Jimi_Hendrix
11-27 11:18 AM
Hi All,
Thank you to all those who attended the first meeting! I am attaching the excel file for you to complete. I have included instructions in the file itself but let me know if you have questions. Please fill all the columns against your name.
Our next meeting will be on Thursday at 7pm PST. The tasks for our next meeting are as follows:
1) Complete the excel sheet (instructions are included).
2) Brainstorm about possible locations where we can put up a booth to register new members � someone had proposed contacting student body at UCI, we can discuss this.
3) Take a look at the IV power point presentation and propose how we can tailor it to our needs. We need a presentation to show to our house reps when we visit them (This will be found on the resources page)
4) Go through the IV template for business cards along with instructions to modify the template and to print the business cards. (this will be found on resources page)
Please let me know if you have any other questions. The conference call information is the same as last time:
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
Cheers,
Amit
Thank you to all those who attended the first meeting! I am attaching the excel file for you to complete. I have included instructions in the file itself but let me know if you have questions. Please fill all the columns against your name.
Our next meeting will be on Thursday at 7pm PST. The tasks for our next meeting are as follows:
1) Complete the excel sheet (instructions are included).
2) Brainstorm about possible locations where we can put up a booth to register new members � someone had proposed contacting student body at UCI, we can discuss this.
3) Take a look at the IV power point presentation and propose how we can tailor it to our needs. We need a presentation to show to our house reps when we visit them (This will be found on the resources page)
4) Go through the IV template for business cards along with instructions to modify the template and to print the business cards. (this will be found on resources page)
Please let me know if you have any other questions. The conference call information is the same as last time:
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
Cheers,
Amit
wallpaper Since Proof#39;s death, Eminem
EAD
09-12 01:37 PM
I am a new member and sent $50 by personal check to IV.
EAD
PD: May 04 (BEC cleared Nov 06)
I-140: Jan 07 (Pending NSC)
I-485: Aug 07 ( No reciepts)
EAD
PD: May 04 (BEC cleared Nov 06)
I-140: Jan 07 (Pending NSC)
I-485: Aug 07 ( No reciepts)
onemay
04-27 10:42 AM
In California they don't accept any other document for the renewal of your DL other than the new I94- I think someone said I 907 and they are right because I 94 is olnly a portion of the whole page.
We filed premium for the extension and the company is paying for it, but it still takes 3-4 weeks until the lawyer is gonna prepare the package and send it to us. Unfortunately, I don't have a home country DL that I could use between the gaps and this is a great burden for my husband who has to deal with a very demanding job and take the kids everywhere.
I feel imprisoned for just wanting a better life for my family and my kids and I don't think the treatment that the legal immigrants get in US is fair. I was a legal immigrant in 2 diffrent countries in Europe and although you might not be able to get blended in the crowd as easy as here, you will be treated with more regard for human rights( like the right to work or to drive).-this is our 7th year here and I can't work.
Before belonging to a cultlure or a country, we all belong to the humankind, whith the same needs and dreams and people should remember that first - they are not talking about immigrants or legals or illegals or numbers EB3, H1B and other labels, but people whose time is ticking and gets away from them with every second that passes. We are here because this country was build by people like us and we belong here, so please, if someone who was lucky enough to be born here reads this message, consider our situation and let our voice reach the people who need to hear it.
We filed premium for the extension and the company is paying for it, but it still takes 3-4 weeks until the lawyer is gonna prepare the package and send it to us. Unfortunately, I don't have a home country DL that I could use between the gaps and this is a great burden for my husband who has to deal with a very demanding job and take the kids everywhere.
I feel imprisoned for just wanting a better life for my family and my kids and I don't think the treatment that the legal immigrants get in US is fair. I was a legal immigrant in 2 diffrent countries in Europe and although you might not be able to get blended in the crowd as easy as here, you will be treated with more regard for human rights( like the right to work or to drive).-this is our 7th year here and I can't work.
Before belonging to a cultlure or a country, we all belong to the humankind, whith the same needs and dreams and people should remember that first - they are not talking about immigrants or legals or illegals or numbers EB3, H1B and other labels, but people whose time is ticking and gets away from them with every second that passes. We are here because this country was build by people like us and we belong here, so please, if someone who was lucky enough to be born here reads this message, consider our situation and let our voice reach the people who need to hear it.
