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  • 9years
    11-16 09:14 AM
    It is a letter by your I-485 attorney to USCIS mentioning your pending I-485 application (receipt numbers, filed where, including everyone part of the application), about your company securing I-140 approval under EB2 category for you and requesting to interfile this I-140 with pending I-485 and approval based on case is being current now (mentioning priority date). Copy of the I-140 approval notice (EB2) should be attached.

    Some attorneys do attach I-485 receipt copies too. Also, your attorney may ask you to sign on the G-28 form that he/she is representing your case.
    Thank you, I appreciate your quick response.




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  • bigboy007
    06-03 01:35 AM
    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 seeking GC.

    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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  • tikka
    07-20 02:40 PM
    I set it up for 50 USD reoccuring contributions.

    Cheers!


    thank you for your contribution.. :)




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  • reedandbamboo
    09-11 10:07 PM
    Every visa bulletin there is some information of the coming months processing that needs to be interpreted. The Oct 08 bulletin talks about the following:

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html

    E. EMPLOYMENT VISA AVAILABILITY

    Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.

    Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.




    Correct me if I'm wrong, BUT it was not until 2005 that the backlogs started to appear (owing to introduction of PERM?). What the hell have they been doing from 2005 until now?!!! WHY don't they still have a friggin' clue as to the number of cases in their system?

    DAMN SLACKERS I SAY!!



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  • sledge_hammer
    04-17 10:21 AM
    EAD is not a visa status. It is an employment authorization document. Of course they will not accept it in lieu of H-1B.

    What you need to do is show them the receipt of your I-485 application with the A#.

    In my case too he asked me if I was on EAD and I said yes. He said that I should then give him a copy of I-485 receipt. However, since I also maintain H-1B visa, I just gave him that.

    HSBC denied my refinance application because of EAD status. They said EAD is not one of the statuses they accept. They needed either H1B or GC status. I lost my $325 rate locking fee, not sure what else my real estate attorney is going to charge me because of this denial. I am in the process of talking to other banks.

    Hope this helps someone not to loose money.




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  • Milind123
    09-15 08:30 AM
    thanks Zappy pvhemanth :)

    Thank you Zappy & pvhemanth for the very nice contribution. I thought you would come after our three sponsors have pledged. That was really nice of you.

    May I now request contributions from the people who have contributed only once? If you have contributed some time back please consider doing so now.
    Also, if you have contributed before and do not plan to contribute now, we would like to know the reason? There is obviously some disillusionment. If you don't feel comfortable posting, feel free to send out a PM. We will try our best to address your concerns. Remember your contribution before the rally is slightly more beneficial for IV.



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  • bobzibub
    06-11 04:04 PM
    I keep reading we should fight for out rights and all. I am just curious
    where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
    And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.


    People don't come here to work for someone else. They come to work for themselves (and eventually) hire Americans. If USCIS released their internal data as they've been asked and the numbers show that you've got to wait two decades for a green card, that is tantamount to them hanging a sign saying: "We don't serve Indians; We don't serve Chinese." They might as well just close and wind down operations.

    People come for economic opportunity, and economic opportunity when you work for someone else is limited. Certainly less than in Canada, India and China when you work for yourself. People bring their creativity and ideas and hard work and the US benefits immensely from this skilled labour pool. They've also come because USCIS has put the foot ball in front of them, only to pull it back after we're years into the process.

    A sign saying "We don't serve Indians or Chinese" *is* discrimination. But I would also use the word "fraud" for that is what it is: We paid for an advertised service. We spent years waiting for that service. We did not get that service. Pretty simple.




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  • immi_seeker
    12-15 02:20 PM
    Looks like he is behind in time :-)

    Michael chertoff is no more uscis boss. Its janet napolitano



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  • aau
    07-12 11:22 AM
    In VA can we extend Driving License with receipt notice of h1 extension .

    Hey,

    I went to the VA DMV in Sterling yesterday and the person there refused to renew my DL based on my original H1B extension extension RECEIPT Notice, saying there is no 'Date' on this document. :mad: These ppl are too dumb. It says clearly on DMV's website - they will give you a 1 yr extension IF there is no date on that document. Need to take a lawyer and paralegal along next time... :confused:

    BTW, how did you manage to do this??




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  • inskrish
    09-28 09:32 PM
    More than willing as well...lol! You know what to do, ei and don't give me RFE.....you can interview me but soon after give me GC....


