losthope
06-11 08:11 PM
Great Details!! Everything is possible...someone has to sacrifice for people to listen
I would like to bring another point . What is the stand from the immigration attorney on recapturing visa number? Can't they do something on pushing on this? They made allot of money from immigration petition filing
I would like to bring another point . What is the stand from the immigration attorney on recapturing visa number? Can't they do something on pushing on this? They made allot of money from immigration petition filing
wallpaper flavors of Brisk Iced Tea,
dhesha
02-23 02:05 PM
Processing dates for 485 seems to have greatly improved at NSC. Hopefully now they start issueing based on the priority date.
At NSC I am seeing the following entry
-----
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications 4 Months
-----
What does 4 months mean?
At NSC I am seeing the following entry
-----
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications 4 Months
-----
What does 4 months mean?
deba
07-19 11:33 AM
Just contributed $100. Total so far $300. Will coninue to support IV.
2011 their Hard Iced Tea can.
gonecrazyonh4
04-25 08:52 PM
We stood in the backlog queue. 3 years. 4 years. Now, we are standing in the I-485 adjustment of status (to apply) queue.
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
I dont expect the wait to be any less longer .. But I would surely welcome priority date being based on H1 start date as it would be more fair method
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
I dont expect the wait to be any less longer .. But I would surely welcome priority date being based on H1 start date as it would be more fair method
more...
susie
07-15 11:32 AM
2 0f 2
Jack, Mary and Sundeep
Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.
Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.
Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).
He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.
Education
Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.
If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.
To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:
1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the USA upon completion of the course of study.
Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,
it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]
However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.
Jack
Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.
Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.
During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.
However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.
The Need for Reform for the Children
Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!
Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:
* He is not allowed to live in his home with his friends and family automatically;
* The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
* The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.
The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.
Help for the Children of Illegal Migrants: The DREAM Act
Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.
Reporting Errors
This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.
Jack, Mary and Sundeep
Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.
Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.
Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).
He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.
Education
Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.
If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.
To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:
1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the USA upon completion of the course of study.
Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,
it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]
However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.
Jack
Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.
Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.
During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.
However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.
The Need for Reform for the Children
Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!
Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:
* He is not allowed to live in his home with his friends and family automatically;
* The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
* The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.
The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.
Help for the Children of Illegal Migrants: The DREAM Act
Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.
Reporting Errors
This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.
santb1975
07-15 09:41 PM
Great Going. The funding drive that was started earlier halted at 19881. Glad to see things pick up again
to IV PO Box.
to IV PO Box.
more...
Legal
07-20 11:10 AM
Dems are unlilkely to support stand alone EB/ SKIL type legislations. They MAY agree for such legislation
(1) if they could get some cover with additional legislation like Durbin-Grasley restrictive bill on H1B - taking care of "middle class" "suffering" from "H1B cheap foreign labor" vote bank
(2) and get some pro-illegal legislation like DREAM act attached; taking care of Hispanic vote bank.
(1) if they could get some cover with additional legislation like Durbin-Grasley restrictive bill on H1B - taking care of "middle class" "suffering" from "H1B cheap foreign labor" vote bank
(2) and get some pro-illegal legislation like DREAM act attached; taking care of Hispanic vote bank.
2010 Thai Iced Tea
pcs
07-05 01:59 PM
Good job pcs !!
I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!
Just please let me know. WSJ news article & Congresswoman's letter adds a lot of muscle in your argument when you meet them
Some can use following letter to email / fax.............................
......
.......
Hi ,
This is not a regular mail.. I on behalf of many others need the support of honest media persons like you, else our faith in American media will be gone for good....
pl. read on...
Illegal action by USCIS causes $ 300 million loss in a single day to Legal & Skilled Immigrants ( Doctors, Engineers & Scientists ) not counting the hardships.
Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.
On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other unsalvageable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.
In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.
