champak3
06-16 10:42 AM
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)
====================
First there was celebration by Atlanta center people and BEC people when visa fiasco happened. They rejoiced that since they cannot file I485, others should not be able to do so too as if this is some divine justice. When this was not sick enough, threads started blaming IV not caring for its members. (BTW this thread is started by a member who is anonymous and has been a known heckler and has posted offensive messages about IV in the past). Then there are emails being sent.
If you think spamming DOL and others with anonymous emails will help, you are wrong. I am seeing lots of emails from people with sender names like 'big_cat' , 'aabbccddeeffgg' etc etc talking about this 'huge injustice' and saying that Atlanta problem affecting 'millions of people' and that this is 'not what forefathers of America dreamt of'. Not even a single person wrote such emails with their name, address and phone number and a case number for someone to act on it. I hope highly skilled and intelligent people of this community use their intelligence when they write such emails. If you are so scared that you cannot even go and meet anyone, so scared that you cannot even write your name, address and phone number in your mail , do you think anyone will take you seriously? The emails core got from its members are also mostly anonymous and some went to the extent of telling core to only focus on Atlanta Perm because this is the 'real' issue.
If IV core was to take such anonymity approach in our advocacy efforts, IV would have been just a spammer organization and nothing else.
If you like to dwell in the shadows then just support IV and let us do our advocacy efforts. Or join an organization for illegals instead of Immigrationvoice. With our efforts and success 'everyone' will benefit. Have patience and faith.
- Pappu
====================
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)
====================
First there was celebration by Atlanta center people and BEC people when visa fiasco happened. They rejoiced that since they cannot file I485, others should not be able to do so too as if this is some divine justice. When this was not sick enough, threads started blaming IV not caring for its members. (BTW this thread is started by a member who is anonymous and has been a known heckler and has posted offensive messages about IV in the past). Then there are emails being sent.
If you think spamming DOL and others with anonymous emails will help, you are wrong. I am seeing lots of emails from people with sender names like 'big_cat' , 'aabbccddeeffgg' etc etc talking about this 'huge injustice' and saying that Atlanta problem affecting 'millions of people' and that this is 'not what forefathers of America dreamt of'. Not even a single person wrote such emails with their name, address and phone number and a case number for someone to act on it. I hope highly skilled and intelligent people of this community use their intelligence when they write such emails. If you are so scared that you cannot even go and meet anyone, so scared that you cannot even write your name, address and phone number in your mail , do you think anyone will take you seriously? The emails core got from its members are also mostly anonymous and some went to the extent of telling core to only focus on Atlanta Perm because this is the 'real' issue.
If IV core was to take such anonymity approach in our advocacy efforts, IV would have been just a spammer organization and nothing else.
If you like to dwell in the shadows then just support IV and let us do our advocacy efforts. Or join an organization for illegals instead of Immigrationvoice. With our efforts and success 'everyone' will benefit. Have patience and faith.
- Pappu
====================
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WeldonSprings
05-02 01:52 PM
One interesting thing from the anti-immigrant community represented by Steve King in this testimony was when he asked the Visa Division Chief, that -How many immigrants have we admitted to the United States between 1992-2006 who were refugees and asylees, that were not counted in the annual numerical limit? So, he basically wants to overwrite the Visa Recapture bill, by saying that since we admitted 'refugees and asylees' which were outside the limit, then there is no need to recapture unused visas, since those unused numbers have already been offset by refugees and asylees.
1. Another reply was If we use All permitted unsed visa, Where would we be in terms of EB visa. His response was Probably china/India Second category will be clear.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
1. Another reply was If we use All permitted unsed visa, Where would we be in terms of EB visa. His response was Probably china/India Second category will be clear.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
Suva
07-16 09:48 AM
$5 sent and scheduled for every month thereafter. PNC confirmation number is 7YGYZ-R1Z0S. This would be processed on July 18.
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GCBy3000
01-03 04:22 PM
Good luck.
I wish you have PD of 2001/2002. I had the same dream when I came here 8 years ago.
If you are new to US(1-3 years, from the spark in your statements, I feel you are.) with having PD 2003 or later, only the SKIL bill or CIR could rescue you. Othewise, you will be one among 1million in 2011 talking like us.
Its very interesting reading everyone's stories. To me GC represents freedom. Freedom to work for whom you want to, in a field you want to, not to work for someone you don't want to. To start your own buisness, to do all those things which US is known for. This country encourages entrepreneurs and I would like to be one, one of these days :).
I wish you have PD of 2001/2002. I had the same dream when I came here 8 years ago.
If you are new to US(1-3 years, from the spark in your statements, I feel you are.) with having PD 2003 or later, only the SKIL bill or CIR could rescue you. Othewise, you will be one among 1million in 2011 talking like us.
Its very interesting reading everyone's stories. To me GC represents freedom. Freedom to work for whom you want to, in a field you want to, not to work for someone you don't want to. To start your own buisness, to do all those things which US is known for. This country encourages entrepreneurs and I would like to be one, one of these days :).
more...
transpass
02-23 01:05 PM
people,
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
But they can approve only based on available visa numbers...:confused:
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
But they can approve only based on available visa numbers...:confused:
new2gc
07-15 05:43 PM
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gc28262
07-06 09:14 AM
I think it is time we threw away the concept that democracy is the best.