2011 eminem and proof.
manishs7
07-20 04:08 PM
Hilary and Obama said NO to Legal Immigration...
MCcain said YES...
Choice is yours..
THINK before you vote...
MCcain said YES...
Choice is yours..
THINK before you vote...
more...
Green.Tech
06-19 02:12 PM
If the economy is holding up like it does, other issues including immigration may get put on the backburner. This is the time to stand up and make our voices heard. Please step up and contribute for the massive lobbying that we (you and I) need to do to get these action items taken care of.
Don't think that other guys are contributing and this will be taken care of by iteself since I have other channels where my money is flowing into, and that I will contribute later if one of the bills get to the house floor etc. This is the time your help is needed the most. Each and every penny that you contribute matters.
It's high time we all see the big picture and stand up for ourselves because you know why...No one else is looking out for us but IV (us)!
Don't think that other guys are contributing and this will be taken care of by iteself since I have other channels where my money is flowing into, and that I will contribute later if one of the bills get to the house floor etc. This is the time your help is needed the most. Each and every penny that you contribute matters.
It's high time we all see the big picture and stand up for ourselves because you know why...No one else is looking out for us but IV (us)!
Jimi_Hendrix
08-10 06:01 PM
When can we expect these Op-eds to be published? Will you be posting some kind of update here to let us know?
more...
isedkeem
03-06 10:11 AM
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!
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
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!
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
2010 Eminem – Living Proof 3.
indio0617
03-09 10:06 AM
senator brownback: amendment on Nurses & Physical therapists (removing cap for India, Phi, Mexico)
more...
akred
03-30 06:17 PM
Last I knew every H1 is a non-resident alien.
Well you knew wrong. As long as you stayed in the US for more than 183 days in 2007, you are a resident for tax purposes.
If you are falling short of the 183 day requirement, you can opt to fulfill the 183 day requirement by counting 1/2 of the days of the prior year (2006) or 1/3rd of the days of the year before that (2005) that you were physically present in the US.
Well you knew wrong. As long as you stayed in the US for more than 183 days in 2007, you are a resident for tax purposes.
If you are falling short of the 183 day requirement, you can opt to fulfill the 183 day requirement by counting 1/2 of the days of the prior year (2006) or 1/3rd of the days of the year before that (2005) that you were physically present in the US.
hair of Proof#39;s and Eminem#39;s
desi485
11-24 05:34 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??
The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.
I agree with Chandu, we should try to get this from CIS. Just don't know how:(
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??
The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.
I agree with Chandu, we should try to get this from CIS. Just don't know how:(
more...
druminator
04-30 04:53 PM
am I the only one who noticed that they admitted that although FIFO is a nice idea, it's impractical (for them) and that it's NOT how they do it (but it's written all over their literature) ?
what I got from it is: they are overwhelmed, they have not real idea of what is going on in the offices and how much it cost for the agency and the country to push people out.
what I got from it is: they are overwhelmed, they have not real idea of what is going on in the offices and how much it cost for the agency and the country to push people out.
hot eminem-proofTAT
paskal
09-30 04:07 PM
USCIS can process recaptured numbers. If 200k numbers are in one year USCIS will plan for 200k numbers in that year.In 2000 they processed more applications after a immigration reform. One way of preventing wastage is plan to process all the applications in 11 months. If any unused numbers can be processed in that one month.
if they give green cards for sucking up?
and by your usual logic, why can't they plan for 140,000 every year? they know in advance don't they? there has been a year in which almost half the green cards were wasted- look it up yourself- the fact remains that they waste every year and it is useless to expect that they will suddenly and consistently do much more than is being asked now. unless...something changes...
just for my info do you find anything at all wrong with the whole process? or are we just misguided fools that you are here to educate?
if they give green cards for sucking up?
and by your usual logic, why can't they plan for 140,000 every year? they know in advance don't they? there has been a year in which almost half the green cards were wasted- look it up yourself- the fact remains that they waste every year and it is useless to expect that they will suddenly and consistently do much more than is being asked now. unless...something changes...
just for my info do you find anything at all wrong with the whole process? or are we just misguided fools that you are here to educate?
more...
house eminem and proof. Eminem unveils a new; Eminem unveils a new
chanduv23
11-14 05:35 PM
It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
My blog is based on RK's opinion. But we need some research and we also need clarification from USCIS.
If AOS is denied erroniously, one MUST be allowed to work - because it is not our fault.
