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mohanty99

07-18 10:56 PM

This seems very unfair to people who had earlier PDs (2004 & 2005) and who have waited so many years to file. Now, people with PDs in 2007 will jump ahead of them in the queue just because of this fiasco, juts because they filed earlier. :confused:

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9years

11-08 06:16 PM

I got a email notification from my attorney just now that my I-140 is approved with priority date ported from EB3. Not sure whether I should wait few weeks before initiating interfiling process.
Congrats on your I-140 approval.

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glen

07-05 01:19 PM

Wrote emails to FL senators. I will call them now.

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bsbawa10

09-10 04:03 PM

Completely Agree with you. Rather have some process than none.

I agree 100% too. Just feel so helpless.

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gc_on_demand

07-15 08:12 AM

Just sent 10 USD using BOA bill pay : 7YDGQ-HNRRZ


GO IV GO...

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gimmeliberty

07-24 11:39 AM

From what I understand many 485 applications(not all)received in accordance to the June bulletin MAY have been preassigned a visa number(from the leftover 60,000 visas) NOT an approval.Although they are not supposed to pre assign numbers without name checks etc, is'nt it obvious that they might have done that??. They have a lot of cases to approve until Sept 30(from that 60,000 number)



But how cud they accept and process the application if his date was not current in june ??

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peacock

09-14 11:18 AM

Sent more email's this morning about the rally to a no of news papers,radio and TV stations including
Washington Business Journal
Washington City Paper
Washington Post
Washington Times
Washington Diplomat
C-SPAN Radio
National Public Radio (NPR)
Radio America
Voice of America
Public Interest
Fox News Channel
Financial Times
New York Observer
New York Times Syndicate
NBC News
Financial Times
Air America Radio
Newsweek ON AIR
RadioNation
Beaver Press
Blue Mountain Panorama
Box Elder News Journal
Deseret Morning News
Eagle Sentinel
FCCTV
WRC (NBC-4)
WTTG (Fox 5)
WUSA (CBS-9)
Pacifica Radio
ADA News & Notes
American Enterprise
American Prospect
American Spectator
Accuracy In Media

Also sent email's to this list of reporters

mcuban@hd.net,
wnelson@hd.net,
nytnews@nytimes.com,
news-tips@nytimes.com,
washington@nytimes.com,
AmericasNewsroom@foxnews.com,
satya.prakash@hindustantimes.com,
pmagazine@hindustantimes.com,
aditya.ghosh@hindustantimes.com,
Fatherjonathan@foxnews.com,
Drmanny@foxnews.com,
Beltway@foxnews.com,
Myword@foxnews.com,
Bigstory-weekend@foxnews.com,
Bigstoryweekend@foxnews.com,
Bullsandbears@foxnews.com,
Cash@foxnews.com,
Cavuto@foxnews.com,
Fncimag@foxnews.com,
Forbes@foxnews.com,
Friends@foxnews.com,
Feedback@foxnews.com,
Jamie@foxnews.com,
Fncspecials@foxnews.com,
FNS@foxnews.com,
Newswatch@foxnews.com,
Foxreport@foxnews.com,
Atlarge@foxnews.com,
Heartland@foxnews.com,
JER@foxnews.com,
Lineup@foxnews.com,
Ontherecord@foxnews.com,
Oreilly@foxnews.com,
Redeye@foxnews.com,
Special@foxnews.com,
Studiob@foxnews.com,
Hemmer@foxnews.com,
Colonelscorner@foxnews.com,
Housecall@foxnews.com,
Hannity@foxnews.com,
Colmes@foxnews.com,
Letters@newsweek.com,
Customer.Care@newsweek.com,
viewerservices@msnbc.com,
today@nbc.com,
wt@nbc.com,
mtp@nbc.com,
abc.news.magazines@abc.com,
[email]letters@msnbc.com
__________

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santb1975

06-14 05:15 PM

??

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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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rashbhat

08-12 10:05 AM

Just thought let me update my case here.

I filed my 485 on July 2nd @ NSC and my checks got cleared yesterday (8/11/07). So as per murthy's coment I tried looking @ back of the checks to get my LIN #'s and I was able to trace it in the USCIS web site and it shows "Application received and the Receipt notice mailed".

