Friday, June 24, 2011

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  • a1b2c3
    08-16 08:13 PM
    Thanks for posting the doc. What is the source of this doc?




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  • ashutrip
    06-18 10:37 AM
    Good Morning guys,

    So we all should be fine to file I-485 up until end of September guys, before the retro kicks off ?
    Lawyers sugarcoat things man....I am getting bad vibes...that it will be august!




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  • 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.




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  • franklin
    07-18 03:29 PM
    I just upgraded my monthly contribution too!



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  • soarin3655
    08-05 09:49 AM
    LoneDesi:

    What changes are needed when sending a letter from an EB3-I point of view?
    The processing dates you have mentioned correspond only to EB2.

    Thanks.




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  • BharatPremi
    07-05 05:26 PM
    Boxer , Feinstein senators of CA , I called Lofgren , Gary miller (R) 42nd district of CA and Just spoke with NYtimes reporter on the follow up story ...:)

    I already done that yesterday evening: Today I talked to both offices. Yesterday I just sent web form (E-Mail)... I could not speak to senators personally as both were unavailable but I spoke to their office staff and both have listened me and have guranteed to make sure this reaches to senator's eyes and ears.

    http://cornyn.senate.gov/
    http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=TX



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  • perm2gc
    07-23 03:22 PM
    Hey you are mentioning that you are in EB3 India with a Priority date of AUG 2004. When did you file for the I-485. To my knowledge it was never until this July Fiasco. Can you please explain.
    Concurrent filing was present at that time :D




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  • iambest
    09-11 07:01 PM
    I am in!!



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  • tushbush
    03-05 04:01 PM
    same here my friend.

    ditto




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  • tsnaresh
    07-15 10:32 PM
    Keep up the good work!!! I have just sent a check for $50 online.
    Thanks



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  • ilikekilo
    10-22 09:11 AM
    I understand what you say but interpretation differs from IO to IO. It still goes to chances....

    Hey, tx for the PM, I sent the email, do we need to send a letter too?>




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  • vjkypally
    07-20 01:48 PM
    And same with Chinese, Mexicans and Filipinos



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  • geevikram
    12-11 05:39 PM
    Guys,
    You all want something from IV and will contribute only if that something is being pursued. I would look at it other way, IV has no money on its own, so if you do not contribute there is very little IV can do for you. so first contribute and then let us have a discussion on what needs to be done.

    -V




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  • 9years
    12-02 05:41 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.
    I got an email saying that "On December 2, 2010, we ordered production of your new card" today. Me and my wife both got emails. Our wait (green in our life) for so many years came to a very happy end. My hearty wishes to all the friends who have been waiting in the queue to have best of luck.

    Regards.



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  • mbawa2574
    07-06 01:38 AM
    From last 2 years I have not seen activity other than Aman, Himanshu & Puneet.
    What are other boys doing in the team ? We need election guys. This is not Iran :-)


    Aman Kapoor is the co-founder of Immigration Voice and is our liaison with other groups and agencies. Mr. Kapoor has been working in US for the last eight years. The prolonged employment-based immigration process has continued to hurt Mr. Kapoor�s career growth prospects. Mr. Kapoor possesses strong technical skills and has contributed in many high profile projects with large clients across the country. He has a Bachelors� degree in Engineering and is presently pursuing his MBA. His permanent residency application is being processed and the I-485 approval has been pending for more than 28 months. Mr. Kapoor and his family are now on third year EAD and continue to await approval of their Green Card application. Mr. Kapoor�s handle is WaldenPond and his email is aman@immigrationvoice.org

    Himanshu is an advertising and design professional with Masters from a US university and undergraduate from a top Institute in India. He has an illustrious career working with leading companies has won numerous awards. His Green card application was stuck at the Backlog Elimination Center and after lot of wait, changed his employer, started his process all over again with a new PD. He is responsible for media, publicity and funding efforts of Immigration Voice. His ID on Immigration Voice is 'pappu' and can be reached at himanshu@immigrationvoice.org

    Nagaraj is a Systems Analyst working in the health care industry for the past 5 years on a H-1 Visa. His tag on IV is indio0617. He has degrees in Physics and Computer Information systems from the University of Madras and University of Houston ,respectively. His Green card application is stuck in the Backlog Center with a pending labor certificate since February 2004. He can be contacted at nagaraj@immigrationvoice.org

    Naren has a Masters in Engineering from a US university and works as a Project Manager for a FORTUNE Top 10 Employer Company. Naren has had extensive global experience in business continuation, service delivery, as well as account management with leading Global corporations. Like several others, he is affected by retrogression. Naren is responsible for the Free Immigration Advice Program at IV (Au Gratis) and liaises with immigration attorneys as part of this role. His handle is sertasheep and he can be reached at sertasheep@immigrationvoice.org

