iam_1900
09-11 11:50 AM
Google Order #366480709457688
Good luck with the rally
Good luck with the rally
wallpaper Seamless Damask Wallpaper
eastindia
08-23 08:55 AM
Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?
Where is GCperm when you need one?
Where is GCperm when you need one?
she81
08-13 05:01 PM
Have you given a thought or spoken to a lawyer about starting EB2 PERM when your EB3 140 is pending? After your EB2 PERM is approved, you have 6 months before interfiling your EB2 140 with your EB3 PD. I think that is long enough for your EB3 140 too be approved.
AFAIK, this can be done with little or no risk to your EB3.
Yes, but my current company is not willing to file a second EB2 case for me.
AFAIK, this can be done with little or no risk to your EB3.
Yes, but my current company is not willing to file a second EB2 case for me.
2011 Seamless damask wallpaper
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...
vdlrao
06-10 11:23 AM
DUI(Drive Under Influence)
Aah_GC
06-11 01:20 PM
You both are right. It is definitely not about quitting or winning, it is making the best decision in cognizance to your career and life goals. For some it might be fighting the EB cause, for some it might just be moving to Cananda or India. Either way, life is as such is supposed to be a rolling stone, most of the mass we carry is just a burden that comes in our way of experiencing true happiness and joy.
Did you ever hear the proverb "quitters never win" and winners never quit.
Quit here go to Canada and then face some problems there and then quit canada. And then you will become the rolling stone which gathers no mass. Your family will be sick of your shifting then and no stabilization will cause more issues.
A friend of mine told me this one evening when I was really frustrated and was planning to quit my dream on being an entrepreneur and here I am now, and I think where I am right now is for the reason that I didn't quit that day and finally my product was liked by a company and they bought the product and offered me a job as well and then one thing lead to another and now I am settled with what I always wanted to do ( kinda not 100%) but its ok.
Did you ever hear the proverb "quitters never win" and winners never quit.
Quit here go to Canada and then face some problems there and then quit canada. And then you will become the rolling stone which gathers no mass. Your family will be sick of your shifting then and no stabilization will cause more issues.
A friend of mine told me this one evening when I was really frustrated and was planning to quit my dream on being an entrepreneur and here I am now, and I think where I am right now is for the reason that I didn't quit that day and finally my product was liked by a company and they bought the product and offered me a job as well and then one thing lead to another and now I am settled with what I always wanted to do ( kinda not 100%) but its ok.
more...
swo
07-20 06:47 PM
thats one way to look at it. The other way to see this is that:
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
My friend, there is validity in what you say. I think there is a general shortage of visas, period. That is the root of the issue. However, we did know that going in. So when we get stuck in that situation we have to remember to distinguish between calling for change and demanding it.
Also, with all due respect to IV, I think the thing that most likely led to the USCIS turnaround was not our voices, but rather the fact that a law suit would have revealed SERIOUS rule breaking - particularly with regard to issuing of visas to non-security cleared people. I think the USCIS's fear of dealing with a) discovery during court proceedings and b) potentially huge finanicial damages, were the main motivating factors to the turnaround.
There is no doubt though, that the voices of immigrants did make a difference.
By the way, this morning I wrote to both Senators Cornyn (for) and Clinton (against) in response to their amendment votes yesterday. I thanked him from trying to bring relief and urged her to show more bravery in solving the crisis at a future opportunity. I urge you all to do the same.
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
My friend, there is validity in what you say. I think there is a general shortage of visas, period. That is the root of the issue. However, we did know that going in. So when we get stuck in that situation we have to remember to distinguish between calling for change and demanding it.
Also, with all due respect to IV, I think the thing that most likely led to the USCIS turnaround was not our voices, but rather the fact that a law suit would have revealed SERIOUS rule breaking - particularly with regard to issuing of visas to non-security cleared people. I think the USCIS's fear of dealing with a) discovery during court proceedings and b) potentially huge finanicial damages, were the main motivating factors to the turnaround.
There is no doubt though, that the voices of immigrants did make a difference.
By the way, this morning I wrote to both Senators Cornyn (for) and Clinton (against) in response to their amendment votes yesterday. I thanked him from trying to bring relief and urged her to show more bravery in solving the crisis at a future opportunity. I urge you all to do the same.
