Thursday, June 23, 2011

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  • lonedesi
    08-06 12:45 PM
    Please leave a comment on this thread after you have mailed the Form & letter. We need to get an idea regarding how many people actually took the time to send out the letters. Your post will motivate people who are just watching to join us in this campaign.




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  • hibworker
    12-10 06:57 PM
    I was single at that july 07 fiasco, now repenting.wife cannot work. no tunnel, no light.

    What are you repenting? That you were not married in July 07 ... well that's not your 'sin' or is it?




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  • SFSweta
    07-11 01:03 PM
    I can't believe this is how it feels to be sooo close to achieving your dream - regardless of how hard we've had to fight.....

    Congratulations to each and everyone of you in EB2-India and China that have been pushing and clawing your way (just like I have) to get your greencards. While my PD is a month away - I am so glad for you. Get ready to go on a loooooong break (mentally, emotionally, and physically if possible as well).

    I have been saving up every penny of my disposable income (after the shopping and eating out and everything else!) to go do the things I've wanted:

    Climb Mt. Kilimanjaro
    Spend 3 months with my family in India and Dubai
    Go back to Culinary School
    Go to Bordeaux and learn about wine
    Become an amazing photographer (just like one of the members on this forum...)

    The list goes on and on....

    But most of all - I can't believe that the moment is here for almost ALL of us to be free of the shackles and really really live our lives. I'm proud to have participated in everything and hopefully we ALL worked to make this huge of a difference and will see this effort through to help all our colleagues stuck in the EB3-India and China mess....




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  • vandanaverdia
    09-09 02:06 PM
    My husband & me are flying from Seattle & will be there at the rally!



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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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  • vparam
    09-17 08:57 PM
    vparam, thanks a lot for sharing the info.

    can you please suggest accountant, if its ok with you, residing any place is fine as we deal most of it through ph, having tough time to find the right one just to aid in the start up and maintain min. proceedings like tax filing etc. without having any activity/revenue
    I have used the following accountant for years now, The best part is that he is familiar with Immigration issues or gets it validated from an immigration attorney, who sits in the same building.

    Please note I am not soliciting for him but reffering him based on request.

    George Demergis
    Colitsas Thomas & Associates PA
    103 Carnegie Centre Suite 309, Princeton, NJ 08540
    Phone - 609 452 0889
    gdemergis@TCACPA.com



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  • raysaikat
    01-06 04:31 PM
    ...he encountered a couple of a folks from some universities & concludes that those universities are just crappy....

    By the way, since when 100's of students mean a couple of folks? So far I have taught about 100 such students. And I and my colleagues have been observing problems with such students for over last 5 years or more (about 1000 students). These are not anomalies, rather statistically significant observations.

    And, by the way, (almost) all these students join Indian consulting companies after graduation, which means (at least those) consulting companies care nothing about the quality of the employees. Banning H1-B access to such consulting companies will be of desirable, indeed.




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  • cheg
    07-23 04:03 PM
    "my PD were current in 2005.

    One thing is confirmed:
    When PD are "current" they approve cases based on RD.
    My guess is in Oct or Nov 2007 PD would retrogress to jan/may-2004 for EB3 India. So hang in there guys!!..They will approve a lot of cases with older RD by Sept 30. They are hell bent on not wasting any visa numbers henceforth."


    PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.

    If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.



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  • Winner
    05-12 11:30 AM
    Called Senator Ensign and Hatch's office again.

    They both listened to what I had to say and assured that they will pass the message on to the Senators.

    One of the aides sounded surprised when I told her average wait time is at least 10+ years, please call senators in the list.




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  • gcretroiv
    02-10 01:24 PM
    I second that VIVA , you are 100% correct



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  • krishnam70
    07-23 08:36 PM
    Thanks for letting us know about your friends. At least we can see that USCIS is trying to clear 2004 applicants. They will be taking care of 2005 soon then. :D


    Dont mean to dampen your spirits, happy for the poster of this thread. Could have been lucky to get approved while people like me ( Sep 2003) PD waiting 485 filed 3 yrs ago.

    anyway cheers -- go partying




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  • diptam
    07-06 10:37 AM
    Hello DDL/DML,

    Please dont say anything against anyone without understanding the point.
    Who the hell gave you the right to twist my statement and personally attacking me as "anti immigrant" ?? Where i have said that reversal of 20 K GC will help us ??

