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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mbawa2574
07-06 01:33 AM
IV will become ready for elections when we have real candidates with real faces. I request all real candidates to publish their photos and accomplishments, their ideas for the organization; so that we can choose the best person for the job.
Any volunteers? Why don't I see a single volunteer! Seriously, can we have an election without candidates?!
Pictures and videos will come out if we as an organization are ready/serious to hold elections. Otherwise this is not going anywhere. Everytime someone questions the stratergy and leadership, blaming back members for inaction is the standard excuse. Let's stop whining and do something. We are being funded and we have a great member base. Leadership and stratergy is the only deficiency.
Any volunteers? Why don't I see a single volunteer! Seriously, can we have an election without candidates?!
Pictures and videos will come out if we as an organization are ready/serious to hold elections. Otherwise this is not going anywhere. Everytime someone questions the stratergy and leadership, blaming back members for inaction is the standard excuse. Let's stop whining and do something. We are being funded and we have a great member base. Leadership and stratergy is the only deficiency.
conundrum
04-30 04:06 PM
In fact there should be a mandatory GreenCard 101 to cleared at least with a grade 'B' or better for anyone to be on the immigration committee :D
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eb3_nepa
12-18 04:05 PM
If we start the fasting and rallying the American people will view it as nothing but "Countries of the East" sending their millions to other countries to show their strength in numbers.
Another thing. There was a suggestion of starting "free coaching classes" for kids as a volunteer service. Excellent Idea IFFF AND ONLY IFFF we are doing it With the actual intent of providing education to the under-privileged. Otherwise, once immigrants' voices are heard, and relief comes through, guess what will happen? These coaching classes will stop dead in their tracks. This will attract NEGATIVE publicity sending a message that the so called "Volunteer Effort" was nothing but a PUBLICITY STUNT.
Another thing. There was a suggestion of starting "free coaching classes" for kids as a volunteer service. Excellent Idea IFFF AND ONLY IFFF we are doing it With the actual intent of providing education to the under-privileged. Otherwise, once immigrants' voices are heard, and relief comes through, guess what will happen? These coaching classes will stop dead in their tracks. This will attract NEGATIVE publicity sending a message that the so called "Volunteer Effort" was nothing but a PUBLICITY STUNT.
more...
edgarrecto
08-13 03:47 PM
who will act if we will not act!!!
who will move if we will not move!!!!
if not now, when?
who will move if we will not move!!!!
if not now, when?
Libra
09-10 03:32 PM
thanks raminmd and miy_maqbool for your contributions.
more...
Libra
09-12 02:13 PM
thank you imm_pro, let's go to DC.
Thanks IV...way to go.
Just made a modest contribution of $200.
Order Details - Sep 12, 2007 11:28 AM PDT
Google Order #313190031134013
Thanks IV...way to go.
Just made a modest contribution of $200.
Order Details - Sep 12, 2007 11:28 AM PDT
Google Order #313190031134013
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webm
04-30 03:28 PM
Testimony is going in full mood/swing..questions by questions...to uscis/dos..
more...
ramus
07-06 12:45 PM
Look at total members on IV now - 1259.. This thread will keep going..
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ameryki
01-20 08:44 PM
But I don't have 4 weeks. I have to travel on january 29th.
Another thing is do I need to show on departure do I need to show the AP Approval. If I don't then if I leave US and my friend mail it to my place abroad is that ok as my USCIS online application status check system shows my I-131 approved on January 8 and mailed.
I am not a lawyer...but I have read in threads here that people have had their friends or family mail them the AP approval prior to coming back and had no problems getting in. I think this will be your best option.
Another thing is do I need to show on departure do I need to show the AP Approval. If I don't then if I leave US and my friend mail it to my place abroad is that ok as my USCIS online application status check system shows my I-131 approved on January 8 and mailed.
I am not a lawyer...but I have read in threads here that people have had their friends or family mail them the AP approval prior to coming back and had no problems getting in. I think this will be your best option.
more...
lost
09-07 10:36 AM
I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
Thanks all.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
Did your parents file for GC? What is their status now?
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
Thanks all.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
Did your parents file for GC? What is their status now?
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gc_kaavaali
07-14 05:53 PM
Come on guys!!! please contribute for good cause.
more...
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gc2
04-03 10:38 AM
this thread has had a nice run. have'nt gone through all posts but it sure is bringing out various viewpoints. wonder how long it stays on recent forums list.
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chintainfogc
07-14 02:06 PM
Sent $ 25 via online bill pay
Confirmation Number: 7YB35-12VJB
Thanks
Chinta
Confirmation Number: 7YB35-12VJB
Thanks
Chinta
more...
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franklin
07-18 03:29 PM
I just upgraded my monthly contribution too!
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tdasara
07-05 11:17 PM
Can anyone post the email of the reporter?
more...
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GoldRod
09-10 02:38 PM
Green card is a gold rod. anybody knows why?
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Edison99
10-21 02:18 PM
Congratulations 9years and celebrate this approval with family and friends!
Hi All,
My EB2 I-140 Approved in 2 days (Premium Processing).
Service Center: Texas
Application Received Date: 10/12/2010
Application Approved Date: 10/14/2010
This is just to share with all of you.
Thank you.
Hi All,
My EB2 I-140 Approved in 2 days (Premium Processing).
Service Center: Texas
Application Received Date: 10/12/2010
Application Approved Date: 10/14/2010
This is just to share with all of you.
Thank you.
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ArkBird
08-12 03:10 PM
Am I the only one here feeling like being used as toilet paper waiting to get flushed with other "stuff" ??
Humhongekamyab
06-11 12:40 PM
Guys,
What Mr. Charles Oppenheim is doing is trying to build a Consensus to create a legislative relief.
So, they want us to create an awareness and buyin from decision Makers.
"Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades."
I agree. This was always there and it is only now that the government has acknowledged it. Mr. Oppenheim has given us ammunition to build our case and we must use it wisely.
Maybe we can have a have a "send fax" feature on IV from where we can quote Mr. Oppenheim's statement to send a fax to our senators. Also, it is high time that IV is a paid site even if it is $1 per month or 1 cents a day i.e. $3 per month. As I suggested in the past, new members/ visitors should be allowed to read the forums but to post a question or reply to a question one should be a paid member. I am confident that even with $1/month of 1 cent/day we will do better collections that we are doing now.
What Mr. Charles Oppenheim is doing is trying to build a Consensus to create a legislative relief.
So, they want us to create an awareness and buyin from decision Makers.
"Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades."
I agree. This was always there and it is only now that the government has acknowledged it. Mr. Oppenheim has given us ammunition to build our case and we must use it wisely.
Maybe we can have a have a "send fax" feature on IV from where we can quote Mr. Oppenheim's statement to send a fax to our senators. Also, it is high time that IV is a paid site even if it is $1 per month or 1 cents a day i.e. $3 per month. As I suggested in the past, new members/ visitors should be allowed to read the forums but to post a question or reply to a question one should be a paid member. I am confident that even with $1/month of 1 cent/day we will do better collections that we are doing now.
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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