Saiom19
08-10 05:56 PM
eb3_nepa - I somewhere read in ur posts that u already received the reciept ..or atleast ur cheque got encashed........u posted something on those lines in one of ur posts.
wallpaper #39;Marie Antoinette
willwin
07-11 09:06 AM
dude..dont rain on our parade...everyone knows the harsh realities.. i myself said earlier that only half the battle is won...but the least we deserve is one day of hope.
Congrats EB2-I !!
I guess the intention of DOS was to enable Consular posts to approve as many EB2 cases as possible inorder to minimize VISA wastage. And also continue to enable USCIS to pick the low hanging fruits.
Otherwise, I dont think USCIS has cleared all pending cases with PD earlier than April 2004.
Yes, EB2 definitely deserves this moment and at the same time EB3 I does not deserve this 'coma' stage in their PD movement.
Congrats EB2-I !!
I guess the intention of DOS was to enable Consular posts to approve as many EB2 cases as possible inorder to minimize VISA wastage. And also continue to enable USCIS to pick the low hanging fruits.
Otherwise, I dont think USCIS has cleared all pending cases with PD earlier than April 2004.
Yes, EB2 definitely deserves this moment and at the same time EB3 I does not deserve this 'coma' stage in their PD movement.
skv
08-12 05:35 PM
I meant :
We have to take some risk, if we want some progress on our I-140 cases. :-)
Good night folks!
We have to take some risk, if we want some progress on our I-140 cases. :-)
Good night folks!
2011 Marie Antoinette#39;s exercise
PD_Dec2002
06-02 10:27 PM
Ironical, isn't it? This diatribe coming from someone whose handle is "BigLoser"!! From which mushrooom did you crawl under?
Thanks, but no thanks!
Jayant
Thanks, but no thanks!
Jayant
more...
AllVNeedGcPc
03-22 09:42 PM
... I thought all 485s from our times were already pre-adjudicated by now.
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
lg72
07-25 08:12 PM
Here is a bit of background. BEC's have been using a web site named 'America's Job Bank' (AJB) for posting job listings for cases that have not been converted to RIR. Effective 31st July AJB site is being discontinued and a new site named 'America's Job Exchange' (AJE) will become its successor. BECs have already started using this new site. Here is how to check if your job is posted or not:
1. Go to http://www.americasjobexchange.com/seeker/jobsearch/keyword
2. In the keywords field, enter the first few characters of your ETA case number. If your case is in PBEC and has a ETA case number such as P-xxxxx-xxxxx, then you would enter either Pxx* or xxx*. Do not enter any hyphen character and do not forget the '*' character at the end.
3. Choose 'National' radio button and click 'Search Now' button.
4. You will find a bunch of listings under the company name 'Team Exceed'. This is probably the company to which BEC cases have been outsourced for adjudication.
5. Play around with different combinations of letters of your ETA case number. You may also click on 'Team Exceed' link on the results page to see a complete list of jobs posted by BECs.
Have fun
fb
Thanks so much, fairboy.
I will try your steps...
1. Go to http://www.americasjobexchange.com/seeker/jobsearch/keyword
2. In the keywords field, enter the first few characters of your ETA case number. If your case is in PBEC and has a ETA case number such as P-xxxxx-xxxxx, then you would enter either Pxx* or xxx*. Do not enter any hyphen character and do not forget the '*' character at the end.
3. Choose 'National' radio button and click 'Search Now' button.
4. You will find a bunch of listings under the company name 'Team Exceed'. This is probably the company to which BEC cases have been outsourced for adjudication.
5. Play around with different combinations of letters of your ETA case number. You may also click on 'Team Exceed' link on the results page to see a complete list of jobs posted by BECs.
Have fun
fb
Thanks so much, fairboy.
I will try your steps...
more...
ksvreg
03-09 11:31 AM
Can anyone explain the whats the FOIA fund drive? Or provide a link. Thanks.
2010 Marie Antoinette#39;s Guillotine
kshitijnt
06-26 10:56 PM
America does not need to do anything to get more workers. People will keep coming and it will always be a positive flow of good talent into America. The only Indians (and others) who might tell you that they do not want to come to the USA and the American dream is gone, etc., are talking bull and they know it. They will jump on a plane "the next minute" and come if the could. It's the same thing always: Go back Yankeee.................................and take me with you."
That will never change. If it did we would not have IV forum or so many members.
Vivek I do not fully agree with you. I do agree that first timers are eager to come to America but once the game gets exposed they will have second thoughts. Why there are no takers for german green card? Or why do people apply for HSMP in more numbers than any other european country. Because atleast on the face of it, that promises a long term path. How many people will want to jump on the plane if America says there will be no green cards, how many people will be attracted to it? America wants to have it both ways, they want people here but do not want to give GCs either.
I graduated from a good college in India. My classmates are divided 50-50 in US and India. The people who are putting up here either did very well and were toppers or failures. All others stayed in India and they will come here only if there is a long term benefit to come here.
That will never change. If it did we would not have IV forum or so many members.
Vivek I do not fully agree with you. I do agree that first timers are eager to come to America but once the game gets exposed they will have second thoughts. Why there are no takers for german green card? Or why do people apply for HSMP in more numbers than any other european country. Because atleast on the face of it, that promises a long term path. How many people will want to jump on the plane if America says there will be no green cards, how many people will be attracted to it? America wants to have it both ways, they want people here but do not want to give GCs either.
