diptam
07-06 10:50 AM
See - lets not fight within ourselves. We both have the same cause but expressing differently.
Please read my other pots written to DDLMODES - my only intention was to say that if a "USCIS overhaul" has to happen that should be initiated by Senators.... For Senators to do something American peoples need to talk ( like they did for CIR)
Chat with you later - got a meeting.
Let me tell you one thing for clearly. I know that this is a hot button issue in both agencies right now. If you read Zoe Lofgren's letter, both secretaries have to answer her questions and it will be a press release as well. We need to make it a public story, but NOT by digging our own hole. Boat 1 is better for me, If I know for sure that Boat 2 will drown me in the ocean. In the heat of the moment, you might not see the consequences of the security lapse rumors.
The established truth so far is
USCIS used all the numbers ahead of time and shut the door on highly skilled immigrants on day one
DOS revised its July 2007 visa bulletin on day one 1, which has not happened in a long time or never.
The wind mill stories are
Some law firms started hallucinating that the security checks were never done. They themselves do not know for sure. If you go and look towards the end of the blog post where it originated, he asks for confirmation instead of telling his resources.
Do you know that there were people who got their GC in 45-60 days last year? I know some personally. The security check and how they say its done or not done has always been esoteric to us. Last year, some one put up the blog of a Taiwanese guy who got labor,140,485 approved in a span of 5-6 months. How can this happen? AFAIK, all the people who got their GC's have PD's like 2003 and 2004. Please do not sling mud, when we do not know for sure, esp when the issues are of paramount importance like security. I will leave things for your discretion.
Please read my other pots written to DDLMODES - my only intention was to say that if a "USCIS overhaul" has to happen that should be initiated by Senators.... For Senators to do something American peoples need to talk ( like they did for CIR)
Chat with you later - got a meeting.
Let me tell you one thing for clearly. I know that this is a hot button issue in both agencies right now. If you read Zoe Lofgren's letter, both secretaries have to answer her questions and it will be a press release as well. We need to make it a public story, but NOT by digging our own hole. Boat 1 is better for me, If I know for sure that Boat 2 will drown me in the ocean. In the heat of the moment, you might not see the consequences of the security lapse rumors.
The established truth so far is
USCIS used all the numbers ahead of time and shut the door on highly skilled immigrants on day one
DOS revised its July 2007 visa bulletin on day one 1, which has not happened in a long time or never.
The wind mill stories are
Some law firms started hallucinating that the security checks were never done. They themselves do not know for sure. If you go and look towards the end of the blog post where it originated, he asks for confirmation instead of telling his resources.
Do you know that there were people who got their GC in 45-60 days last year? I know some personally. The security check and how they say its done or not done has always been esoteric to us. Last year, some one put up the blog of a Taiwanese guy who got labor,140,485 approved in a span of 5-6 months. How can this happen? AFAIK, all the people who got their GC's have PD's like 2003 and 2004. Please do not sling mud, when we do not know for sure, esp when the issues are of paramount importance like security. I will leave things for your discretion.
wallpaper Oil Rig Black And White clip
th5000th
06-11 07:31 PM
There are approximately 25,000 EB2 and 25,000 EB3 applicants currently
queued at the Department of State awaiting visa numbers.
There are currently approximately 25,000 EB2 India cases
which have been reviewed by USCIS and queued up at the Department of State
awaiting visa numbers for the "green cards" to be approved.
What does this mean? All the pending EB2 cases for visa numbers are from India?
Isn't it too ridiculous?
queued at the Department of State awaiting visa numbers.
There are currently approximately 25,000 EB2 India cases
which have been reviewed by USCIS and queued up at the Department of State
awaiting visa numbers for the "green cards" to be approved.
What does this mean? All the pending EB2 cases for visa numbers are from India?
Isn't it too ridiculous?
reddymjm
03-03 03:46 PM
Looks like MDix is making fun of EB3-I bcoz current law doesn't allow any spillover for EB3-I category. Damn you MDix.
Law never changed. Its how USCIS interprets it.
Law never changed. Its how USCIS interprets it.
2011 Clip Art Flowers Black And
ak_2006
05-15 09:46 AM
Here is the scoop.
from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.
Liaison confirmed the following:
1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy)
2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.
3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.
4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska’s decision to deny the I-485 may have been in error. (which in my case is true)
Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor
Unanswered questions:
1. If the Liaison can see that my I-140 is approved on 09/04/2009, why is that the adjudicating officer is responding with a denial on 09/04/2009 and subsequent denial of I-485?
2. Are they both not looking at my information with same interface?
Conclusion:
Atleast in my case it looks deliberate and intentional.
Hi ind_game,
For me, 1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy) has typo. I think your 09/04/2009 should be 2007.
Please correct.
from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.
Liaison confirmed the following:
1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy)
2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.
3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.
4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska’s decision to deny the I-485 may have been in error. (which in my case is true)
Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor
Unanswered questions:
1. If the Liaison can see that my I-140 is approved on 09/04/2009, why is that the adjudicating officer is responding with a denial on 09/04/2009 and subsequent denial of I-485?