Personallyif I can't work because it is not my fault, I am in trouble because I have a family to manage and a small kid to take care of.
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
My blog is based on RK's opinion. But we need some research and we also need clarification from USCIS.
If AOS is denied erroniously, one MUST be allowed to work - because it is not our fault.
Personallyif I can't work because it is not my fault, I am in trouble because I have a family to manage and a small kid to take care of.
tattoo Eminem had always done drugs,
julsun
01-04 11:11 AM
Has anybody called the USCIS customer service number regarding AP ?
If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?
One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.
If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?
One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.
more...
pictures pictures Eminem amp; Proof
sanjay02
12-18 02:34 PM
Guys
I have a suggestion we need to meet the senators office in person and also try to get more visibility in terms of getting exposed to media may be channels like
a) AZN TV
b) India waves
c) CBS
d) NBC
Since we have hired Quinn & Gillispie we need to understand whats their strategic plan and what they have in plate for us. We need to have vision in front of us. All I am trying to say is identify the senators who would favor the CIR/SKILL Bill etc and have the immigrationvoice.org volunteers meet them in person. Some of the things I have mentioned may be redundant but, I wanted to make my point clear, calling the senators office just a week before with phone calls webfaxes etc is not just bearing any fruits as we have learnt from our past experiences.
I would request the senior members of IV to have a one-one meeting with Quinn& Gillispie and later update all the members here.
I have a suggestion we need to meet the senators office in person and also try to get more visibility in terms of getting exposed to media may be channels like
a) AZN TV
b) India waves
c) CBS
d) NBC
Since we have hired Quinn & Gillispie we need to understand whats their strategic plan and what they have in plate for us. We need to have vision in front of us. All I am trying to say is identify the senators who would favor the CIR/SKILL Bill etc and have the immigrationvoice.org volunteers meet them in person. Some of the things I have mentioned may be redundant but, I wanted to make my point clear, calling the senators office just a week before with phone calls webfaxes etc is not just bearing any fruits as we have learnt from our past experiences.
I would request the senior members of IV to have a one-one meeting with Quinn& Gillispie and later update all the members here.
dresses Eminem has always maintained
mirage
04-01 12:10 PM
It is time now we ask USCIS about this information. More than DOS or DOL it is the USCIS who has all this information in their bags like how many applications they have from high chargeability countries, of which year and which categories. So we stop predicting and be ready for the real....
With all the revenue and system they have, do you think this is so tough to streamline? I doubt.
They can, at the minimum, have the cases in sequence, process per FIFO, control PD movements logically. The minimum they can do, easily.
With all the revenue and system they have, do you think this is so tough to streamline? I doubt.
They can, at the minimum, have the cases in sequence, process per FIFO, control PD movements logically. The minimum they can do, easily.
more...
makeup of eminem and proof. as of
JazzByTheBay
09-10 09:01 PM
Then there's no point in being a member of IV.
When we've come together in an organized fashion, things have happened - although not as frequently and not to the exact extent that we've wanted.
If you believe nothing will change - perhaps it's time to move on and stop logging on to IV forums and worrying yourself silly about this.
If inaction and giving up is part of your nature, there's little help outside of therapy - no offense meant.
If we can continue to organize and keep working towards the goals, perhaps some headway can be made. Those who spearheaded such efforts knew it wasn't a sprint to the finish.
Question is...how much pushing would be needed when v very well know that whatever noise v make is never to be heard ???
When we've come together in an organized fashion, things have happened - although not as frequently and not to the exact extent that we've wanted.
If you believe nothing will change - perhaps it's time to move on and stop logging on to IV forums and worrying yourself silly about this.
If inaction and giving up is part of your nature, there's little help outside of therapy - no offense meant.
If we can continue to organize and keep working towards the goals, perhaps some headway can be made. Those who spearheaded such efforts knew it wasn't a sprint to the finish.
Question is...how much pushing would be needed when v very well know that whatever noise v make is never to be heard ???
girlfriend Eminem Living Proof
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
hairstyles Eminem and Proof Collabs
bigboy007
06-03 01:40 AM
I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:
================================================== =
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.
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.
================================================== =
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.
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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.
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.
ingegarcia
06-18 01:05 PM
Is your case being audited?
needhelp!
09-11 01:28 PM
superbabu, sundarpn, vaccine, pcjandyala, ramprabhum
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