    My simple point is the whole USCIS process is broken and that needs to be improved and rationalized . Now you/me/an immigrant can't initiate that process. The push has to come from influential CITIZENS who we call Senators , Congress Man/Women, House Representatives and so on so forth.

    For them to take a step they need push from american peoples. You know why CIR has failed - the senator phone lines were jammed , Talk radio was blasting Bush , Kennedy for doing behind the door deals.. that's why...

    Your/my opinion never stalled CIR - its american citizens who stalled it.

    Unless citizens see a good reason to overhaul USCIS process where the push would come from ??

    If these are the ONLY arguments we can use to get media attention then let's not use them at all. This WILL hurt us more then it can help ! I have a question: Are you one of those anti-immigrant people because you sure behave like one !

    If they revert the decisions for 20000 greencards and put the visas back in the pool, how would that help us ALL ???



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  • NolaIndian32
    03-12 01:42 PM
    I fully support a donor-based forum too. I support the concept as put forth by IV Core.

    Reddog, if information if free elsewhere, why are you still here at IV? If you are so unhappy with IV, why don't you find another forum where you CAN be happy?

    It is very easy to contradict or find errors.

    No body is getting paid here to have a tester test it.

    Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.




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  • sfcwtu
    10-05 08:49 AM
    I am pessimistic about it too. It won't attract congress's attention until news breaking out that, patients are dying due to lack of nurses.



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  • rb_248
    06-10 08:13 AM
    Atleast EB2 is not moving back. I hope EB2 moves forward begining this October.

    EB3 guys - Hope it dosen't nove back from where it was last month come October for you all.




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  • nursekm
    10-03 11:47 PM
    Jun - r u from PIC country??

    I do not believe the 800,000 figure for I-485 alone. It could be a misquote from Aytes. The 800,000 is possibly combination of all immigration related applications such as I-140, 485, 131, 765, etc.

    Even during last year when EBs are current, it didn't reach that many applications. I believe Matthew OH is more accurate in saying there's a total of 320,000 I-485 applications.

    With that figure, average 2.5 years waiting is in order. But that should not be distributed equally among all countries due to per country limit. I would guess, for India and China, it would be 3 years wait, and for the rest, 2 years.



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  • jai_immigration
    10-21 06:46 PM
    Folks I sent email to this address as stated "uscis-complaint@dhs.gov", got bounced back saying it as a wrong email. Does nay one know the correct email to send USCIS complaints to?

    "USCIS-COMPLAINT" <uscis-complaint@dhs.gov>
    You have emailed an inactive account.
    If you are inquiring about the status of documentation you have filed with USCIS, or have a complaint relating generally to the nature of the customer service you have been provided by USCIS, please use our National Customer Service phone number 1-800-375-5283 or visit our website at www.uscis.gov.

    If you are a CIS employee and wish to file a complaint regarding credible allegations of criminal misconduct or of very serious misconduct by a USCIS employee, guidance can be found online at htttp://osi.uscis.dhs.gov/. Credible allegations of minor but significant misconduct should be reported directly to the office where you believe they may have occured.




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  • kartikiran
    12-10 04:11 PM
    Good they have seem to have read recently published IV analysis and recommendations and provided a much more detailed bulletin this month for the community.

    agreed. kudos to IV core to push for more detailed explanations without which proposals for fixing this backlog also becomes difficult.




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  • satyasaich
    07-15 01:10 PM
    Here is my pledge.
    If $2000 is reached today, i will send another $50 today.
    (Fyi, i've already sent$50 yesterday)

    Satya

    Thanks SkilledWorker4GC !

    Any one else would like to pledge just 5 $ when we reach 2000 $

    Bestofall
    PD March 2005 India
    485 Applied Jul2 2007




    apahilaj
    04-30 06:54 PM
    So, where is the bill going next? Sorry guys, haven't heard the recording but just going by the thread it seems like this hearing didn't go as expected...

    Is the bill going to die prematurely or is it going any where?




    gcadream
    02-24 08:21 AM
    Is there any vague possibility of dates getting current once again, just like what happened in 2007 so that we can at least file for I485 and then move on to EAD because getting an H1 extn is also a very big pain these days and I'm really going through the misery and pain of it.



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