485Mbe4001
06-10 12:07 PM
Recapture is actually a non controvertial issue and most politicians support it in private. The business lobby was sucessful in getting it done (btw the democrats opposed it even then). These days we have the sword of 'amnesty' hanging over everything related to immigration plus the positions are so polarized that it is impossible to get anything done. The lame duck presidency isnt helping either, each congressman/senator has to worry about its own agenda and their people.
With the internet every little bit of information is distributed immediately and the opposing forces can easly create noise to drown it...that in a nutshell is why nothing is working for us.
As mpadapa mentions people satisfied with EAD/AP think that life is good and dont want to help. When people wait in EB3 for 7-8 years and renew EAD/AP for 4-5 times like i have, they will understand. Untill then we hope and pray and call
Visa numbers have been recaptured in the past (year 2000, I think).
Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?
Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.
Perhaps we can borrow some of their wisdom.
With the internet every little bit of information is distributed immediately and the opposing forces can easly create noise to drown it...that in a nutshell is why nothing is working for us.
As mpadapa mentions people satisfied with EAD/AP think that life is good and dont want to help. When people wait in EB3 for 7-8 years and renew EAD/AP for 4-5 times like i have, they will understand. Untill then we hope and pray and call
Visa numbers have been recaptured in the past (year 2000, I think).
Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?
Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.
Perhaps we can borrow some of their wisdom.
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slowwin
04-03 09:13 AM
Administrator,
can you please CLOSE this thread, please ?
1) It's annoying to see grown up ppl fight like children.
2) This forum needs to keep it's focus. Members are supposed to help each other and our cause. We are IV and IV is us.
3) we do not need internecine fights, that digress's from our mission.
4) This thread is contributing to wastage og volunteer resources, computer resources, temperments and increasing member frustations and BLOOD PRESSURE.
I humbly request you to put this to rest by closing this thread.
can you please CLOSE this thread, please ?
1) It's annoying to see grown up ppl fight like children.
2) This forum needs to keep it's focus. Members are supposed to help each other and our cause. We are IV and IV is us.
3) we do not need internecine fights, that digress's from our mission.
4) This thread is contributing to wastage og volunteer resources, computer resources, temperments and increasing member frustations and BLOOD PRESSURE.
I humbly request you to put this to rest by closing this thread.
go_guy123
02-24 01:20 PM
Dont assume that people who gone back to India and working a manager are living happily without any issues.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
Very coreect uma...you can forget career growth in India without a MBA degree.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
Very coreect uma...you can forget career growth in India without a MBA degree.
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ilikekilo
07-24 11:47 AM
my own guess..with all these random approvals and stuff happening i am guessing that the PD for eb3 india would be in late 2003 (dec 2003) or early 2004 like jan/feb 2004...
more...
eb3_nepa
07-14 03:34 PM
Sent $21.. 7YB8Z-XTRJT.
Thank you.
Nice. Any particular reason for the 20 + 1? :)
Thank you.
Nice. Any particular reason for the 20 + 1? :)
Libra
09-11 02:30 PM
my count on this thread is 12950 so far....17050 more to go
Moderators,
How far are we from tally.
Also important is to get petition signatures for rally.
Moderators,
How far are we from tally.
Also important is to get petition signatures for rally.
more...
cnag
10-25 10:27 AM
I have emailed to the Ombudsman
what is the e-mail id for TSC/NSC?
what is the e-mail id for TSC/NSC?
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hebbar77
09-11 08:53 PM
I am in . What do we do. flowers with calculators or a simple math book seems a good idea.
more...
geesee
09-12 10:59 AM
Liked the calculator idea! Count me in..
One qns - how are we planning to catch media's attention? It was easier during flower campagin as flowers were clearly visible in fedex/ups trucks.. But the calculators would be inside a box...
One qns - how are we planning to catch media's attention? It was easier during flower campagin as flowers were clearly visible in fedex/ups trucks.. But the calculators would be inside a box...
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rongha_2000
04-30 04:03 PM
They are bullsxxting themselves and everyone else. I am amazed..!! These committee members dont have a clue of what they are hearing about. Mixing GCs with H1-B. This issue is always a killer and more inportantly not even related to issue at hand..!!
I am losing hopes.. I might find solace in Alberta, I hope.
I don't understand how removing the country limit may have resorce implications, as how I understand is, instead of adjucation an EB-2(2008) from Mali you'll be adjucating an EB-2(2004) from India, what difference it is for them ???
I am losing hopes.. I might find solace in Alberta, I hope.
