nk2006
10-21 05:24 PM
Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
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achiever2001
07-20 03:38 PM
You need to chill out dude. I do not see anything wrong. Whats wrong in analyzing and preparing yourself for future. I have plans to travel in 3 months.After looking at this thread I think it might take few more months. I think this is a valuable thread.
Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.
Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.
GCInThisLife
07-18 03:03 PM
You mean notice date? If your application is physically reached NSC on June 15th your receipt date should be around it. It makes sense for notice date getting delayed. However, your processing would be done based on RD only.
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
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mrjonie
01-04 09:32 AM
yes, try calling the 1800 number and go to the address change, there you will be able to talk to the IO and they will ask you what issue you have (they will not ask for address change)..you can explain your scenario to him/her.
they will collect your information and send a request to the corresponding SC to process faster...
they will collect your information and send a request to the corresponding SC to process faster...
more...
qplearn
12-18 05:33 PM
I do not have updates�I wish I did. Like most people in these forums I am waiting for miracle to happen�.which probably will not happen.
To me it seems like that the members are doing there part, i.e. sending emails, making phone calls etc. But it looks like our numbers are not enough to make a change in the policy.
what kind of a number will really have an impact? 25K?
To me it seems like that the members are doing there part, i.e. sending emails, making phone calls etc. But it looks like our numbers are not enough to make a change in the policy.
what kind of a number will really have an impact? 25K?
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.
more...
devahusain@yahoo.com
12-27 09:39 PM
1. Please throw your valuable thoughts on I-9 Employment autorization. My daughter is got a job and recuruiter asked for I-9 ( immigration document).
Do you need to print from INS office and fillup and send to respective college or INS.
2. My daughters are going to become 21 years in 2010. What will happend to I-485 approval for my two daughters. My Labor was filed one month grading.
I applied I-485 in the month of July 2, 2007. Will the age 21 is issue when my dauthers are going to 21 years.
Do you need to print from INS office and fillup and send to respective college or INS.
2. My daughters are going to become 21 years in 2010. What will happend to I-485 approval for my two daughters. My Labor was filed one month grading.
I applied I-485 in the month of July 2, 2007. Will the age 21 is issue when my dauthers are going to 21 years.
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cjain
07-06 04:03 PM
AILA has reported a very interesting or confusing DOS LegalNet Office letter which one of the members received towards the fact that the consular posts had already been allocated their numbers for the month of July prior to EB visa numbers becoming unavailable on July 2 and that the posts may continue to use their July allocations of EB numbers, and continue to issue Immigrant Visas for the rest of this month, July, for those applicants who were scheduled for IV interviews in July. Hm.....................................
more...
TomTancredo
03-04 01:45 PM
I have an RFE on my 485 (EB3 I SEP 2004 )....
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ramus
09-09 09:49 AM
Amma,
Thank you so much for your contribution.
Dear friends,
Contributed $ 300 today via google .
Keep going IV.
Amma
Thank you so much for your contribution.
Dear friends,
Contributed $ 300 today via google .
Keep going IV.
Amma
more...
ilwaiting
04-25 01:09 PM
Well, I'm sure you know Employer is the one that needs to file for GC. I think it has been said and done multiple times the various scearios that might ditter a person from pursuing the GC process. Let alone waking up 6th year of his H1B, I'm sure no one is so dumb.
As for your question:
"So what happens to people who already have a PD based on the labor(LC) date?"
It needs to be handled carefully by USCIS. What happened to the 300K+ DOL Backlog cases that are still being adjudicated at BEC. But the new PERM process got enacted without a hitch. May be something similar would happen with this one too
So what happens to people who already have a PD based on the labor(LC) date?
I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.
As for your question:
"So what happens to people who already have a PD based on the labor(LC) date?"
It needs to be handled carefully by USCIS. What happened to the 300K+ DOL Backlog cases that are still being adjudicated at BEC. But the new PERM process got enacted without a hitch. May be something similar would happen with this one too
So what happens to people who already have a PD based on the labor(LC) date?
