immig4me
05-04 08:57 AM
This campaign starts at 4:00 PM EST on 29th April, 2010 and will run until the end of next week. We request all IV members to call the Senate offices listed below between 9:00 AM EST and 5:00 PM EST.
So, this Campaign runs for another 3 days, IV members need to pick up the phones and start calling. Remember, if no bill is put forth before the end of May, it will be legislatively impossible to take CIR this year.
It all boils down to, how much are we willing to help our own cause.
So, this Campaign runs for another 3 days, IV members need to pick up the phones and start calling. Remember, if no bill is put forth before the end of May, it will be legislatively impossible to take CIR this year.
It all boils down to, how much are we willing to help our own cause.
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chisinau
11-02 12:28 PM
NURSE, H-1B FEES TORPEDOED FROM BUDGET BILL
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
http://blogs.ilw.com/gregsiskind/
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
http://blogs.ilw.com/gregsiskind/
ItIsNotFunny
10-22 10:34 AM
Can someone suggest a good attorney (based on your personal experience) for sending AC21 letters to the USCIS? If possible please post the cost involved as well. Preferably in CT/NY/NJ area, any other area is fine too. Thanks!
Not to scare you but you sure your current employer will not revoke 140, look at the recent experiences from people.
Not to scare you but you sure your current employer will not revoke 140, look at the recent experiences from people.
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miguy
12-19 10:41 AM
..We cannot say things like exploitation or make the employers feel ...This is feed for the anti immigratin lobby..You put up stuff like this and they start painting you as their poster boy to show why the whole H1B program should be abolished......If we do conduct a strike ..it would cause no disruption at all..Frankly nobody is indispensible...Striking is equivalent of biting the had that feeds us...
Well, one or two of us are dispensible but if unite in our effort, then we definitely become indespensible....did we really make an impact by making those thousands of phone calls for the lame duck?.....the fact is that an average american doesn't give a ***** about whether we get our green cards or not because they don't even know our pains.....and the government has too many other trivial and not so trivial issues to deal with than worry about us......lobbying is a good idea but we are still not getting the attention we should be getting......do you think they can really abolish the h1b program?.......foreign workers have become the veins and arteries of these companies and unless until you stop the blood supply, no body is going to even notice.......the dependency on foreign workers is more today that it was a decade ago just because of the sheer volume.
Well, one or two of us are dispensible but if unite in our effort, then we definitely become indespensible....did we really make an impact by making those thousands of phone calls for the lame duck?.....the fact is that an average american doesn't give a ***** about whether we get our green cards or not because they don't even know our pains.....and the government has too many other trivial and not so trivial issues to deal with than worry about us......lobbying is a good idea but we are still not getting the attention we should be getting......do you think they can really abolish the h1b program?.......foreign workers have become the veins and arteries of these companies and unless until you stop the blood supply, no body is going to even notice.......the dependency on foreign workers is more today that it was a decade ago just because of the sheer volume.
more...
Saburi
02-26 11:30 AM
I think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file I-1485.
Thank's
MDix
I wish your prediction come true but does not seem like i don't think this que is going to move anyfurther untill next few years, i was very positive about this que will move faster after Feb 2009 but since then its still sitting to the same duration and have not move even a little, so sorry bro but does not seem like this will move untill next year.
May be it will move few month in the end of the year but getting it current or passing 2008 i don't see it happening untill 2011.
Sorry its bitter but true unless there is any big releaf given to us which does not seem to be hapening as Mr. Chnage has lot to do with economy and figth against terror.
I hope an wish i am wrong and you are right?
Best Regards
Saburi
Thank's
MDix
I wish your prediction come true but does not seem like i don't think this que is going to move anyfurther untill next few years, i was very positive about this que will move faster after Feb 2009 but since then its still sitting to the same duration and have not move even a little, so sorry bro but does not seem like this will move untill next year.
May be it will move few month in the end of the year but getting it current or passing 2008 i don't see it happening untill 2011.
Sorry its bitter but true unless there is any big releaf given to us which does not seem to be hapening as Mr. Chnage has lot to do with economy and figth against terror.