A COMPLETE REVERSAL OF THEIR EARLIER PLOICY ON THE VERY 1st DAY OF THE WINDOW ANNOUNCED BY THEMSELVES.
If nobody takes an action to support law abiding legal immigrants at this time, everyone talking about supporting the laws of the land on immigration issue needs to look into his / her own eyes in the mirror.
What we demand �. Talk to USCIS & encourage them to ATLEAST accept the applications sent by these innocent Skilled Immigrants so that they do not suffer at least the financial loss. USCIS can take their own time to award the green card at a later date
ARE WE ASKING FOR TOO MUCH ???????????????????
I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!
Just please let me know. WSJ news article & Congresswoman's letter adds a lot of muscle in your argument when you meet them
Some can use following letter to email / fax.............................
......
.......
Hi ,
This is not a regular mail.. I on behalf of many others need the support of honest media persons like you, else our faith in American media will be gone for good....
pl. read on...
Illegal action by USCIS causes $ 300 million loss in a single day to Legal & Skilled Immigrants ( Doctors, Engineers & Scientists ) not counting the hardships.
Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.
On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other unsalvageable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.
In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.
A COMPLETE REVERSAL OF THEIR EARLIER PLOICY ON THE VERY 1st DAY OF THE WINDOW ANNOUNCED BY THEMSELVES.
If nobody takes an action to support law abiding legal immigrants at this time, everyone talking about supporting the laws of the land on immigration issue needs to look into his / her own eyes in the mirror.
What we demand �. Talk to USCIS & encourage them to ATLEAST accept the applications sent by these innocent Skilled Immigrants so that they do not suffer at least the financial loss. USCIS can take their own time to award the green card at a later date
ARE WE ASKING FOR TOO MUCH ???????????????????
more...
she81
04-30 02:14 PM
At the end of July. I'm not aware of National processing centers. Are there still labor applications stuck there?
hair Ice tea should be used within
ramus
09-09 01:06 PM
Thanks....
Contributed $300 for rally. Go IV!
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
Contributed $300 for rally. Go IV!
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
more...
villamonte6100
04-02 01:25 PM
Can somebody explain me why this disco guy and this Villamonte guy are even on this forum ??? We are sitting here for 9-10 years telling our folks in our home countries, I'll come in may, no probably july, no in july my papers goes for renewals,, may be Dec. no in Dec. tickets are too expensive and in March I have my project live date, may be next may oh no by then I'll have to send my papers for renewal.... well you know what, forget about me, you stay happy where you are and I live happily here....
And these people are telling us USCIS is doing what they should be doing...
Because this is an open forum or it is called a forum and I'm a member like you.
Mirage, we have our own frustrations with USCIS and I'm with you, but if you really think that you can get the information you wanted from USCIS, go ahead. Nobody is stopping you.
Come on.
And these people are telling us USCIS is doing what they should be doing...
Because this is an open forum or it is called a forum and I'm a member like you.
Mirage, we have our own frustrations with USCIS and I'm with you, but if you really think that you can get the information you wanted from USCIS, go ahead. Nobody is stopping you.
Come on.
hot 0 lipton ice tea
sandy_anand
06-16 12:58 PM
If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
Champak, I'm in the same boat as yours. Called the Atlanta number and left a message with my case number. My attorney sent an email this week. I have also asked my employer to do the same. Maybe I'll take your advice and send them an email too.
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
Champak, I'm in the same boat as yours. Called the Atlanta number and left a message with my case number. My attorney sent an email this week. I have also asked my employer to do the same. Maybe I'll take your advice and send them an email too.
more...
house Lipton Ice Tea 330ml in
baburob2
03-16 03:21 PM
Compromise reached on guest-worker plan
Senate panel's deal includes legalization proposal
http://www.ocregister.com/ocregister/homepage/abox/article_1053340.php
Senate panel's deal includes legalization proposal
http://www.ocregister.com/ocregister/homepage/abox/article_1053340.php
tattoo teas to make the iced tea.
bigboy007
06-03 01:40 AM
I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:
================================================== =
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.