    LOL. :) If I am a volunteer as an IO, I would get the names of all IV members, write a small script to approve their GCs, make sure the cards are delivered to the members, and immediately resign my job. :D

    Regards,
    IK



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  • eb3_nepa
    07-16 11:59 AM
    I am not seeing a lot of action today. Do we have any more members who want to take part in the action?

    Common people, we NEED this campaign to be a continuous success. :)




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  • indio0617
    03-09 11:07 AM
    Sen : says he has several amendments (title 2) still to discuss

    6181, 6238, 6239, 6182 (mandatory federal response) , information sharing, deportability for criminal offenses


    Sen Specter: Says they will have another session next Wednesday, thursday for further amendments, markups. Title 2 will close. onto title 3 now..



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  • swo
    07-22 01:11 PM
    One major issue is, every year they are going to receive 600K EAD renewals. They will never get time to work on 485, but life long working on renewing this EAD's and no more further GC processing.

    Remember...some of these 600K will get the GCs or have them denied. For example, concurrently filed I-140s will be denied etc. So the numbers may reduce over time.

    ....

    So, no worries. There must be a solution ahead for us.

    Correct. They will have ways of trying to cope. If they need more workers, they will somehow get them.




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  • BostonGCVictim
    01-02 04:45 PM
    This is from a guy who left after years of waiting. I don't know him personally but his prose is very powerful.

    Read it here at http://tired-immigrant.blogspot.com/



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  • rongha_2000
    04-30 03:21 PM
    Only 95000 GCs? I thought the recap number is somewhere in the 200K range. Or is this family based GC for which 95K will be available?

    Max waiting country Philippines (family based) = 22 years
    if recapture enacted we shortened it for a few months.

    Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!




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  • chanduv23
    09-13 12:01 PM
    Just now contibuted USD 100.00..sorry could not contribute a big amount..under a huge debt now...may be in future..

    PayPal Confirmation Number: 06B71369TE645612G

    thanks

    Thanks for your wonderful gesture



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  • GCwaitforever
    05-15 03:55 PM
    There seems to be no trend. Mine is non-RIR from 2001 November, transferred from Federal. I have not heard anything after receving 45-day letter in May 2005. Recent case status from BEC says my application is awaiting further review by a BEC analyst. One day, it might be approved. Incidentally DOL web site says still 17 months remaining for backlog removal.:D We should see light at the end of tunnel after another 1 1/2 years.




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  • vinabath
    07-20 12:47 PM
    It is still optimistic my freind. As one of our member pointed out, realstic number would be around 600K, which implies 16 months wait for some people. Also , we do not know the level of work force at USCIS engaged in processing EAD. It could be 10, it could be 100. More the better but it we it is fewer than we are doomed.

    I think USCIS will hire contractors to take care of this shit like DOL does. EAD and AP is the most easy to process. Very less dependencies.




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  • IneedAllGreen
    09-27 02:14 PM
    Came to USA in March 2000. First company never filed for GC in 2000 and 2001 year. Lost job in 2001. Got consulting work in another state. Later joined 3rd company in 2002.

    1st EB3 Labor - Filed on Feb - 2004 in 3rd company in USA
    (Labor Gone to backlog and lost job before it sees any light)

    2nd EB2 Labor - Nov - 2006 - in 4th company in USA.
    (Applied I-140 on Jan -2007- Got denied on May-2009 after two RFE's.)
    (Appealed I-140 on June - 2009...still waiting for their response)
    RFE was about my 3+3 (Diploma + Engg degree) for Eb2 case.
    (Applied for 485 for me and my wife during July Fiasco)
    Never used EAD anytime.
    (I am going to bear all cost of GC process)

    3rd Eb3 Labor - Jan 2010
    (Applied I-140 Aug 2010 - Got approved)
    Waiting for date to be current for I-485..waiting for another July(any month) fiasco :rolleyes:
    (Again I am going bear all cost of GC process)..some Green dream hmmm

    During all these time I am on H1B. Changed 4 companies and 3 states in USA.




    Devils_Advocate
    07-06 03:58 PM
    Actually i think you guys have misconstrued Teli's comment, he didn't make that quote himself, he just quoted what one of the ugliest Anti Indian said to us on his blog today

    Life of an I.T. Grunt (http://itgrunt.com/)


    BTW TunnelRats blog was pulled off from the servers for his shit langauge against Indians;)
    He is now using an offshored server!




    msandhu
    07-30 03:50 PM
    Hi ,
    We applied I-485 in july and still waiting for receipt number. Also My wifes H4 visa expires on July 30 and her I-539 is pending. Can we use GC pending status to get driving license by showing the EAC receipt number ???

    Regards
    msandhu



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