incompetent and inefficient. First off, this guessing game by USCIS of estimating visa applications and asking for visa numbers from DHS is so neondartal and ridiculous.

    Process must be automated and centralized to eliminate any human intervention in performing guesstimates. A pool of visas must be made available in the system and must remain available for the next year to be carried over if needs be. That would eliminate pressure on officials to play the game in the dark and rush like maniacs at the end of the fiscal year to catch frogs!




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  • dante1271
    07-19 01:43 PM
    Jimi,

    I'm in Riverside.



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  • bigboy007
    06-03 01:35 AM
    I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

    Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

    Here it goes :

    There are two important sections of Student visas.

    this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
    ================================================== ====

    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended—
    16
    17 (1) by striking the parenthetical phrase “(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking “under section 101(a)(15)" and inserting in its
    24 place “under the immigration laws.".
    25
    26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
    27 Subsection (h) of section 214 of the Immigration and Nationality Act
    28 (8 U.S.C. 1184(h)) is amended—
    29
    30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
    31
    32 (2) by striking “if the alien had obtained a change of status" and
    33 inserting in its place “if the alien had been admitted as, provided
    34 status as, or obtained a change of status";


    ================================================== =====

    what does (c) in Student visas do :

    214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

    As stated in US code of Law this is what it is :

    ================================================== ======
    "Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

    ================================================== ======

    By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

    Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

    This is how : when (d) of the above Student visa section is applied this is how it turns :

    This is from US code of rules pertaining to 8 U.S.C. 1184(h)

    (h) Intention to abandon foreign residence
    The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

    ================================================== ======

    Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

    based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

    Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.

    Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.

    *******************

    But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.




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  • nitinboston
    06-11 02:53 PM
    I keep reading we should fight for out rights and all. I am just curious
    where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
    And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.



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  • 9years
    12-10 08:00 AM
    Hello 9years: Thanks for sharing the info all along. A quick question:

    I got my EB2 Labor certified today, and now my lawyer is preparing EB2 140 as an interfile into my existing EB3 485.

    Is this recommended or should we do regular premium 140 and request date porting once its approved?

    If we do decide to do interfile now during 140 application. Is it advisable to do premium processing?

    Thanks,
    Hi AllVNeedGcPc,

    Congrats on your labor approval. As already mentioned doing premium does not hurt but it will expedite the process(to my knowledge). Talk to your attorney and company. They are the one who supposed to take decision. In my case Eb2-140 approved copy has priority date of EB3. Porting request also does not hurt and it could do better. Best of luck.




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  • Aah_GC
    06-10 03:35 PM
    My PD is Dec. 04, and my I-485 was filed during the july fiasco in 2007. My PD was current since March 08 until it will become "unavailable" in June 08.

    My attorney got update from Nebraska SC in May stating "Your case is in queue for green card." Now what will happen to my case since EB-3 ROW will be unavailable in June? Does that mean an IO once opened my file after March and will close it without processing any further because of the change in the June Visa Bulletin?

    I am confused. Please share your insights and experiences.
    Thank you.

    Sorry about your case. Why dont you open a new thread? you might get many replies..



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  • vin13
    03-04 04:45 PM
    Both my wife and I got RFEs in October for medical test and now the status shows "Case Resumed".

    How do you find out if your case is Pre-Adjudicated?




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  • krishnam70
    01-14 12:11 PM
    Think NSC needs to wake up about this AP delays. Lots of travel plans cancelled or moved to later dates to deal with this inordinate delays. Is it time for another flower campaign?



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  • chintainfogc
    07-14 02:06 PM
    Sent $ 25 via online bill pay

    Confirmation Number: 7YB35-12VJB

    Thanks
    Chinta




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  • saimrathi
    08-10 02:51 PM
    Just contributed $100 to IV.. Do your part guys...



