Saturday, June 18, 2011

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  • GreenCard4US
    08-13 07:10 PM
    Mr. Ron Gotcher believes that it means "Mexico F2A and [Mexico] employment third preference cut off dates.� Had they meant Worldwide, they would have said so explicitly".
    Relax guys.:)




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  • diptam
    08-11 03:05 PM
    Hey,
    Looks like my employer will fill up the 7001 form but how about the main letter. Does that needs to be signed and addressed by employer as well ?

    Because the Link for 7001 doesn't talk about sending a separate cover letter.

    http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

    Thanks,
    Diptam

    Wondering how many members who answered in the poll that they are victims of slow processing actually got to participate and join in this campaign. People who mailed out letters & DHS Form 7001, please post so that we can motivate others to join this campaign.




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  • permfiling
    12-11 03:07 PM
    There could be lots of folks who missed July 07 fiasco. For the people who were able to file during July 07 that EAD is working as good as green card for now.. wish we could. Here is my case if that makes you feel little better that there are lots of people who missed the boat, I Had approved labor with PD Mar 06 and I-140 and i changed my Job in Mar 07 because of issues with desi company. I never imagined that dates will become current in just three months.. :mad:

    Now i am still waiting for my labor.. I recently got three years H1b extension. This extension seems like green card to me :o

    IVAR,
    I am in the same boat as well. I have my PERM pending and it is forever now with the PERM delays.




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  • Chiwere
    06-10 11:32 AM
    Drunk while Intoxicated :D



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  • desi485
    11-19 03:29 PM
    desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???

    is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.

    AFAIK, it is a legal term.




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  • GCwaitforever
    05-02 10:10 AM
    Not everybody on this forum earns 144,000 a year. What world are you living in my friend? Do you not get out that often?

    Absulutely agree. Also $144,000 in some areas translate to $90,000 in some other areas depending on cost of living, taxation etc... Not all spouses work. So for them, every bit of Government stimulus is needed.



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  • manderson
    03-11 11:12 AM
    Napoleon, thanks for those great finds. I always suspected Self-Porting is possible but with too many caveats.

    Please see IV user unitednation's experience while skirting around self-employment / AC21 issues and dealing with "financial viability/ tax returns" type interview questions. He finally succeeded in getting his GC, which still gives me reason to believe that it's possible to be independent after EAD (if you can navigate the loopholes):

    http://immigrationvoice.org/forum/showpost.php?p=142698&postcount=212

    Sorry if this is a repeat post/link.




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  • psaxena
    06-11 03:29 PM
    hey gc_on_demand,
    dun get him out of his day dream dude, he already lost all his investments in stocks and now you are asking he $25... come on if he wakes up he will be back in depression... and then where will I get the masala on IV for timepass. My server is really slow.. when its processing I need something to kill time.;)

    and u don't have 25 USD for IV ???



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  • Guest007
    06-29 02:43 PM
    I'm really hoping they'll catch up and we won't have to wait 4 months. My 6th year H1 is expiring this December and I need to get the I-140 approved so I can get H1 extension.
    You dont need a approved 140 for filing H1 extension for 7th year.. Only advantage with approved 140 is you will get 3 yr extension instead of 1.
    All you need for H1 extension for 7th year is that a labor cert be filed at starting of 6th year.




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  • susie
    07-15 11:30 AM
    1 of 2 posts



    Default No Protection for Nonimmigrant Children Because of the Age-Out Problem
    No Protection for Nonimmigrant Children Because of the Age-Out Problem

    The Impact US Immigration Laws on Children

    The impact of US immigration laws on children generally is profound. This is due to the fact these laws are complex and are written substantially with adults in mind. Overall the immigrant laws try to balance various and sometimes competing aims including (but in no particular order):

    * Improving the economy by providing access to skilled foreign workers and investors;
    * Ensuring family unification, for citizens, permanent residents and nonimmigrant residents;
    * Promoting diversity, such as through the lottery program; and
    * Maintaining the security of the nation, through border controls, immigration checks etc.

    This article focuses primarily on the issue of family reunification and looks at one specific area in which the US immigration system is failing; the rights of children. One of the intriguing aspects of US laws is the concept of age outs. This separates two categories of children; those under the age of 21 and those who have attained the age of 21.

    For example, in relation to immigrant petitions where a family member is being sponsored, the petition may also apply to the spouse and children of the family member being sponsored, but only where the children are under 21 years of age. Unfortunately, immigrant visa processing can take many years depending on the category of sponsorship and, while the petition is pending, many children age out (turn 21 and are removed from the pending petition). This results in situations where siblings are split because the younger ones can immigrate by the time the petition is processed (because they are still under 21), but the older siblings cannot (because they turned 21 while the immigrant petition was pending). The Child Status Protection Act of 2002 aims to address this issue, but does not deal with all circumstances and is not always appropriately implemented causing many families to split.

    Another example, and which this article focuses on, relates to nonimmigrant visa holders. Many nonimmigrant visa categories enable the foreign national (�alien�) visa holder to bring their family with them, including their spouse and children (who are under 21). A child could come to the USA, including when they are babies, be brought up in the USA but when they reach 21, unless they have another right to remain in the country, they are forced to go to their country of citizenship or any other country willing to invite them. However, they would have to leave their home and their family in the USA.