So I feel like they are aggressively working on the applications which are filed on July 2nd and hopefully everyone will get their Receipt notice by end of this week.

Hope this will help many people and give a good hopes.

Thanks

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Sachin_Stock

08-23 10:24 AM

My friend EB2 is all ONE category. Please see the OR in that sentence.

to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

Its sad but its going to apply for all EB2 applicants.

This draft memorandum was released today for comment until September 3, 2010 when it may be adopted as an official memorandum revising Adjudicators Field Manual. It touches the issues of evidentiary criteria for adjudication of I-140 immigrant petitions in EB-1A(Extraordinary Worker), EB-1B(Outstanding Professor or Researcher), and EB-2(Exceptional Ability), requiring two-prong test in the adjudication.

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sertasheep

07-29 08:07 PM

Dear schedule A professionals,

Please support member 'paskal' (physician) in his efforts.
Several exciting initiatives are underway on the healthcare front, and we also invite professionals from other fields(apart from healthcare). However, y'all must take up leadership and lead these efforts via IV as the platform!

The agenda should align with general objectives of IV, and we welcome professionals from fields. Please spread the word among the nursing/PT and other communities.

IV is not restricted to any one nationality alone!!(But, please restrict your conversations to English)

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eb3retro

03-15 04:16 PM

Interesting Summary

http://www.aila.org/content/default.aspx?docid=18831


hope aila has some good lobbying group to push bills like these..

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insbaby

08-13 04:45 PM

EB-3 won't need help when everyone else is done because the only people left to allocate visas would be EB-3 only . I guess we are just in for a long long wait.

That situation never occur. EB2 is going to be always filled up. No one is going to apply in EB3 in future and all in EB2, so all will go to EB1,EB2.

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GC_1000Watt

03-06 01:37 PM

Sorry to hear about your ordeals. The good news is that EB3- ROW should move forward at a good clip in a few months - some estimates from a lawyer I talked to seem to indicate a jump into early 2006 by the end of this year, so hang in there and remember that it is darkest before dawn.
If you are keen on a backup, have you considered immigrating to New Zealand? It is a great option if you need a peaceful life and the weather is just like California (unlike Canada) and they have universal health care too. For people who have worked in the US for a few years in recognized fields, NZ is quite easy to immigrate to and very quick. Your English seems to be quite good so I don't see why you should be so disheartened. I guess this advice also applies to Indians who are frustrated with the delays.
Good luck!

Thanks for the info buddy. Where to find more information on immigration to NZ? Please guide me on that.

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gc_dream07

03-04 01:26 PM

I had soft LUDS 2 weeks ago. I do not know if it means anything.

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kshitijnt

05-09 04:16 AM

I am on H1, my wife is on F1, we filed joint taxes as residents on 1040. Both have ssn. Got the $1200 deposited today. I am happy :D

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chanduv23

11-24 05:27 PM

I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??

Maybe we should get it from the horse's mouth and I am sure it is not easy because USCIS will not admit that 485s get denied when invoking AC21

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desi3933

08-04 11:28 AM

>> I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

Not correct. Please refer to visa bulletin. It has changed many times in last 10 years. In fact, last year it was current for EB-3. Again, please state facts only.

>> A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on.

Greencard processing is based on employer-driven process. Most of the cost should be borne by the employer.

One should be responsible only for I-485 related fees. How it can be $15,000+.

Do you have any basis to back this claim of average $15,000-$20,000.

>> Being stuck in a green card process keeps us bonded with 1 employer, job type etc.

Why are you bonded? You are free to join any employer of your choice.
After 180 days of I-485 filing date, one can avail AC-21 as well.

>> We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment.

Are you really waiting for a decade?

>> We understand that you work with in the limits of the law ...
Same holds for person who has filed for I-485.

Again, I truly understand the frustration for EB-3 India applicants, but letter should be based on facts and words like bonded should be avoided. One should be able to back every single line of the letter.

Good Luck.

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jonty_11

07-06 02:19 PM

The USCIS automated line for Priority dates is still playing the PD's for June 2007 showing that EB-3 India cut off June 1st 2003 etc..

We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
Man you wish too much....

they will never make numbers current in Oct 07...even if they are...esp after this lawsuit...

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NolaIndian32

07-11 10:37 AM

I second yabadaba's sentiment! :):):):):):):):):):):):)


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