    Pratik has an MBA degree from a US university and MSc degree from India . He is currently working as a Marketing Consultant. He has worked with several companies in , Europe and US. His I-140 is in process and he will follow others in the queue to file I-485. The unavailability of Employment Based Visa's restricts him from making any kind of long term commitments. He can be contacted at pratik@immigrationvoice.org

    Puneet is an Endocrinologist practicing in a major urban health care system located in an underserved area. He graduated from the All India Institute of Medical Sciences and has trained at NYU and the Mayo Clinic. He leads the Minnesota chapter of IV and is currently helping build the IV-Physicians chapter. He recently filed a National Interest Waiver, after USCIS finally accepted the eligibility of specialist physicians for the program. The delayed priority date however, means a long wait for a green card. He lives in the twin cities with his wife (who is pursuing a PhD) and their 3 year old daughter.His IV handle is 'Paskal'.

    Rajatish Mukherjee is a Software Developer in one of the world's largest software companies. He came to US in the year 1999. In Mar 2005, his employer started his green card application; his labor certification is still pending at the Dallas Labor Backlog Center . He holds a Bachelors degree in Computer Science & Engineering from and a Masters in Computer Science from US. He is currently looking at another 4-6 years of waiting before he can file his I-485 and probably another 2 years after that to get the green card. In the meantime he cannot make any important decisions like investment commitments. Rajatish's id on Immigration Voice is mrajatish and he can be reached at raj@immigrationvoice.org
    Xiheng is a software engineer helping develop trading platforms in the financial industry. He didn't want to be stuck in a position where he didn't see much career growth, especially hindered by a BEC'ed labor certification, and therefore, he joined a new company that sponsored his PERM application in the EB3 category. After witnessing the great efforts of Immigration Voice in May/June 2006, he decided on two things: 1) petition his employer to refile his PERM in EB2/China category, and 2) help Immigration Voicce out as he can. He hopes to help this organization with the paid membership drive initiative. His handle is xu1.




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  • pointlesswait
    12-11 09:25 AM
    There are so many who missed the July 07...

    we should try to seek temporary relief..allowing to file for 485 even without PD veing current.


    CIR will happen when it has to happen..maybe after the health bill ...but IV not doing anything else while waiting for it is sad....


    I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....



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  • smuggymba
    08-12 12:42 PM
    In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.

    TCS used to do that 10 years ago, Infy never did it to the best of my knowledge.




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  • truthinspector
    01-04 12:43 PM
    I am really appalled at the responses for the facts I posted here on the forum. I apologize to all who are offended by the posts.However I strongly believe that my comments represent facts.Personally I do not believe an individual can "bash" a country. I have certainly erred with my presumption that my opinions/comments would be received with some maturity of thoughts instead of surging patriotic emotions.
    I have expressed thoughts about immigration where some policies of US are severely criticized. At this point I can only urge the community to read/write with a certain openness of mind to have a fair exchange of experiences and opinions.




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  • Pineapple
    01-06 04:58 PM
    The video is obviously edited, so it is hard to put some of the statements into context without access to the entire transcript. (In any case, we cannot see what charts he is referring to)

    Anyway: Regarding the point that it is relatively easy to find skilled people here than in India, I tend to agree. However, the reason is that the most skilled graduates from India (and China) do not stick around for long there, and are actually to be found here! Without checking the raw data it is impossible to comment on Mr Wadhwa's assertion regarding ease of filling positions in US vs India/China. (For instance, does his data on US companies include positions (in US) filled by immigrants or does it include only positions filled by US born citizens?)

    Getting to where he is amazed that R&D is done in India & China, I'm not sure why that is surprising, and indeed, why should it even contradict his assertion that the vast majority of Indian/Chinese graduates are appalling. I'm not commenting on whether that assertion is true or not. I do not know, but, even granting it is true, it is important to remember that a minority of a large population might be as big, or bigger than the majority of a small population. (Remember, you have to exclude all foreign students from US universities and only include US born citizens in the population of American engineers. Why? Because all foreign students would need H1 to work here, just the same as a student in a Indian/Chinese university. To avoid 'double counting' basically) So how do we compare apples to apples? How do we compare "number of good engineers in US" vs "number of good engineers in China/India"? It is very hard to do that via a survey, if not impossible. The best survey is observing the "invisible hand" of the market: If good research is done in India/China, while simultaneously, immigrants from there have a had a huge role to play in Silicon Valley's success, that tells you something, does it not?




    sandy_anand
    09-12 05:32 PM
    I applied on Feb 27th, 2007 at Atlanta (NJ employer). Still waiting...go figure! :mad:




    p1234
    09-13 07:39 PM
    and which is why people are giving me reds! :D

    I'm going to give you a green!



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