indyanguy
09-25 08:15 PM
This is an excellent thread. It's something I've been looking for for a long time. I am still not clear about using AC21. Here's my situation.
July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.
1. Inc a business in my spouse's name.
2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)
If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?
Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?
If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?
July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.
1. Inc a business in my spouse's name.
2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)
If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?
Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?
If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?
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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.
superbabu
09-10 09:58 PM
how short are we from 30k?.
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Green.Tech
06-17 09:27 AM
...to reach $20k.
Contribute folks!
Contribute folks!
more...
9years
11-30 02:05 PM
Just noticed there is an update on LUD on my previous EAD (not the current one). Not sure what that means though. Still waiting for response after sending interfiling letter.
Thank you for the update. I don't have any updates or LUDs. Best of luck to you.
Thank you for the update. I don't have any updates or LUDs. Best of luck to you.
Nadiya
07-18 04:25 PM
Just made my first $100 contribution! Thanks so much for the effort in the last two weeks! IV rocks!
more...
xyzgc
02-08 11:02 PM
Wow, there you go! How come it becomes 'stupid' when a girl spends husband's money to support her parents?
Did I even say this? What are you saying? Go see a shrink :D
Read first what I said.
Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this. Marriage is about sharing and even a child will tell you that. If the in-laws are any sensible they won't accept gifts from the son-in-law but its for them to decide.And stop receiving any gifts from either sides.
Did I even say this? What are you saying? Go see a shrink :D
Read first what I said.
Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this. Marriage is about sharing and even a child will tell you that. If the in-laws are any sensible they won't accept gifts from the son-in-law but its for them to decide.And stop receiving any gifts from either sides.
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cjagtap
08-10 09:51 PM
any TSC receipts??????? mine was TSC -2 nd July..
more...
Edison99
09-01 08:54 PM
Since Jan 2000
Let us see who is waiting for most time in USA.
5 years and counting.
If you can tell your history of Green card and any tip on applying early would appreciate.
Let us see who is waiting for most time in USA.
5 years and counting.
If you can tell your history of Green card and any tip on applying early would appreciate.
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kshitijnt
04-30 03:59 PM
Aytes basically gave a message, if you legislate we will slow it down through administration.
He doesnt want to be bothered.
He doesnt want to be bothered.
more...
shukla77
06-11 04:59 PM
Now people are going to use this site to sell mangos, T shirt, skirts, coconuts.... etc ..:D Thats the only thing we needed other than usual bickering..
Anybody wants Indian mangoes?
Anybody wants Indian mangoes?
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diptam
08-10 02:27 PM
Everyone is saying that "Wait-Wait , have patience , forget Check-cashing till you realize that you've sunk in deep waters"
If there are few cases which are returned for false reasons ( see other thread) after Aug 17th probably those few will be forgotten till PD becomes Current again - 6-7 yrs - Huh ? :)
My app was received at the NSC on June 28th at 9:02am. I havent receviced receipts or checks cashed. If for some reason my app is denied or there is a request for evidence after the 17th of Aug are we able to resubmit or will it be too late?
If there are few cases which are returned for false reasons ( see other thread) after Aug 17th probably those few will be forgotten till PD becomes Current again - 6-7 yrs - Huh ? :)
My app was received at the NSC on June 28th at 9:02am. I havent receviced receipts or checks cashed. If for some reason my app is denied or there is a request for evidence after the 17th of Aug are we able to resubmit or will it be too late?
more...
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eb3_nepa
03-09 12:22 PM
Guys a little confused.
How does removing the cap from Schedule A, benefit the rest of us?
How does removing the cap from Schedule A, benefit the rest of us?
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eagerr2i
11-06 12:21 AM
Dear Jimi,
I am here in Los Angeles County in the city of Pasadena. It would be really nice if we could organize the So Cal Chapter and coordinate our " meet the lawmakers type meetings in the LA/San Diego area.
Thanks for taking the lead on this one. I will ask others that I know in LA to join this capter as well.
Thanks.
AS
I am here in Los Angeles County in the city of Pasadena. It would be really nice if we could organize the So Cal Chapter and coordinate our " meet the lawmakers type meetings in the LA/San Diego area.
Thanks for taking the lead on this one. I will ask others that I know in LA to join this capter as well.
Thanks.
