theonlyron
07-24 05:48 PM
I am a PT on an H1B visa working for the last 3 years. I have a pending I-140 (PD March 07). My husband and I shall be filing our I-485's soon. My visa screen is valid till Nov 2009. At the rate things are moving dont think my PD will be current for a while. Does that mean I have to renew my visa screen in 2009? Not sure if it had to be present at time of filing I-485 or at time of receiving a visa number.
wallpaper A-listers Kate Hudson and
peyton sawyer
08-02 08:30 AM
hey..
sorry wasn't able to notice we have the same inquiry about ds230..
anyway, you can check your case status thru automated phone system, check out the phone number in the accompanying letter you got from nvc lately.. just use touch-tone telephone
sorry wasn't able to notice we have the same inquiry about ds230..
anyway, you can check your case status thru automated phone system, check out the phone number in the accompanying letter you got from nvc lately.. just use touch-tone telephone
Libra
09-12 07:35 AM
awesome!!! thank you Milind123. u da man.
2011 Kate Middleton#39;s
sc3
09-14 11:08 AM
This is really sad. I dont expect Eb2s to understand EB3's plight, but to blame the EB2 backlogs on EB3, and the false accusation that we are getting EADs out of turn -- that is simply disgusting. While you are at it, why dont you blame EB3s for all the ills in the world, say the war in Iraq, Darfur issue, the gas prices, terrorism, the housing collapse in USA, Nazi genocide. Please feel free to explode the list at your will. You are obviously more wizened than EB3s, so we might be doing things without our knowledge.
I hope there is more and more EB3 interfiling, so that these "holier-than-thou" EB2s get their misplaced sense of superiority smashed to smithereens, and get to know the pain of waiting for long periods of time.
Most EB2 justify the need for getting their GCs sooner is because they have been here longer (throwing out numbers like 1995, and such). They dont even realize that the actual "wait counter" starts after filing for GC. If you could not hold on to a job or joined a job that did not sponsor your GC earlier. that is your fault. Not USCIS' not EB3s' yours. Get it. YOURS!.
If you are so special take some time to read the law. Labour substitution was not defined in the laws, which is why it got explicitly junked. PD porting is part of the law.
If you want to work on an action item work on 5882.
I hope there is more and more EB3 interfiling, so that these "holier-than-thou" EB2s get their misplaced sense of superiority smashed to smithereens, and get to know the pain of waiting for long periods of time.
Most EB2 justify the need for getting their GCs sooner is because they have been here longer (throwing out numbers like 1995, and such). They dont even realize that the actual "wait counter" starts after filing for GC. If you could not hold on to a job or joined a job that did not sponsor your GC earlier. that is your fault. Not USCIS' not EB3s' yours. Get it. YOURS!.
If you are so special take some time to read the law. Labour substitution was not defined in the laws, which is why it got explicitly junked. PD porting is part of the law.
If you want to work on an action item work on 5882.
more...
bigboy007
06-03 01:35 AM
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
indyanguy
11-01 09:37 PM
Has anyone done and research on what are the benefits of being LLC- S(single self employed) or to work for your wife's company (after she gets EAD) as compared to being on a regular payroll in a company..
I know you can show up your car/ cellphone/ homephone/ and some misc food expenses as for your business.
Has anyone done any detailed research on what is better?
I have the same question. Any answers?
Thanks
I know you can show up your car/ cellphone/ homephone/ and some misc food expenses as for your business.
Has anyone done any detailed research on what is better?
I have the same question. Any answers?
Thanks
more...
Edison99
04-30 10:04 PM
Thanks Leo07 for the great link!
It's good beginning though.......
It's good beginning though.......
2010 heels and Kate Hudson also
polapragada
09-14 12:16 PM
Please do not make false statements. You are trying to paint everyone with the same brush.
I had a Masters at the time EB3 was filed in 2002....from a top US school. The employer was okay with any category. The lawyer messed up...said that all categories were current and he knows best.
This might be true in your case but not with every body else
I had a Masters at the time EB3 was filed in 2002....from a top US school. The employer was okay with any category. The lawyer messed up...said that all categories were current and he knows best.
This might be true in your case but not with every body else
more...
neoklaus
12-27 09:46 AM
I 131(AP) mailed on Aug.15 to NSC
RN Oct.1
Still nothing...
Member of Florida State Chapter
RN Oct.1
Still nothing...
Member of Florida State Chapter
hair Kate Hudson In-Style - January
ebizash
07-14 04:01 PM
Sig done too
more...
Macaca
10-01 12:21 PM
In 2002 all the EB visas were issued (174,968). However, there were 31,532 unused family preference visas, so the limit for 2003 was 171,532 (140,000 + 31,532).
Guess what, in 2003 they only approved 82,137 EB visas, so they ended up with 88,482 unused EB visas
From where did you get 174,968?
Is there any case where unused FP #'s were captured for EB?
Guess what, in 2003 they only approved 82,137 EB visas, so they ended up with 88,482 unused EB visas
From where did you get 174,968?
Is there any case where unused FP #'s were captured for EB?
hot celebstyle-hawn-hudson-madonna
willwin
07-11 11:15 AM
Priority Date to 2006 to me is like a flashlight in the middle of the tunnel. Whether battery will run out (retrogression again) before USCIS acting on my file is a miilion $ question.