I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.
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rahulpaper
09-13 03:37 PM
Thanks Pappu
Pls see the first post on this thread for directions and the URL
Pls see the first post on this thread for directions and the URL
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immi_twinges
07-20 05:47 PM
1) Contact senators who voted yea...Lets specify that we are thanking them because they are supporting legal immigration...Lets make them aware that legal immigrants are prospective voters too.
2) Contact the 2 faced senators like Clinton and Obama and express dissapointment
3) Contact senators like Kennedy...who say they believe in immigration system but vote ney for legal immigration and express your thoughts
4)Contact USINPAC and ask what they are doing to help us?
2) Contact the 2 faced senators like Clinton and Obama and express dissapointment
3) Contact senators like Kennedy...who say they believe in immigration system but vote ney for legal immigration and express your thoughts
4)Contact USINPAC and ask what they are doing to help us?
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wandmaker
03-12 11:45 AM
Hi Guys,
I noticed recently a lot of people have the status of "Donor" instead of "Senior Member", "Member", Junior Member etc.
How does one become a "Donor". I have donated to IV SEVERAL times in the past.
Can you take sometime to fill in your profile?
I noticed recently a lot of people have the status of "Donor" instead of "Senior Member", "Member", Junior Member etc.
How does one become a "Donor". I have donated to IV SEVERAL times in the past.
Can you take sometime to fill in your profile?
more...
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apahilaj
04-30 06:54 PM
So, where is the bill going next? Sorry guys, haven't heard the recording but just going by the thread it seems like this hearing didn't go as expected...
Is the bill going to die prematurely or is it going any where?
Is the bill going to die prematurely or is it going any where?
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julsun
01-04 11:11 AM
Has anybody called the USCIS customer service number regarding AP ?
If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?
One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.
If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?
One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.
more...
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offohh
08-02 05:27 PM
Paisa read the Jan 2007 VB archive. hopefully you will understand what i am talking about.
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amitjoey
05-14 04:55 PM
you can still call the senators on the west coast- you got 2 more hours.
Please call.
Please call.
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CantLeaveAmerica
04-01 01:26 AM
We're much better off here in the US when you compare our compatriots suffering in Britain. Britain has enforced a lot more regulations on immigrants, much to their chagrin.
Let's grin and bear it and hope to see the 'green' light at the end of the tunnel.
That's exactly the point..USCIS is HEADED by fools...the problem lies within...the heads dont really care if their staff is underpaid and over-worked..but the fact of it is that they just don't have the money nor manpower to get the work done. When USCIS adjudicated all those cases in 2002, it was not of their own volition but because Congress mandated it..6 years later they dont care for the immigrants..u think they'd (policy makers) care 2 hoots for the the USCIS officers...just take a look at the Infopass centers...from my experience I havent seen more than 2 officers helping customers at a time..no money..no manpower
Let's grin and bear it and hope to see the 'green' light at the end of the tunnel.
That's exactly the point..USCIS is HEADED by fools...the problem lies within...the heads dont really care if their staff is underpaid and over-worked..but the fact of it is that they just don't have the money nor manpower to get the work done. When USCIS adjudicated all those cases in 2002, it was not of their own volition but because Congress mandated it..6 years later they dont care for the immigrants..u think they'd (policy makers) care 2 hoots for the the USCIS officers...just take a look at the Infopass centers...from my experience I havent seen more than 2 officers helping customers at a time..no money..no manpower
la6470
02-25 12:28 AM
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Dont worry - another 50 to 60 years and then it will be dust to dust and ashes to ashes. BTW did you visit Grand Canyon or Death Valley?
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Dont worry - another 50 to 60 years and then it will be dust to dust and ashes to ashes. BTW did you visit Grand Canyon or Death Valley?
ychousa
07-18 06:47 PM
Does PD exist just to be able to file I-485? Or as some members say, does it also play a role after filing I-485 for adjudication? Does CIS go by PD or RD when the visas are limited?
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
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