AS
more...
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India_USA
09-27 08:45 AM
The number of years spent waiting does add to the frustration, but the feeling of being stuck is something we share irrespective of the years... brotherhood/sisterhood!
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desi485
11-08 05:02 PM
Chandu,
Thank you for taking time writing the blog. People like you make this website so much helpful and valuable.
I found one very detailed thread on Ron Gotcher's website. He mentioned that cancellation or revocation of I-140 doesn't automatically revokes EAD.
this is quite interesting and a big relief if true.
Click to read yourself (http://immigration-information.com/forums/showpost.php?p=18946&postcount=28)
I would suggest to read this thread completely to anyone who is AOS candidate. Even if you are not thinking of changing your job, during current economy, anyone should be prepared to use AC21 if needed.
"An EAD remains valid until it expires or is explicitly revoked. Since most AOS denials flow from I-140 problems, an EAD card is not going to get revoked immediately. If nothing else, they have to wait until the interval for an I-140 appeal has lapsed - even if you don't appeal."
Thank you for taking time writing the blog. People like you make this website so much helpful and valuable.
I found one very detailed thread on Ron Gotcher's website. He mentioned that cancellation or revocation of I-140 doesn't automatically revokes EAD.
this is quite interesting and a big relief if true.
Click to read yourself (http://immigration-information.com/forums/showpost.php?p=18946&postcount=28)
I would suggest to read this thread completely to anyone who is AOS candidate. Even if you are not thinking of changing your job, during current economy, anyone should be prepared to use AC21 if needed.
"An EAD remains valid until it expires or is explicitly revoked. Since most AOS denials flow from I-140 problems, an EAD card is not going to get revoked immediately. If nothing else, they have to wait until the interval for an I-140 appeal has lapsed - even if you don't appeal."
more...
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hopefullegalimmigrant
12-27 09:14 AM
Looks like in majority end july through August are pending the receipt of AP not to say some of the guys have still got it but they are from various service centers. Very inconstent. This is a document that has no accountability to be completed by X amount of time but we have all paid fees for it. Come vacation time and no AP, we will have to make the trip without the document. Its not that one decides to go to vacation every month. This is a losing deal for us. How do we address this delay? Infopass does not help I was told unless you decide to lie wholesale.
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test101
07-05 03:54 PM
Please put more details as you call.
Regarding Cantwell:
The represintitve said they recieved couple of calls. I explained my view and how as an RN i'm effected by this. The office said that sentor Cantwell has not issue a statement. I spoke of USCIS, financail and emotional loss. I did say that hunder of thousands are effected and according to WSJ million of dollars has been lost.
The representitve seems intrested. She transferred me to Olia black voice mail that seems to be taking care of this issue and i left a message for with my contact information.
More people need to call and get thier stories through. After all Cantwell was supportive of skilled workers. So far senators office are responding with interest to personal stories and the effect of the USCIS VB.
is that good enough :D... any other detail needed?
Regarding Cantwell:
The represintitve said they recieved couple of calls. I explained my view and how as an RN i'm effected by this. The office said that sentor Cantwell has not issue a statement. I spoke of USCIS, financail and emotional loss. I did say that hunder of thousands are effected and according to WSJ million of dollars has been lost.
The representitve seems intrested. She transferred me to Olia black voice mail that seems to be taking care of this issue and i left a message for with my contact information.
More people need to call and get thier stories through. After all Cantwell was supportive of skilled workers. So far senators office are responding with interest to personal stories and the effect of the USCIS VB.
is that good enough :D... any other detail needed?
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raydhan
03-08 10:13 AM
Here's the link for the live hearing of the Judiciary Committee
http://www.capitolhearings.org/
Click on room Dirksen 226 and let everyone know what you hear. Not all have access to internet from work
Enjoy!
This is the right link. It is very clear today. Interesting discussion.
http://www.capitolhearings.org/
Click on room Dirksen 226 and let everyone know what you hear. Not all have access to internet from work
Enjoy!
This is the right link. It is very clear today. Interesting discussion.
amitjoey
05-07 01:29 PM
I do not believe we have a efax campaign right now. Faxes and letters do not seem to get the attention like phone calls and personal visits do.
skynet2500
12-10 04:06 PM
When am I going to get my gift card? I predicted it right. :)
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