Let us hope for the best.
I pray for EB3 brothers and sisters and they realizing so called american hope sooner with CIR.
Is CIR the only way for EB3 to get GC? Real sad! As good as saying that all EB3 applications are going to be null and void.
Let us hope for the best.
I pray for EB3 brothers and sisters and they realizing so called american hope sooner with CIR.
Is CIR the only way for EB3 to get GC? Real sad! As good as saying that all EB3 applications are going to be null and void.
more...
house Kate Hudson! Two words…
girishvar
07-11 11:18 AM
Girish - CIR was meant to help the illegals not us folk. I hope we never have to see CIR again . It would just mean millions more ahead in line whereas we who have been waiting for years will be sent to the dustbin.:mad:
What I try to meant for legal relief from congress. I am really concerned about eb3 and many of my close friends are in the same boat.
What I try to meant for legal relief from congress. I am really concerned about eb3 and many of my close friends are in the same boat.
tattoo Kate Hudson
vandanaverdia
09-12 12:47 PM
With such a great initiative here... I am sure a lot more first time contributors will come forth. Pls dont wait any longer... Pls contribute towards the drive. We have lots to achieve & very little time...
Kudos to Milind123... u r doing a great job....
Kudos to Milind123... u r doing a great job....
more...
pictures kate hudson ~ heidi klum
santb1975
05-23 05:04 PM
We gotto
dresses Celeb Style: Kate Hudson
learning01
04-25 01:56 PM
Let's talk about how backlog has affected us or our green card process. Let's discuss, write, post here about how to ask law makers to increase visa numbers for green cards affected by retrogression. Let's ask the USCIS to revert for concurrent filing. Write about these. Write letters to editors, to law makers, to companies. Let's stay focussed. Already there is the CIR is stalled for lack of agreement between Sen. Frist and Sen. Reid.
Let's take this PD definition discussion offline, as at present this is not a goal of IV. Am I correct?
The priority date based on the person first entering the US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one.
This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..
Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.
Let's take this PD definition discussion offline, as at present this is not a goal of IV. Am I correct?
The priority date based on the person first entering the US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one.
This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..
Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.
more...
makeup Kate Hudson style before
vdlrao
06-11 07:25 AM
anyone wants to guess as to when EB3(I) will reach 2003 Dec. I know it is long long time away but it has to reach that date some time in the future.
Dont worry good days ahead. I am presuming that at some point of time in the next two to three years all the EB categories will be cleared off with no backlogs.
Dont worry good days ahead. I am presuming that at some point of time in the next two to three years all the EB categories will be cleared off with no backlogs.
girlfriend Kate Hudson in Work Custom
Jaime
09-12 05:04 PM
Bump
hairstyles cut like Kate Hudson#39;s in
HumJumboHathuJumbo
09-10 12:58 PM
I, for one, am happy with this Oct visa bulletin. This is how it should be. First give GCs to all those with < 2003 PD. You guys with 2006 and 2007 pd should be glad you even got to file I-485 and EAD. What are you bitching about?.
I dont care about the red dots. I stand corrected. you guys are being selfish.
I dont care about the red dots. I stand corrected. you guys are being selfish.
javadeveloper
07-18 04:25 PM
Hello All,
Some food for thought.
As I understand we (i.e IV) has 21000 members and 14000 active members. If even each active member contrubute $ 20 per month, that would be $ 420,000 per month or about $ 5 Mn per year.
Imagine the miracles that we can do with that kind of fund!! And I am damn sure that we can afford $ 20 per month. Cost of few gallons of gas per month.
Non contributing, active members! Please wake up atleast now and do some soul searching!!!
I do agree , but I do not see any $20 contribution in google checkout or paypal.We have to mail the checks.I guess we can get more contributions if we include $25,$50,$75 contributions in google checkout as well as paypal.Correct me If I am missing some thing.
Some food for thought.
As I understand we (i.e IV) has 21000 members and 14000 active members. If even each active member contrubute $ 20 per month, that would be $ 420,000 per month or about $ 5 Mn per year.
Imagine the miracles that we can do with that kind of fund!! And I am damn sure that we can afford $ 20 per month. Cost of few gallons of gas per month.
Non contributing, active members! Please wake up atleast now and do some soul searching!!!
I do agree , but I do not see any $20 contribution in google checkout or paypal.We have to mail the checks.I guess we can get more contributions if we include $25,$50,$75 contributions in google checkout as well as paypal.Correct me If I am missing some thing.
gaurav_sh2
02-24 07:39 AM
I was in same dellima couple of months before. I was working as a permanent employee in USA but company was not doing good. My PD is feb 08 in EB-2. I weighted all options and decided to move back. Tried in couple of places and within 3 months got a good offer. Now working with world top 10 employer at bangalore as a Project Manager since Nov 09.
I am happy with my decision as of now.
I suggest its not worth waiting 10 years for GC. Life is more to be lived than to wait for GC.
I am happy with my decision as of now.
I suggest its not worth waiting 10 years for GC. Life is more to be lived than to wait for GC.
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