Monday, June 27, 2011

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  • coopheal
    07-05 01:41 PM
    I contacted WI senators office and told about the visa bulletin changes.
    Also called WPR to highlight the injustice done to legal immigrants by changing the visa bulletin on the day USCIS was supposed accept the I-485.




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  • chanduv23
    11-21 04:53 PM
    But.. when AOS(485) is denied, won't the underlying 140 and for that matter labor is also denied?

    Well once the h1b extension is granted - it is not retreated. It means that the person is in h1b status till the h1b expires (My understanding)

    Now if 485 is denied when your h1b expiration's last day - then yes you are definitely out of all statuses

    Such a thing is rare because person either files for h1b extension well before h1b expires or atleast decided he will use EAD

    Issues will arise when h1b has to be extended and person is running out of time on existing h1b and the 140 revoke /485 denial happens (like say few weeks only because person was lazy to file h1b extension atleast 180 days before its expiry and decided to not use premium processing and h1b extension is pending)




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  • Macaca
    09-12 04:06 PM
    RANDAL C. ARCHIBOLD (http://www.nytimes.com/gst/emailus.html)
    NEELA BANERJEE: nbanerjee@nytimes.com *
    JAMES BARRON (http://www.nytimes.com/gst/emailus.html)
    NINA BERNSTEIN: nbernstein@nytimes.com *
    JULIE BOSMAN
    EMILY BRADY
    CARA BUCKLEY
    DAVID W. CHEN
    MARJORIE CONNELLY (http://www.nytimes.com/gst/emailus.html)
    HELENE COOPER
    ANNIE CORREAL
    NICOLE COTRONEO
    MONICA DAVEY
    LAWRENCE DOWNES
    TIMOTHY EGAN
    KAREEM FAHIM
    ALAN FEUER
    ROBIN FINN
    IAN FISHER
    SAMUEL G. FREEDMAN sgfreedman@nytimes.com
    DAVID GONZALEZ
    STEVEN GREENHOUSE
    Clyde Haberman
    RAYMOND HERNANDEZ (http://www.nytimes.com/gst/emailus.html)
    JOSEPH P. HOAR
    JOHN HOLUSHA
    CARL HULSE (http://www.nytimes.com/gst/emailus.html)
    KIRK JOHNSON (http://www.nytimes.com/gst/emailus.html)
    CLIFFORD KRAUSS
    PAUL KRUGMAN krugman@nytimes.com
    MARC LACEY
    BRUCE LAMBERT
    DAVID LEONHARDT Leonhardt@nytimes.com
    PATRICIA NELSON LIMERICK
    STEVE LOHR: slohr@nytimes.com *
    MICHAEL LUO (http://www.nytimes.com/gst/emailus.html)
    NEIL MacFARQUHAR
    EILEEN MARKEY
    ROBERT D. McFADDEN
    JAMES C. McKINLEY Jr.
    TIM MURPHY
    MIREYA NAVARRO
    JACQUELINE PALANK: jpalank@nytimes.com
    ROBERT PEAR (http://www.nytimes.com/gst/emailus.html) rpear@nytimes.com
    JULIA PRESTON (http://www.nytimes.com/gst/emailus.html) juliapreston@nytimes.com
    ANTHONY RAMIREZ: aramirez@nytimes.com | anthonyramirez@nytimes (did not work)
    DAVID K. RANDALL
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    JIM RUTENBERG (http://www.nytimes.com/gst/emailus.html)
    MARC SANTORA (http://www.nytimes.com/gst/emailus.html)
    JENNIFER STEINHAUER (http://www.nytimes.com/gst/emailus.html)
    DAVID STOUT (http://www.nytimes.com/gst/emailus.html)
    HEATHER TIMMONS
    ROBIN TONER
    MICHAEL WINERIP parenting@nytimes.com
    JEFF ZELENY




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  • husamymd
    01-03 04:30 PM
    I am a July 27th filer, got email that AP approved Dec 20th. Not recieved it physically yet.



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  • harivenkat
    05-06 06:16 PM
    Called all senators some of them twice and talked to their staff
    asking to support highly skilled worker immigration atleast some piecemeal.. also explained them our plight ... 10yrs still no GC


    Everybody please call senators and make a difference




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  • Administrator2
    04-30 10:48 AM
    I don't know where the phone campaign stands in light of this

    Obama takes immigration reform off agenda - Yahoo! News (http://news.yahoo.com/s/ap/20100429/ap_on_go_pr_wh/us_immigration_politics_3)

    POTUS has openly declared "no appetite for CIR"...

    So, I guess, all we can do is eat the kela that has once again been given to us...

    Those comments were made by the President before the Senate Democrats press event. In fact one reporter asked Sen. Reid about the President's comments. It is not possible the Senate democrats do immigration press event on the Hill without the concurrence of the President.

    We think that the President is trying to make his sincere push for the reform which requires a bi-partisan support. He did not say that he is taking immigration off the agenda. So this article is misinterpreting the comments of the President.