I don't understand how removing the country limit may have resorce implications, as how I understand is, instead of adjucation an EB-2(2008) from Mali you'll be adjucating an EB-2(2004) from India, what difference it is for them ???
more...
chanduv23
09-15 04:16 PM
Bump
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GCNirvana007
09-17 06:17 AM
Hi Friends, I went to DMV PA (Bridgevile) to renew my drivers license recently. They are not accepting original EAD/ AP, copy of 485 receipt plus employer letter. They are asking for original 485 receipt. Unfortunately my ex-employer did not give the original receipt.
Did any body renew the PA DL without original 485 receipt?
Did you ask them to show you the rule book where it says you need I-485 receipt?. If not, please do.
Did any body renew the PA DL without original 485 receipt?
Did you ask them to show you the rule book where it says you need I-485 receipt?. If not, please do.
more...
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diptam
08-13 02:24 PM
Thanks - I'll write a mail to the HR head to release 7001 on my request and will mention that they don't have to take responsibility. Enough is enough - i got another 2 yr H extension in July 08 so i should be good,anyway.
I'll keep you guys posted when i receive 7001 from HR by mail and i'll send it to Ombudsman office (along with that cover letter) immediately.
You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.
I'll keep you guys posted when i receive 7001 from HR by mail and i'll send it to Ombudsman office (along with that cover letter) immediately.
You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.
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JunRN
08-12 02:26 AM
With the current situation, I think it may take 2 to 3 months...
more...
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indio0617
03-09 10:48 AM
Amendment - To Eliminate Retroactive act laws which is harsh and unjust.
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mhathi
07-14 06:57 PM
Sent $10 through BOA bill pay.
IV will always get high Fives from me and my wife.
Come on guys, it's the cost of a latte at SB!!
IV will always get high Fives from me and my wife.
Come on guys, it's the cost of a latte at SB!!
more...
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amitjoey
07-13 04:45 PM
Having some samples loaded will help other members in contacting. I agree that personal story will be more effective but atleast we will know format of request.
Thanks.
-------------Template--------------------------------------
Dear Senator
I am a highly-skilled professional who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS), other allied state and federal agencies.
Several categories of EB immigrant visa (Green Card) numbers were unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date� (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work for any employer- this was still a welcome change. Especially, for dependent spouses who are otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. Several dependent spouses are also highly-skilled.
Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. Hundreds of millions of dollars were spent by thousands of immigrants in preparation of their application. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience. These are people that are in the country legally, paid taxes and followed all the rules.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request with the hope that people who played by the rules will be rewarded.
Thanks.
-------------Template--------------------------------------
Dear Senator
I am a highly-skilled professional who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS), other allied state and federal agencies.
Several categories of EB immigrant visa (Green Card) numbers were unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date� (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work for any employer- this was still a welcome change. Especially, for dependent spouses who are otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. Several dependent spouses are also highly-skilled.
Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. Hundreds of millions of dollars were spent by thousands of immigrants in preparation of their application. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience. These are people that are in the country legally, paid taxes and followed all the rules.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request with the hope that people who played by the rules will be rewarded.
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jonty_11
05-01 02:31 PM
The meeting really saddens me though. That is the extent of anyone's power to get USCIS moving? Just hinting to King that the congress is displeased?
I mean I'm pretty sure King is gonna just shrug it off. Listen to how deluded the man sounds. He thinks USCIS is doing a great job, what with all that bragging about efficiency. Obviously he doesn't realize he's standing there, in that meeting. because the efficiency he's bragging about is clearly NOT ENOUGH. In fact, it's pretty much shitty.
To make things worse, those people in there are controlling the fates of thousands of waiting applicants. And they don't even seem to know the difference btw H1 and 485.
I don't want to just go on feeding this negative train of thought. I just wish something more effective can be done. Isn't there a better solution?
IV is our best chance...Lets hope the bills Iv is pushing get some floor time. I will again say that as difficult and impossible as it may sound (given election yr n'all) IV is the only entity that we can pin our hopes on.
I mean I'm pretty sure King is gonna just shrug it off. Listen to how deluded the man sounds. He thinks USCIS is doing a great job, what with all that bragging about efficiency. Obviously he doesn't realize he's standing there, in that meeting. because the efficiency he's bragging about is clearly NOT ENOUGH. In fact, it's pretty much shitty.
To make things worse, those people in there are controlling the fates of thousands of waiting applicants. And they don't even seem to know the difference btw H1 and 485.
I don't want to just go on feeding this negative train of thought. I just wish something more effective can be done. Isn't there a better solution?
IV is our best chance...Lets hope the bills Iv is pushing get some floor time. I will again say that as difficult and impossible as it may sound (given election yr n'all) IV is the only entity that we can pin our hopes on.
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gccovet
10-20 12:03 PM
The thread needs to float on top
^^BUMP^^
^^BUMP^^
pmat
05-02 09:19 AM
FYI... I got the stimulus check ($1200) direct deposited in my account today. I am on H1B and my wife is on H4; both of us have SSNs.
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.
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