2. Are they both not looking at my information with same interface?
Conclusion:
Atleast in my case it looks deliberate and intentional.
Hi ind_game,
For me, 1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy) has typo. I think your 09/04/2009 should be 2007.
Please correct.
more...
beppenyc
03-08 02:23 PM
I can`t beleive it. I am very disappointed, that is unveliable. Everytime that it looks that something is happening...we got some problems. Now what`s going on with the democrats....
HV000
07-21 09:04 AM
Is there a chance that this Amendment can be introduced thru a different bill later this year???
Important thing to Note here is that Sen.Durbin argued for safeguards for H1B Abuse. If Cornyn and Durbin can make some compromises, then this amendment might pass in the future!![/B]
Important thing to Note here is that Sen.Durbin argued for safeguards for H1B Abuse. If Cornyn and Durbin can make some compromises, then this amendment might pass in the future!![/B]
more...
GCard_Dream
07-06 01:59 PM
Are you guys digging this story as well .. or just talking about it.
Please go ahead and digg it.
Please go ahead and digg it.
2010 heart clipart black. heart
Green.Tech
06-22 10:57 AM
Bump.
more...
Jimi_Hendrix
11-05 11:46 PM
GC Soon!
Great to hear from someone in Southern California! I live in Orange County. Do you have other friends who are members on IV and in Southern California region?
Thanks,
Amit
Great to hear from someone in Southern California! I live in Orange County. Do you have other friends who are members on IV and in Southern California region?
Thanks,
Amit
hair heart clip art black and
ajay
03-22 12:23 AM
I am in a bind now, appreciate any advice,
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
more...
amsgc
04-02 08:57 PM
Dude, I asked where do you go and rate the post. No wonder ssnd calls you dumb.
On the top right corner of this post, there is a "scale". Click on it! :)
On the top right corner of this post, there is a "scale". Click on it! :)
hot hot heart clip art free lack
gk_2000
08-23 01:09 PM
Not everyone has the luxury to go to home country to work for one year. Its like telling the Eb3 person to port to EB2. Do you accept that. There are so many issues need to be factored in. So lets not get into something which is not fair or not possible for every one. They system is f*&ked up. thats the fact. When the system is not fair, we fight to fix and not finding the loopholes.
There is a difference, my friend. Porting to EB2 means you have to spend LOTS of $$$ and time and effort to get masters degree.
No matter how you look at it, it is not wise to hack away at any door that's open to all. We should look at expanding our vistas, not shrink it. What if I tell you I am thinking of starting up a co in India, so some day I can make it here using the EB1 route? Why do you want to prevent me from availing this opportunity and making my sacrifices -- just because you feel it will help YOU move forward by ONE INCH?
There is a difference, my friend. Porting to EB2 means you have to spend LOTS of $$$ and time and effort to get masters degree.
No matter how you look at it, it is not wise to hack away at any door that's open to all. We should look at expanding our vistas, not shrink it. What if I tell you I am thinking of starting up a co in India, so some day I can make it here using the EB1 route? Why do you want to prevent me from availing this opportunity and making my sacrifices -- just because you feel it will help YOU move forward by ONE INCH?
more...
house Black and White Hearts Clip
Canadian_Dream
06-01 08:18 PM
I re-read the section and I think your interpretation is correct. All I-140 filed after introduction and approved before enactment should stand clear from this provision. If there is an I-485 petition filed along with such an I-140 that is approved before enactment of this act, then it will qualify for an immigrant visa whenever one is available under the old law.
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
tattoo Heart Clipart #77098: Black
himu73
09-09 11:49 AM
I agree! I would't invest in India either. I believe awareness about these facts will save atleast few folks from being duped of hard earned money.
You need to have proper knowledge of the market to invest anywhere. Most of the things you have stated make it clear that you have never been a real estate investor.
I think you missed a chance by not investing in India through 2001 to 2005.Money has doubled tripled and there are buyers who can afford to buy in Tier 1 cities. Those are not the EMPLOYED people but the SELF-EMPLOYED ones.
Study the market carefully and make sound decisions whether India or anywhere but dont make comments based on some analysis.
Also,Investing is an ongoing exercise, whether Real estate,Stocks. you cannot just wake up one day and say I want to invest in Indian real estate. You need to build a portfolio similar to the way you do for Stocks. Start with a some research and a small investment. My suggestion is to join a group of people who are already doing some Real estate investment and go along with them. Just reading someone else's comments and coming to a conclusion is not good. Do more research ,Invest time, Wait for the right opportunity.
Just my few cents.
You need to have proper knowledge of the market to invest anywhere. Most of the things you have stated make it clear that you have never been a real estate investor.
I think you missed a chance by not investing in India through 2001 to 2005.Money has doubled tripled and there are buyers who can afford to buy in Tier 1 cities. Those are not the EMPLOYED people but the SELF-EMPLOYED ones.
Study the market carefully and make sound decisions whether India or anywhere but dont make comments based on some analysis.