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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.
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.
================================================== =
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.
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(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 :
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"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."
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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.
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...
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santb1975
05-31 09:04 AM
Yes we have to
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vin13
03-12 12:55 PM
So you want the people who are working on the initiatives to to go through and read and respond to every individual?
wow!
You are not getting my point. It is the other way around. I want to know who is leading the effort so i can contact them and respond or contribute.
wow!
You are not getting my point. It is the other way around. I want to know who is leading the effort so i can contact them and respond or contribute.
more...
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yoda
09-13 03:00 PM
Sent this to Boston Globe and the largest TV Channel of NH (WMUR Channel 9)
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h1techSlave
04-12 03:41 PM
Sole Proprietorship: Simplest form; but riskiest. Is you individually doing business under either your name or a trade name. Very little paperwork is required. Taxes are reported on your personal return. Profits are loss comes out of your own pocket.
You will face unlimited personal liability and creditors can often go after personal assets. You may be ineligible for tax-free fringe benefits that are available to more formal businesses.
Partnership: General partnership � Creditors can collect from all partners� assets as well from business assets.
Limited partnership � partners who do not directly participate in the business can limit their risk.
Corporation: For large businesses. Creditors cannot collect from the personal assets of owners (share holders). Complex legal paperwork is needed.
Taxed on income before profits are distributed.
S corporation � pass thru taxation like they are partnerships. Limits on non-citizen share holders.
C corporation � pay tax at both corporate and shareholder level.
Limited liability company (LLC): A partnership in the eyes of IRS � profits are taxed only once in the member�s personal returns. It shields members� personal assets from business creditors.
When forming an LLC, you are required to file a limited liability company certificate with the Secretary of State and an internal organization agreement (Operating Agreement).
Limited liability company - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Limited_liability_company)
You will face unlimited personal liability and creditors can often go after personal assets. You may be ineligible for tax-free fringe benefits that are available to more formal businesses.
Partnership: General partnership � Creditors can collect from all partners� assets as well from business assets.
Limited partnership � partners who do not directly participate in the business can limit their risk.
Corporation: For large businesses. Creditors cannot collect from the personal assets of owners (share holders). Complex legal paperwork is needed.
Taxed on income before profits are distributed.
S corporation � pass thru taxation like they are partnerships. Limits on non-citizen share holders.
C corporation � pay tax at both corporate and shareholder level.
Limited liability company (LLC): A partnership in the eyes of IRS � profits are taxed only once in the member�s personal returns. It shields members� personal assets from business creditors.
When forming an LLC, you are required to file a limited liability company certificate with the Secretary of State and an internal organization agreement (Operating Agreement).
Limited liability company - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Limited_liability_company)
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vparam
09-17 08:59 PM
we are planning to start an LLC as a group of three here......one of them being in india.i was wondering about the tax issues for a member of an LLC if he is based in India.Can he get an tax identification number.thank you.
Yes you can have international partners in LLC but they also need to pay tax, Unless it is a single member LLC , when you get taxed as individual otherwise you get taxed as a corporations. I think it is better to ask an accountant on how to include the international partner
Yes you can have international partners in LLC but they also need to pay tax, Unless it is a single member LLC , when you get taxed as individual otherwise you get taxed as a corporations. I think it is better to ask an accountant on how to include the international partner
mohanty99
07-18 10:56 PM
This seems very unfair to people who had earlier PDs (2004 & 2005) and who have waited so many years to file. Now, people with PDs in 2007 will jump ahead of them in the queue just because of this fiasco, juts because they filed earlier. :confused:
SkilledWorker4GC
07-15 10:20 AM
I could keep track of that.
I am Glad to see some momentum pick up again. How much have we raised so far?
I am Glad to see some momentum pick up again. How much have we raised so far?
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