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  • skakodker
    03-01 10:49 AM
    [You are relatively at peace because your PD is 2005 and you are in EB2.
    Moreover since you are already filed 485 and its more than 6 months you are secure.
    For rest the situation is precarious

    As it relates to my green card application, my situation is relatively better than some. If you search my previous posts, you will note my similar expression of frustration a few months/years ago. I don't want to go into the details behind how justifiable my frustration felt at the time - those are facts that I can do nothing about.

    So I gave up and quickly made plans to return to our homeland. I was lucky to have a moment of clarity about a month before pulling any triggers because shortly thereafter, I read Lance Armstrong's book - "It's Not About the Bike". "Man's Search for Meaning" by Viktor Frankl was another very inspring work for me. I have since read many books on similar subjects - some good and some not so good - but more importantly, I now believe, with all my heart, that how I feel is entirely up to me. Not only is it just up to me, I am 100% accountable for it.

    I am not saying you shouldn't express your feelings or seek the comfort of friends when you want to. I am simply offering some details around what works for me and why I am not as frustrated as I once was.

    My green card "struggle" - if you can call it that - no longer impedes my ability to enjoy this moment. There are more people-including children-facing far more significant challenges across all walks of life. I accept my green card situation for what it is. I work everyday on what I ought to be doing and strive to leave doubt and worry behind (per Huxley's age old advice). This works for me.

    I would love nothing more for it to work for everyone.

    Best,

    Sunil




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  • realizeit
    07-11 10:51 AM
    These two could be the real reasons why they changed the dates to 2006-June-01.

    1. USCIS want to utilize all available EB2 and EB1-Balance GC numbers before 2008-0ct-01. So, they moved the EB2 dates in such a way that there is enough room for obtaining approvable and valid EB2 applications.

    2. They could just move the dates to somewhere at the end of 2005 instead of 2006-June to achieve the same result. But, they did this specifically to include some relief to EB2 CHINA folks as well. EB2 China backlog starts from the beginning of 2006.

    3. This reason is from my imagination: USCIS is a govt organization..You know. I heard stories that corruption is there everywhere in a GOVT system. Some influential applicant needs to get the benefit and they moved the dates to June-2006. :)) HEY THIS IS NOT TRUE :)

    Oh by the way, this won't last long. The month September could see an "UNAVAILABLE" EB2 or "2004-APRIL" EB2.


    My heart jumps with joy, but my brain still caution the heart to wait for the official visa bulletin at DOS/USCIS website. USCIS has a trend of "correcting" the visa bulletin. Nevertheless, if the dates are really what they are published at Mumbai site, its a time for us to be happy.

    EB2 looks promising, but in this moment of joy lets not forget our friends in EB3 category. Anyone whose priority date is current, please don't just move forward with your joy, and continue to support IV and our initiatives to help legal immigrants. We have suffered so much because the folks who came prior to us never bothered to support legal immigration, once they got their their GC. Please remember that after GC/Citizenship, your status in this nation depends on how active you are socially/politically.



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  • raysaikat
    01-06 04:11 PM
    I am not sure why people jump onto drawing conclusions so fast...look at the above post from a so called professor....he encountered a couple of a folks from some universities & concludes that those universities are just crappy....!! Many of my colleagues are from the professors' "oh-so-good" list of IITs/univs and they are no better!! (In fact, some of them suck so bad)!!

    raysaikat - Do you really think any student from the above crappy-univs could not tell what is f(0.7) by looking at the graph?? Do you really think those univs (anna/osm...) are so bad? Now another question for you prof....how come are you working in a university that's giving admissions to such a bunch of crappy folks...!!?? Given this fact, can we also safely assume that the university you are teaching-in is a Crappy one, which could only attract the bottom pile from your above list of crappy-universities??

    PS: Sorry for digressing from the main topic of the thread.