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  • IV2007
    04-08 01:06 PM
    Can someone please respond to this ??

    Myself (primary applicant) and my spouse are on h1 with EADs. If spouse starts a company(issue checks and do all admin work) and still maintain her h1 with old employer, will it invalidate her h1 just because she used EAD? Reason for asking is if some thing goes wrong with 485, can she fall back on h1?




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  • logiclife
    03-13 01:35 PM
    DUI and DWI are crimes that can get your greencard petition in trouble even today.

    The only thing today, that will not jeopardize your Greencard application is minor traffic violations. DUI and DWI and not minor traffic violations.

    These amendments are only enhancing it to DEPORT those who are found driving drunk. The irony is, if you are an immigrant either illegal waiting for amnesty or legal waiting for your labor/485, you are more likely to need a drink or two.

    --logiclife.



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  • laksmi
    02-27 02:38 PM
    Fax to Texas

    214-962-2632
    Providing an covering letter along with a copy of your supporting documents




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  • GCard_Dream
    07-06 12:06 AM
    This is by far the most effective story that highlights the security concerns raised by approving cases that hasn't cleared the background check yet. This could be the big story. It may, however, be the double-edged sword. I think we need to keep this going as much as we can.

    Digg .. Digg.. Digg ... keep digging even in your sleep.



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  • conundrum
    03-12 12:05 PM
    I am not sure whether it helps to have a donor's only club

    IV should be open to anyone and everyone.

    My question is what stops a donor from posting stuff in the Donors only forum in the open forum? Is IV going to ban them? What is IV planning on doing if it posted on another forum?

    IMHO by creating a donors only forum IV is creating more divisions and problems than it can handle. There is already enough division in the legal immigrant community in IV and one more is definitely not going to help anyone. By all means designate someone as a donor but a seperate forum........

    It is very easy to contradict or find errors.

    No body is getting paid here to have a tester test it.

    Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.




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  • pani_6
    08-13 06:35 PM
    New Action Item for EB-3



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  • 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.




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  • eb3retro
    07-11 12:33 PM
    i will ask the iv folks who keep in touch with USCIS if they know anything. AFAIK though, USCIS has come out with no answers other than quoting the non availability of adequate visa numbers. if there is any more info i will let you know...


    paskal, thanks for the reply. whats very frustrating for me is, these guys mess up so badly and they get away with no trace , we all know that this happened in the past and probably is happening currently too. All we are asking is a fair FIFO method and proper usage of visa numbers with transparency. The mere fact that they are not transparent raises many doubts in many minds. And these questions are not coming from those people who filed for their greecards an year or 2 ago..i just read a post in this same thread that this person has been waiting for his green card for 10 years...this is the height of ridiculousness and there is a limit for our patience, and this is it...



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  • diptam
    08-11 03:14 PM
    ssss,
    I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.

    Would you mind if i ask you when you've seen the LUD change before approval ?

    Thanks for your time !

    I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters




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  • deardar
    09-14 08:33 AM
    Thank you IV for all your work.
    Here is a small contribution of $100 for the rally.
    Google Order #953612264434952

    Thank you guys!

    Thanks Claudia- I have noted it for our records-



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  • mirage
    04-02 01:16 PM
    Can somebody explain me why this disco guy and this Villamonte guy are even on this forum ??? We are sitting here for 9-10 years telling our folks in our home countries, I'll come in may, no probably july, no in july my papers goes for renewals,, may be Dec. no in Dec. tickets are too expensive and in March I have my project live date, may be next may oh no by then I'll have to send my papers for renewal.... well you know what, forget about me, you stay happy where you are and I live happily here....

    And these people are telling us USCIS is doing what they should be doing...




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  • ultimo
    07-24 08:53 AM
    thats sad .

    but they will come with a new bill after 2008 election :)




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  • akhilmahajan
    09-14 02:04 PM
    Ppl dont deserve, its their right. If they understand the meaning of deserve, they would be in DC with families.

    But we educated ppl still think we dont deserve.
    I dont know when we will come out of our comfort zone.

    Its very easy to find 1000 cowards but always hard to find 1 brave person.

    I am sure all our educated brethern are BRAVE ppl, but i think hesitant to show it outside their comfort zone.

    Go IV Go
    It's on September 18th or Never.




    gccovet
    10-17 05:01 PM
    Hello,

    just did my part.

    Folks, please come forward and send letters.

    If you think you are safe, then you are wrong, this issue will come and bite you if you are planning or already exercised AC-21.

    "Red dots" don't bother me, so don't waste you time and energy.

    GCCovet.




    sweet23guyin
    10-01 11:39 AM
    I am not as articulate as other posters in understanding/explaining recaputre, unused visa#, loaning visa# to FP......and so on. Reading all these post,I see every one are so frustated and every one want to do some thing and let USCIS know how imp these things are...but how:confused:...IDEA!!!...."FLOWERS".... I don't know why, but my long and short sense sayss....send some more flowerss again and again....
    Message:
    " Congratulation for not using the visa# for FY 2007, God bless USCIS"



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