Also,Investing is an ongoing exercise, whether Real estate,Stocks. you cannot just wake up one day and say I want to invest in Indian real estate. You need to build a portfolio similar to the way you do for Stocks. Start with a some research and a small investment. My suggestion is to join a group of people who are already doing some Real estate investment and go along with them. Just reading someone else's comments and coming to a conclusion is not good. Do more research ,Invest time, Wait for the right opportunity.
Just my few cents.
more...
pictures free heart clipart black and
tinamatthew
07-21 05:44 PM
Hi Tina,
Do you know any employer or recruiting agency (in NY) who can help sponsoring physical therapists for 140 & 485.
I got a NY work permit and got my crdentials evaluated but unfortunately that emplyer is no longer having job vacancy. Now I am stuck and don't know if I can get benefit from some other employer.
Any input would be greatly helpful.
Hi GC
Are you EB2/EB3?
Did your previous employer put up the notice for 10 business days?
Are you willing to relocate if you don't find a sponsor in NY. Time is not on our side if you are EB3.
Even if you found an employer who is willing to sponsor you now, you still have the problem of the 40 day poster.
Let me know.
Do you know any employer or recruiting agency (in NY) who can help sponsoring physical therapists for 140 & 485.
I got a NY work permit and got my crdentials evaluated but unfortunately that emplyer is no longer having job vacancy. Now I am stuck and don't know if I can get benefit from some other employer.
Any input would be greatly helpful.
Hi GC
Are you EB2/EB3?
Did your previous employer put up the notice for 10 business days?
Are you willing to relocate if you don't find a sponsor in NY. Time is not on our side if you are EB3.
Even if you found an employer who is willing to sponsor you now, you still have the problem of the 40 day poster.
Let me know.
dresses clip art black. heart
meridiani.planum
04-01 07:02 PM
Who are we to investigate how the USCIS is functioning?
paying customers.
paying customers.
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arnab221
06-25 12:01 PM
Got approved just now. Labor filed EB3 on 23rd Feb Govt job. Thinsg are moving ... Best of luck to all !!!
-M
Dude ,
You owe us all a plate of Panipuri each .:D CONGRATS once again . Enjoy your day .
-M
Dude ,
You owe us all a plate of Panipuri each .:D CONGRATS once again . Enjoy your day .
girlfriend heart clip art black and
485Mbe4001
03-06 10:07 PM
Hi,
i had sent you a PM last week, did you get it?
thx
Hi pappu (admn)
i work for an indian media/newspaper here in southern california, and trying to get an interview done for IV, which can be published subsequently, basically aiming our cause and goals and achievements and to create more awareness/publicity campaign about GC logjam.
Can you write me your contact number and suitable time for this, it will be a telephonic interview.
best
i had sent you a PM last week, did you get it?
thx
Hi pappu (admn)
i work for an indian media/newspaper here in southern california, and trying to get an interview done for IV, which can be published subsequently, basically aiming our cause and goals and achievements and to create more awareness/publicity campaign about GC logjam.
Can you write me your contact number and suitable time for this, it will be a telephonic interview.
best
hairstyles heart clip art black. heart
chi_shark
02-23 01:38 PM
Here start the fresh round of stories. Now we will hear many stories like this but don't know what to believe until it actually happens. I just hope (and pray) that what you said is true and Govt start treating legals and illegals separately.
Thanks.
So, did anyone else hear anything similar? i am VERY excited about this... but dont know anything about what to make of it... maybe he was just saying it because my face looked tense?????? ha ha ha... no seriously, i dont know what to make of him and his information...
Thanks.
So, did anyone else hear anything similar? i am VERY excited about this... but dont know anything about what to make of it... maybe he was just saying it because my face looked tense?????? ha ha ha... no seriously, i dont know what to make of him and his information...
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.
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.
go_guy123
11-06 07:23 AM
Good points chisinau
Actually nurses have the H1c visa, but there are only 500 a year and only 14 hospitals in the whole country can apply for these visas. These visas last 3 years and after that the nurse has to leave the country. Not that employers don't want to apply for visas, it is just that many nursing positions DO NOT qualify for H1B! So the only viable option is the GC
Will the July visa bulletin help you in anyway?
This is the main reason why employers lobby for GC for nurses. It the
availability of H1B that kills the chances of EB reform for IT people.
Why lobby for EB reform (i mean do some lip service for EB reform while asking for H1B increase) when H1B is always available and more better from the point of view of employer.
Actually nurses have the H1c visa, but there are only 500 a year and only 14 hospitals in the whole country can apply for these visas. These visas last 3 years and after that the nurse has to leave the country. Not that employers don't want to apply for visas, it is just that many nursing positions DO NOT qualify for H1B! So the only viable option is the GC
Will the July visa bulletin help you in anyway?
This is the main reason why employers lobby for GC for nurses. It the
availability of H1B that kills the chances of EB reform for IT people.
Why lobby for EB reform (i mean do some lip service for EB reform while asking for H1B increase) when H1B is always available and more better from the point of view of employer.
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