2010 Damask Wallpaper - Duck
coopheal
01-07 12:13 PM
Approach ur credit uniion. they will eventually sell ur loan to BAC or the big banks.
my friends were on H1. I was on EAD but all I had to provide was my credit score, 6 months paychecks, company history and indicate that my green card is in process. lender was happy that green card is in process. she got terribly confused when I mentioned LC, 140 and EAD. Be careful with words you use becuase the lender or anyone at walmart or honda are not that educated about the pains of GC process and not that they are bad and dont want ur business.
I am also not surprised on reading this thread because our local citizen friends (bankers et al) get pi$$ed off to learn that I dont have a green card and we own homes becuase we are perfect candidates to walk off in a foreclosure with nothing to worry.
on a serious note - if on H1 and no EAD. think twice before buying a house. Job Markets are becoming unfriendly for H1 holders.
God be with you.
-Oye Chakdepatte
I am on EAD and no H1B. I am looking for a house to buy. But wonder sometimes if I should wait till GC.
my friends were on H1. I was on EAD but all I had to provide was my credit score, 6 months paychecks, company history and indicate that my green card is in process. lender was happy that green card is in process. she got terribly confused when I mentioned LC, 140 and EAD. Be careful with words you use becuase the lender or anyone at walmart or honda are not that educated about the pains of GC process and not that they are bad and dont want ur business.
I am also not surprised on reading this thread because our local citizen friends (bankers et al) get pi$$ed off to learn that I dont have a green card and we own homes becuase we are perfect candidates to walk off in a foreclosure with nothing to worry.
on a serious note - if on H1 and no EAD. think twice before buying a house. Job Markets are becoming unfriendly for H1 holders.
God be with you.
-Oye Chakdepatte
I am on EAD and no H1B. I am looking for a house to buy. But wonder sometimes if I should wait till GC.
more...
javaconsultant
01-13 11:46 PM
My PD is June 2002 from CA in EB3/RIR category.
I did not get my approval yet !
I did not get my approval yet !
hair Damask Wallpaper-Brown/
pointlesswait
06-10 12:08 PM
same as DUI...but with lesser penalty...
snhn
what is a DWI?thanks.
snhn
what is a DWI?thanks.
more...
Kodi
06-21 11:00 AM
I checked with my lawyer today. They only received 2 approvals since January.:eek: This is pathetic.
hot Seamless Damask Wallpaper
knnmbd
04-26 12:39 PM
Guys ,
We have to stick to immigration reform..
Let's not get into the medicare/social security/income tax issues.
That would open a complete new front on which the immigration refrom opponents can attack you...
Our organization has to steer clear of the landmine issues like Medicare, Social Security reform. Those issues have sank many political careers in washington...These issues are tar pits..swamps...
We are threading a needle here...the thicker your thread gets..the less likely it would get through the needle hole..
We have to maintain focus and not get carried away.
Guys,
I agree with msp1976 on this. We need to focus on only the retrogression issue; everything else is great for time pass till the 27th when the SJC reconvenes.
We have to stick to immigration reform..
Let's not get into the medicare/social security/income tax issues.
That would open a complete new front on which the immigration refrom opponents can attack you...
Our organization has to steer clear of the landmine issues like Medicare, Social Security reform. Those issues have sank many political careers in washington...These issues are tar pits..swamps...
We are threading a needle here...the thicker your thread gets..the less likely it would get through the needle hole..
We have to maintain focus and not get carried away.
Guys,
I agree with msp1976 on this. We need to focus on only the retrogression issue; everything else is great for time pass till the 27th when the SJC reconvenes.
more...
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anilsal
07-24 12:46 AM
Yeah, BEC was a great thing that happened to make everything a lottery IMHO.
tattoo Devil Damask wallpaper by
pd052009
08-13 10:32 AM
I think more than 90% of companies in service industries have more than 50% emps in H1/L1. The fees may be indirectly passed to the employees in terms of cut in salary or cut in profit sharing.
Anyone knows whether there is any fee increase for premium processing?
Anyone knows whether there is any fee increase for premium processing?
more...
pictures Damask Wallpaper - Claret
9years
11-08 09:44 AM
Then there is nothing much we can do. We have to wait on them or checking LUDs on your I-485 case. I can understand your feelings. I wish you Best of Luck.
dresses Dinner Damask Wallpaper in
CADude
07-04 03:18 PM
Contact your Senator regarding unprecedented move by the Department of State.
If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.
Dear Senator :
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.
Dear Senator :
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
more...
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gc2
03-31 06:17 PM
a million things in this world are wrong and occassionally you will be at the receiver's end. Am sure you want things to change, so does every member of this group and many more who arent aware or part of IV yet.