I graduated from a good college in India. My classmates are divided 50-50 in US and India. The people who are putting up here either did very well and were toppers or failures. All others stayed in India and they will come here only if there is a long term benefit to come here.
more...
Humhongekamyab
02-18 03:32 PM
Lets make the EB2 date to 28 Dec 05..tthat will cover my PD :D:D:D
I agree. Mine is December 15, 2005.
I agree. Mine is December 15, 2005.
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hitpauler
06-11 12:24 PM
How would I-140 approvals impact the availability of visa numbers and isnt spill over already happening,ie, removal of country caps, as we have seen last year,last quarter as well in July VB?
more...
pcs
07-06 08:51 AM
Please do this. It is worth every second of your time
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bigboy007
06-03 06:52 PM
Yep thats true , as of now all this shouldnt stop one from filing 140/485 what ever it is , we are only trying to interpret to the best of our knowledge in current format. For ex. if you remember labor substitution bill was introduced in Last year 2006 and every one was eager and curious about it but it was only enacted in July 2007. Similarly i 100% believe they will give some time to switch and in case it would be good enough buffer. If you think u can file dont even think of rest , right what is law is what should it be.
more...
house Marie Antoinette, meanwhile
Caliber
03-12 01:12 PM
Here is my point. I spend several hours 3-4 hours at least every day looking through the forum posts hoping to find ways i can contribute to efforts. There are several ideas that are generated in the forum. But cannot find out who is leading it. All i am saying is if we can have a listing of initiatives with some names associated. So i can contribute to the ones that i can support. I am not sure if i am asking for too much here. I am not a IT guy. I do not know what it takes to post it in the front page.
Dear Vin,
Thanks for your inputs. What I am suggesting is that, every one of us should volunteer for our own good. If you can spend some time, I sugggest that, you send an email to IV core offering them your time so that you can share some of their work load.
Dear Vin,
Thanks for your inputs. What I am suggesting is that, every one of us should volunteer for our own good. If you can spend some time, I sugggest that, you send an email to IV core offering them your time so that you can share some of their work load.
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pappu
06-06 04:33 PM
/\/\/\/
more...
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rameshk75
05-22 03:31 PM
People are very busy since morning looking for a positive news regarding the amendments..there is no time to contribute !!
IV members, try to contribute otherwise nothing will happen without lobbying !!
IV members, try to contribute otherwise nothing will happen without lobbying !!
dresses Marie-Antoinette wurde ein
sundarpn
09-11 07:47 AM
$200.
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GO IV!
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GO IV!
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unseenguy
02-09 05:01 PM
To summarize the root causes now that we discussed:
1. Parental interference to control their own child even after marriage. This is cause no 1 of this kind of tensions.
2. Immaturity on the part of children, to let their parents control their feelings. (This is partly due to in arranged marriages, children are closer to parents than the spouse in initial years). This is no 2 issue. Children simply fail to understand they are no more part of their parents family. I honestly feel these people are not really ready for marriage or understand what marriage is.
3. Money transactions. One side expecting money from other side which is not really acceptable. I will elaborate this point a bit more.
4. In cases of couples settled in US/UK, parents know that couples are making a LOT more than by Indian standards. Hence to secure their own old age comfort, everyone tries to exert influence.
On no 3, let us separate our "legal" obligations from "moral".
Morally it is right to send money to parents, but legally it is not. As you can strive but, you wont be fair to either set of parents. Hence I believe "money" should not be sent to parents. Your parents should have planned their own future, including humanitarian needs. Only if your other half agrees, then only you should send money. Otherwise, it is your and your spouse's money.
If your parents needed monetary support then that they should have made clear to other parents at the time of marriage. Not after marriage. If its a love marriage, then the boy/girl should have clearly told this requirement to the other half.
1. Parental interference to control their own child even after marriage. This is cause no 1 of this kind of tensions.
2. Immaturity on the part of children, to let their parents control their feelings. (This is partly due to in arranged marriages, children are closer to parents than the spouse in initial years). This is no 2 issue. Children simply fail to understand they are no more part of their parents family. I honestly feel these people are not really ready for marriage or understand what marriage is.
3. Money transactions. One side expecting money from other side which is not really acceptable. I will elaborate this point a bit more.
4. In cases of couples settled in US/UK, parents know that couples are making a LOT more than by Indian standards. Hence to secure their own old age comfort, everyone tries to exert influence.
On no 3, let us separate our "legal" obligations from "moral".
Morally it is right to send money to parents, but legally it is not. As you can strive but, you wont be fair to either set of parents. Hence I believe "money" should not be sent to parents. Your parents should have planned their own future, including humanitarian needs. Only if your other half agrees, then only you should send money. Otherwise, it is your and your spouse's money.
If your parents needed monetary support then that they should have made clear to other parents at the time of marriage. Not after marriage. If its a love marriage, then the boy/girl should have clearly told this requirement to the other half.
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cnag
03-15 04:08 PM
http://www.pennlive.com/newsflash/pa/index.ssf?/base/news-36/1142453668182330.xml&storylist=penn
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chanduv23
05-18 04:33 PM
Hi Chanduv23,
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
leoindiano
04-30 03:22 PM
"Lowsy job and recapturing wouldn't help a lot! needs to explore other possibilities..."
I smell some delay tactics there...:)
I smell some delay tactics there...:)
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.
================================================== ======
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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