    I do not particularly disagree with either points. AFAIK, there are many colleges under the Anna University (i.e., students from all colleges get the same degree); some of them might teach properly and students may learn something. But the point of illustration was that there got to be some serious problems with those degrees if a significant number of students are getting that degree without actually learning/knowing anything. I never made a statement that *every* Anna/Osmania Univ. student is bad. My statement is that I have witnessed a large number of singularly bad students with degrees from those Universities. Those students may well be at the bottom pile. The point is that even a bottom level student who get an engineering degree must know better than those students: otherwise they should not be given the degrees. There are not-so-good people in IITs (B.Tech) as well; I know a few personally. But even they are way better than the students I have encountered. Let me know if you have met some B.Tech (and not M.Tech) from IIT who cannot write a 'hello world' in C; I am very curious.

    I also do not disagree with your second comment. But that clearly illustrates the point that Wadhwa stated; there is a severe shortage of jobs that *require* a Ph.D. It is plain impossible to get a faculty position in a reasonable school in CS/EE, in particular, in computer networking. There are just no jobs. Note that my track record is quite good: Ph.D. from a good school (although not in the top ten) with a good publication list (a reasonable number of papers; all in good journals/conferences like Transaction on Networking; JSAC; INFOCOM, etc.; most of them cited many times) and a post-doc from an Ivy league school. At present, other than Biomedical Engineering and related fields, faculty positions are very scarce. And hopefully you understand that you cannot "change fields" like a computer programmer since in academia you need to have a research record of 4-5 years in the new field before you can change to it. I wanted to be in academia and struck this trade-off of accepting a position in a not-so-good school.




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  • heywhat
    10-08 01:15 AM
    I got my I140 approved in just 3 months (filed in Jul'08 and approved in oct'08) .. My I140 was filed in EB2 at NSC...




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  • arnab221
    06-10 01:09 PM
    The best way is this .

    1) Apply labor and I140 .

    2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .

    3) Return to Booming India and have fun and make money . Raise kids . Change jobs .

    4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D

    5) Retire in the USA in instead of India . :D

    Advantages
    **********
    1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )

    2) Give kids the Indian upbringing .

    3) Enjoy with your family , friends and relatives

    4) Come and back and retire in USA after retirement .




    Winner
    05-03 02:34 PM
    Can the members in Texas and others call on Sen. Cornyn's office and ask him to support the bill. I just called their office, and the staff says that he has no statement from the senator, and therefore has no position as of yet. I asked him about the above report, and all he offered was "no comments"

    Hope IV members step up their efforts in calling the list of Senators and post their feedback on this forum. We can learn from each others feedback and bring more pressure on these legislators.

    Not sure why they are so inconsistent, I called Sen. Cornyn's office an hour ago and spoke to one of his staff members, they told me Senator does not support the bill because of the issues he has will parts of the bill which provides undocumented works a path to citizenship, but we had a good a good conversation about the legal immigrants issues and potential solutions in the bill. She promised to convey my message to the senator.




    qasleuth
    03-12 08:15 PM
    I consider FOIA is a multifold success. Not only we achieved milestone 1 of $5K, we were successful enough to wake up members to do something after long time. Why do you think the very same members were sleeping? I don't believe IV Core was not doing anything in last few months but members always felt that there is no plan of action from IV. There is nothing worst could happen to us just by disclosing our plan of actions in controlled way like:

    1. <<ABC>> is preparing document for final data information.
    2. <<XYZ>> is evaluating other options how we could retrieve this information.
    3. <<DEF>> is understanding how FOIA works and how long it will take us to get data and what will be the best option to get it earlier.
    4. <<MMM>> is working on funding drive for this.

    There is no reason to hide even this kind of information. But if we do this, members understand what we are doing at high level.

    My 2 cents.

    I totally agree. It is not a question of being transparent Vs secretive, it just gives us all a sense of purpose and direction.

    Also, information like how much IV is spending on lobbying on a monthly basis ? As this information is publicly available (in fact Sanju could find it by searching for under 10 mins and can be googled),why can't it be displayed on the website ?



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