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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newbee7
07-05 11:29 PM
Dugg! and posted a comment...
Please also digg comments.
Please also digg comments.
eb3retro
03-04 04:00 PM
see my post here..
http://immigrationvoice.org/forum/showpost.php?p=321797&postcount=44
http://immigrationvoice.org/forum/showpost.php?p=321797&postcount=44
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smuggymba
08-23 09:22 AM
link from Kate123. Please comment: Looks like this is for Exceptional ability only and not for Advanced Degree
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
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Libra
09-10 03:09 PM
thanks manugee for contribution and consideration for rally.
Milind123
09-14 12:13 PM
bump
Thanks Libra for bumping. Please allow me to do it. I think we still need one shot to go.
Thanks Libra for bumping. Please allow me to do it. I think we still need one shot to go.
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MYGCBY2010
07-23 03:16 PM
Hey you are mentioning that you are in EB3 India with a Priority date of AUG 2004. When did you file for the I-485. To my knowledge it was never until this July Fiasco. Can you please explain.
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Aah_GC
04-30 03:51 PM
I wonder how these guys can engage in a discussion without knowing the basics. WTF??????
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mw_immi
01-07 08:37 AM
Do you posses a valid / current visa along with EAD. They seem to be okay with visa, and seems to lack knowledge on the EAD/485 stuff. Can you please PM the link to the loan office you worked, if he is agreeing to talk / provide updates. BTW, mine is a re-finance, and never had problem before and this is the first time, the visa issue is causing difficulties. The reason I went through this loan agent is the rate I am getting.
Finally, BOA approved your loan or not. I am in exact same situation as you & they have denied my refinance.
Finally, BOA approved your loan or not. I am in exact same situation as you & they have denied my refinance.
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pbojja
09-11 05:19 PM
i have stopped giving a F**K about red dots. they honestly don't mean shit.
I agree , Even though I m a not big contributor , I have got so many reds in the past ...when you disagree with others opinion you just get a red, they dont dare to express
I agree , Even though I m a not big contributor , I have got so many reds in the past ...when you disagree with others opinion you just get a red, they dont dare to express
more...
ys2jax
07-06 08:39 AM
here is the link
http://www.cnn.com/feedback/forms/form1.html?18
I cannot believe CNN is completely ignoring this story which appeared in NYT, WSJ, FORBES and a 100 other newspapers
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
there was a serious security lapse in issuing green cards, FBI Security check was bypassed, the USCIS might have given the visa to even terrorists.
why is CNN completely turning a blind side to this story, i am appalled by the CNN staff who choose to ignore this story.
http://www.cnn.com/feedback/forms/form1.html?18
I cannot believe CNN is completely ignoring this story which appeared in NYT, WSJ, FORBES and a 100 other newspapers
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
there was a serious security lapse in issuing green cards, FBI Security check was bypassed, the USCIS might have given the visa to even terrorists.
why is CNN completely turning a blind side to this story, i am appalled by the CNN staff who choose to ignore this story.
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Humhongekamyab
04-30 02:35 PM
We have the sound now.
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gctest
09-15 11:30 AM
keep supporting EB3 porting .. you wil then get your GC in 7 years
If somebody is eligible to jump from Eb3 -> EB2, then he should be allowed to jump.
I am EB2. I had to change my job as my previous employer didnot allow me to file in EB2 as I didnot have prior experience even though i have MS from USA.
I changed my job and now I am in EB2. My PD is Feb 2008. Sucks that I missed the bus in July 2007.
Nobody should go through what I went through. If somebody is eligible to jump, then he should jump from EB3->EB2.
Considering the current delays in labour and I140 approvals, I think the entire process of filing for new labor, then I140 and the PD porting will take around 2yrs if there are no Queries. :p
Unless somebody's PD is mid 2006 or 2007 above in EB3, I dont think this EB3->EB2 jump will be helpful. :rolleyes:
YOu never know what rules will change in future. :confused:
If somebody is eligible to jump from Eb3 -> EB2, then he should be allowed to jump.
I am EB2. I had to change my job as my previous employer didnot allow me to file in EB2 as I didnot have prior experience even though i have MS from USA.
I changed my job and now I am in EB2. My PD is Feb 2008. Sucks that I missed the bus in July 2007.
Nobody should go through what I went through. If somebody is eligible to jump, then he should jump from EB3->EB2.
Considering the current delays in labour and I140 approvals, I think the entire process of filing for new labor, then I140 and the PD porting will take around 2yrs if there are no Queries. :p
Unless somebody's PD is mid 2006 or 2007 above in EB3, I dont think this EB3->EB2 jump will be helpful. :rolleyes:
YOu never know what rules will change in future. :confused:
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digital2k
05-10 11:47 AM
Those who are waiting, pls call...
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Lacris
08-12 12:49 PM
BEC= Backlog Elimination Center, theywere for elimination of backlogs for LC's:o
Trust me, after waiting at PBEC for almost 2 years,I know what BEC is. I was just saying that a person who got LC certified in 2004 didn't have to go thru BEC. They started transferring cases at the beginning of 2005.
Trust me, after waiting at PBEC for almost 2 years,I know what BEC is. I was just saying that a person who got LC certified in 2004 didn't have to go thru BEC. They started transferring cases at the beginning of 2005.
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mihird
08-01 10:52 PM
Again, no journalism experience, but good at composing English, in general, and vast knowledge on USA, global economics, the H1 visa program etc.. Have written to US Senators in the past.
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kalyan
06-11 08:22 AM
Particularly elimination of LC substitution and elimination of concurrent 140 & 485 are good things to come in the forseeable future.
Also, another Damn thing that INS should do, check the PayStubs and W2 forms for all the people and should check with IRS on that to eliminate the another class of people who are just faking about everything, everything and becoming liable on this GC and creating a freaking mess and becoming example or providing direction to lot many others following their model.
If this stops, yes, our waiting times decrease. I can say one, Our own Indian mentality is causing Quueues in this process
We need to change.
Also, another Damn thing that INS should do, check the PayStubs and W2 forms for all the people and should check with IRS on that to eliminate the another class of people who are just faking about everything, everything and becoming liable on this GC and creating a freaking mess and becoming example or providing direction to lot many others following their model.
If this stops, yes, our waiting times decrease. I can say one, Our own Indian mentality is causing Quueues in this process
We need to change.
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eb3_nepa
07-16 12:47 AM
Common people just $150 short. Pacific time people. Please help. We need 30 good souls from the West coast :)
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hemkant
09-11 01:50 PM
Google Order #673393592214008
Jaime
09-12 04:37 PM
Bump
seeking_GC
07-21 02:30 AM
hi,
In case you have a visa stamped on your passport (even if its expired ) give it to them, also talk to your loan agent at the bank and ask him to pass the details to the underwriter,loan agents dont understand the immigration intricacies but the underwriters do- it may take a few more days but eventually they will approve it.
In case you have a visa stamped on your passport (even if its expired ) give it to them, also talk to your loan agent at the bank and ask him to pass the details to the underwriter,loan agents dont understand the immigration intricacies but the underwriters do- it may take a few more days but eventually they will approve it.
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