I hope an wish i am wrong and you are right?
Best Regards
Saburi
GCard_Dream
07-06 05:31 PM
Can someone explain what "Temporary Restrain Order" would do if it were successful. It sounds to me that the lawsuit is asking the court to temporarily invalidate the July visa bulletin so that USCIS will be forced to accept the applications. Is this a reasonable understanding? Any lawyers here?
more...
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.
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AabTuAgaGC
01-21 10:08 AM
I finally got a LUD on 1/18/2007. Today, I got my second LUD, 1/21/2008. Hopefully the approval will be mailed soon.
more...
needhelp!
09-10 08:08 PM
20000 more to go!
Checks and bill pay please send to:
Immigration Voice
PO Box 114
Dayton
New Jersey -08810
Telephone: (202) 386-6250
Please post here when you contribute.
Its great to see the progress and it encourages others to step up and do the same.
WE CAN DO IT!!
Checks and bill pay please send to:
Immigration Voice
PO Box 114
Dayton
New Jersey -08810
Telephone: (202) 386-6250
Please post here when you contribute.
Its great to see the progress and it encourages others to step up and do the same.
WE CAN DO IT!!
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Kodi
07-12 02:49 PM
Did anyone here get their PERM LC approved from Atlanta recently? They seem to have started processing.
more...
sriharirag
07-13 05:57 PM
Did my part in contacting senator and congressman...did get positive feedback...don't know what they will do.
Thanks
Sri
Thanks
Sri
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amdavad
03-14 07:47 AM
We received RI. Recruitment period is from 03/19 to 04/18. It seems thing are moving.
MA/10-2003/TR
MA/10-2003/TR
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akhilmahajan
09-14 08:31 AM
ya Milind- I did contribute.
Danny, put the transaction details on there. Like the time and the transaction number.
Danny, put the transaction details on there. Like the time and the transaction number.
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eb3_nepa
07-05 10:52 AM
Admins can we combine this thread and
http://immigrationvoice.org/forum/showthread.php?t=6082
http://immigrationvoice.org/forum/showthread.php?t=6082
more...
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nirenjoshi
03-05 05:04 PM
ditto
Same here.. LUD=9/11/07
Same here.. LUD=9/11/07
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senthil
08-08 08:54 PM
just want to see how much time it takes. thanks
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skynet2500
07-05 12:34 PM
I wrote letters to Cornyn and Hutcison about the situation. They have asked me to fill the privacy form authorizing the senator to access my data. Did anyone do this?
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indio0617
03-09 11:22 AM
hi indio
which cap on Nurse are they talking about. Is it the EB cap or H1B cap?
They voted YES to include amendment to eliminate EB visa cap for Nurses (India, PHI)
Will send the Nursing comm into raptures if it finall passes into law. Strong indications that it will make it. Of course that will have major impact on EB3 numbers, I guess
which cap on Nurse are they talking about. Is it the EB cap or H1B cap?
They voted YES to include amendment to eliminate EB visa cap for Nurses (India, PHI)
Will send the Nursing comm into raptures if it finall passes into law. Strong indications that it will make it. Of course that will have major impact on EB3 numbers, I guess
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looivy
07-20 03:53 PM
What about receipt notices? Isn't that teh first step? I do not believe it will take 20 months to get a receipt notice. Are you sure they have only 30 folks for EAD. Is that a known fact? What if it is 300?
How about outsourcing it?
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
How about outsourcing it?
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
santb1975
06-06 09:56 PM
That is awesome
Just contributed 100 USD. I know the money will go far and also that IV needs more money to get us where we want to be. Come on people, lets do it.
100 USD will buy you freedom.
Just contributed 100 USD. I know the money will go far and also that IV needs more money to get us where we want to be. Come on people, lets do it.
100 USD will buy you freedom.
gsc999
07-09 05:30 PM
If you need a car ride from LA to San Jose for 07/14 rally. Please see details on the link below:
http://immigrationvoice.org/forum/showthread.php?t=6156&page=10
http://immigrationvoice.org/forum/showthread.php?t=6156&page=10
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