Look at Obama the socialist and anti-immigrant law makers in this country who are playing to the gallery. Are they doing any good for this country ?
I always prefer an open self nominated leader to a democratically elected leader.
OP should work with IV core/even get involved in a serious conversation with core team to promote his ideas. I am sure core is open to suggestions and entertain discussions from well meaning members.
Look at Obama the socialist and anti-immigrant law makers in this country who are playing to the gallery. Are they doing any good for this country ?
I always prefer an open self nominated leader to a democratically elected leader.
OP should work with IV core/even get involved in a serious conversation with core team to promote his ideas. I am sure core is open to suggestions and entertain discussions from well meaning members.
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billu
09-13 08:22 AM
i had heard a lot of ppl everywhere talk abt "new numbers will be available from oct.".....due to fiscal year starting.....now that oct visa bulletin is out and there are no EB3 numbers for india as "current"....did they mean november visa bulletin which will release mid october?......or is bridge amendment the only hope for us Schedule A professionals now?
more...
pappu
03-12 01:48 PM
I fully support this donor forum. there should be some incentive for members who donate. they are not doing it because they have lots of money to spare, but they sacrifice because they believe in this cause. I don't think $25 is going to break anyone's bank. Just sacrifice something that you consume/enjoy every week, and donate that.
It's a pity that even with about 25K members, we cannot raise a minimal amount. People need to realize they cannot simply enjoy the benefits of someone else's labor.
Yes. I agree. We had to do this because we saw that even after running a drive for FOIA that helps every member we could not reach the goal yet. This data will be sought by all of us but if we are not ready to support the effort, it will be tough to invest in it. The subscriptions will help us continue IV initiatives with more zeal and we will know that a lot of members support us.
It's a pity that even with about 25K members, we cannot raise a minimal amount. People need to realize they cannot simply enjoy the benefits of someone else's labor.
Yes. I agree. We had to do this because we saw that even after running a drive for FOIA that helps every member we could not reach the goal yet. This data will be sought by all of us but if we are not ready to support the effort, it will be tough to invest in it. The subscriptions will help us continue IV initiatives with more zeal and we will know that a lot of members support us.
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Green.Tech
06-17 09:27 AM
...to reach $20k.
Contribute folks!
Contribute folks!
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Libra
09-14 01:00 PM
thank you gconmymind and Bhanu for the contributions. Hope to see you guys in DC.
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CADude
11-21 10:05 PM
If you are beyond 6 years and I-485 denied then applicant is doomed weather you are in H1 or EAD. Only route is MTR. My attorney confirmed it.
She suggest unless MTR get open. You should not even work to avoid the issues.
So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)
Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.
Not really h1b is a different track all together. If 485 is denied and the denial is final - person is still free to work till h1b expires thats why lawyers say h1b is safer
She suggest unless MTR get open. You should not even work to avoid the issues.
So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)
Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.
Not really h1b is a different track all together. If 485 is denied and the denial is final - person is still free to work till h1b expires thats why lawyers say h1b is safer
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engineer
06-03 01:57 AM
IV Core,
What is IV's position on ammendents for people who have filed PERM only and have not filed I-140 yet.
There shall be an ammendement which allows these people to keep using old system(EB) to get their green card.
It is totally un-fair to null and void their application and get them into new point based systems and force them to face long delays.
Please let us know.
thanks,
engineer
What is IV's position on ammendents for people who have filed PERM only and have not filed I-140 yet.
There shall be an ammendement which allows these people to keep using old system(EB) to get their green card.
It is totally un-fair to null and void their application and get them into new point based systems and force them to face long delays.
Please let us know.
thanks,
engineer
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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.
================================================== ======
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.
================================================== ====
(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.
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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AK_GC
03-04 01:51 PM
I got a RFE for I-693 (Medical Exam) on Jan 27 and we responded in Feb. Our case is being processed in NSC. My husband is the primary applicant. It does seem like something is cooking there...
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addsf345
11-24 03:36 PM
Here is the link to USCIS AC21 memo from 5/30/2008:
http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf
it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf
it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
more...
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eb3_nepa
07-05 02:28 PM
Called up Sen Casey's office and I was told that in the local office they cant do much about a mass enquiry but he volunteered to do it on a personal basis for my case in particular.
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lonedesi
08-07 09:21 AM
Please leave a comment on this thread, after you have mailed the letter & Form. It will motivate others to do the same. If you really want some justice, stand up and get counted by participating in this campaign. Else, Julu-Aug 07 filers, will keep waiting and will have to go through frustrating and agonizing wait for an uncertain period.
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leoindiano
02-23 03:47 PM
Check for LUD;s on your already approved I-140, that may mean something, i gather from some GC holder's experience...
Green.Tech
06-20 12:36 PM
Any Happy Friday contributors?:)
rpchalasani
06-04 11:09 AM
I Contributed $ 100.00 Now.
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Thanks,
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