Let us(as members) know what would you like to change in USCIS management. If you feel management should be criticised then lets hear it detailed. Would request to keep a positive outlook and suggest what you would like to see happen. Am sure everyone hear is all ears.
Let us(as members) know what would you like to change in USCIS management. If you feel management should be criticised then lets hear it detailed. Would request to keep a positive outlook and suggest what you would like to see happen. Am sure everyone hear is all ears.
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aquarianf
08-26 01:25 PM
I'm looking for homeloan options in India. Which bank would be good to apply for home loans.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
As many members posted, avoid ICICI. When you apply for loan, they will come to you and lick your feet and will do all sorts of promise about services. But after you take loan, you won't find same level of service.
But whatever bank you decide to go with, DO NOT GIVE THEM YOUR SOCIAL SECURITY NUMBER. It is not safe at all in their hand. Some banks requires SSN and some don't. ICICI requires SSN and credit report authorization. Negotiate with them. We negotiated with them and refused to give them social security number. We generated credit report ourselves and crossed out SSN and all account numbers from it properly. We did the same thing with other documents ie paystubs etc.
We have two home loans one with ICICI and another with SBI. We have better experience with SBI. My parents are power of attorney holder and they mostly deal with bank and according to them SBI is much better then ICICI do deal with locally. We have now decided to prepay our loan with ICICI in next 6 months in full.
Again remember DO NOT GIVE THEM YOUR SOCIAL SECURITY NUMBER.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
As many members posted, avoid ICICI. When you apply for loan, they will come to you and lick your feet and will do all sorts of promise about services. But after you take loan, you won't find same level of service.
But whatever bank you decide to go with, DO NOT GIVE THEM YOUR SOCIAL SECURITY NUMBER. It is not safe at all in their hand. Some banks requires SSN and some don't. ICICI requires SSN and credit report authorization. Negotiate with them. We negotiated with them and refused to give them social security number. We generated credit report ourselves and crossed out SSN and all account numbers from it properly. We did the same thing with other documents ie paystubs etc.
We have two home loans one with ICICI and another with SBI. We have better experience with SBI. My parents are power of attorney holder and they mostly deal with bank and according to them SBI is much better then ICICI do deal with locally. We have now decided to prepay our loan with ICICI in next 6 months in full.
Again remember DO NOT GIVE THEM YOUR SOCIAL SECURITY NUMBER.
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chisinau
07-22 02:09 PM
Agree with you, tinamatthew, regarding H1C visa, but my emploier does not want to waist his time for this, the chanses are too slim to get one of 500 H1C..., so I decided not to mention about it.
Maybe.... , the july victory might help, I just hope they will approve my DS230 this time, because previous DS230 was out of date, and they asked to submit it again.
But it is only one case, other nurses are still in the long process with CGFNS, and VisaScreen, then I140, with the huge backlog in the Visa Center , and so on...I am not against all these procedures, I believe it is a necessity, but the long immigration process for nurses is neither fair nor correct from healthcare and economic point of view.
So I believe for the majority of foreign nurses the July VB is not helpful in anyway.
Schedule A is our only option!
Maybe.... , the july victory might help, I just hope they will approve my DS230 this time, because previous DS230 was out of date, and they asked to submit it again.
But it is only one case, other nurses are still in the long process with CGFNS, and VisaScreen, then I140, with the huge backlog in the Visa Center , and so on...I am not against all these procedures, I believe it is a necessity, but the long immigration process for nurses is neither fair nor correct from healthcare and economic point of view.
So I believe for the majority of foreign nurses the July VB is not helpful in anyway.
Schedule A is our only option!
yoda
09-13 04:59 PM
Sent it to the Indian Embassy. They have a monthly newsletter. Hope to see this in the Oct. newsletter.
yoyo12
07-28 09:39 PM
Hi everybody,
I want to know if somebody knows what is going on with Atlanta perm lab center?I applied in Feb 2007 for perm labor and I checked my staus online almost every day.In jUNE 2007 IT SAID ''CERTIFIED''.My lawyer was waiting for the paper in mail..I checked again the status in July 2007and it said ''In progress''.Can somebody explain for me why is like that? What advice do you give me?
Thank you very much....
I want to know if somebody knows what is going on with Atlanta perm lab center?I applied in Feb 2007 for perm labor and I checked my staus online almost every day.In jUNE 2007 IT SAID ''CERTIFIED''.My lawyer was waiting for the paper in mail..I checked again the status in July 2007and it said ''In progress''.Can somebody explain for me why is like that? What advice do you give me?
Thank you very much....
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