    Children as Derivative Nonimmigrant Visa Holders with no Direct Path to Permanent Residency

    US immigration laws enable many aliens to come to the USA for various purposes. This includes, but is not limited to:

    * Investing in the USA, either directly through an E2 visa or through an expansion of a non-US business into the USA through an L1 visa (which enables intercompany transferees);
    * Employment opportunities, so US employers could petition an alien on a nonimmigrant basis (for example H-1B (specialty occupations), H-1B1 (Chile/Singapore Free Trade Agreement) and H-1C (nurses)) or multinational businesses with US operations could transfer an alien to its operations in the USA through an L1 visa;
    * Aliens with extraordinary ability or achievement through an O1 visa and other workers to assist in the performance of O1 workers through an O2 visa; and
    * Religious workers through an R-1 visa.

    The above examples are (non-exhaustive) examples of visas on which aliens enter and reside in the USA for a long-term basis. Such nonimmigrant visa holders may also bring their spouse and/or children with them as nonimmigrant holders. These visas for spouses and children are known as �derivative� visas and are valid for as long as the �principal� visa is valid. For example, if an H-1B employee loses their job without getting a new job, not only do they lose their visa status but so do the derivative visa holders.

    At first glance this seems to be a reasonable state of affairs. However, there is a unique, but not uncommon, problem that results from �aging out,� i.e. where children who were under 21 come to the USA but lose their derivative visa status on their 21st birthday. They must leave the USA, in effect their home, unless they have another basis to stay home. They will also be split from their Parents and younger siblings who will be subject to same problem when they turn 21, unless of course they were born in the USA in which case they are US citizens (this right does not apply to the children of any person in the USA in the capacity of a foreign diplomat).

    Jack, Mary and Sundeep

    Consider this. Two children, Jack and Sundeep, come to the USA from the UK as children, because their respective parents are nonimmigrant visa holders. They have no choice in the matter because separation from their families is clearly not an option.

    Jack lives in Detroit, Michigan and lived there ever since he arrived in the USA as a derivative visa holder during his kindergarten years. Sundeep lives in Long Island, New York and arrived in the USA as a derivative visa holder when he was 13. Jack and Sundeep both went to high school in their local areas. Jack went to a State funded school and Sundeep went to a privately-funded school. Both Jack and Sundeep have fully established their lives in the USA.

    Jack remembers only his US life since he came at such a young age. He embraces his new life, develops friendships and fully integrates into US society by being schooled under the US system. He has an American accent since he was five. Culturally, he is American in every way. He loves his Pizza, hangs out with his school friends, and loves watching films and playing sports. He does very in school. He maintains a 4.0 GPA, is captain of the football team has been elected class President. He aspires to go to university. He wants in particular to go to the University of Michigan and play for the Michigan Wolverines. He is smart enough and good enough to do both.

    Sundeep came to the USA much later. He has clear memories of his life in the UK. At first he found it very difficult to adjust to the new system. He had no friends and had to work hard to build friends. He loves soccer and was a West Ham supporter in the UK. He continues to be so. However, people aren�t into soccer in his school. However, by the time he turns 15, Sundeep has made a lot of effort to change. He is fully comfortable with the school system, has grown to understand and love basketball and football, and has made many friends. He is an above average student academically, but does not really have any aspirations to go to university.

    Jack sees himself as American in every way. Sundeep also sees himself as an American but realizes and appreciates he has some differences giving him a unique US-UK-Indian cultural identity. Both fully support America in every way including singing the national anthem whenever the opportunity arises such as in school.

    Jack also has younger sister, Mary. She was born in the USA and so has a constitutional (14th Amendment) based right to US citizenship. However both siblings have very different rights. When Jack turns 18 he can�t vote, but Mary can vote when she turns 18. Jack can�t join the military, but Mary can. It�s very strange how two people brought up in the same environment can be subject to very different treatment.

    Limited Solutions to Aging Out

    Adjustment to Permanent Residency Status

    The age out problem can be partly circumvented in various but specific ways. However, this means children who have been in the USA for long periods before turning 21 can be subject to very different treatment, simply based on the type of visa their Parent(s) entered the USA on and the type of visa they currently hold.

    For example L1 visa holders and employee visa holders may adjust their status to permanent residency. Their employer may later sponsor them for a new employment-based immigrant visa and once this is processed an employee may adjust, with his or her spouse and children (under 21) to permanent resident status.

    Most E-2 visa holders do not have a basis to convert to permanent residency. One rare exception may be where the business expands to an investment value of $500,000 in low employment areas or $1million in all other areas and has 10 permanent employees comprised of US citizens and/or permanent residents. In these circumstances the E-2 visa holder may convert to permanent residency on the basis of an EB-5 application. How many businesses in the USA owned by foreign national meet these criteria? Very few! Another rare exception may be where an E-2 visa holder is a single parent and marries a US citizen so that they may apply for an immigrant visa with the children as derivatives. They have to wait for the visa to be processed by the USCIS, but once approved there is no further wait required with the National Visa Center.

    However, the permanent residency solution is exceptional. They do not help the children whose parents remain in nonimmigrant status. Further, even where a Parent does become a permanent resident, it does not help children who already reached 21 before an immigrant petition is approved.



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  • lg72
    07-24 10:18 PM
    fairboy and friends,

    Could you please tell me how to check an ad on the AJE website? Can I check the ad for my case using my case number? My case is stuck in DBEC.

    Thanks for your help.




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  • maximus777
    06-11 10:25 AM
    In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.

    USCIS is a different beast altogether - it defies all logic!



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  • hebbar77
    09-11 10:40 PM
    when do we all send it? should we wait for oct 2nd?
    Also is it a crime to send such letters in bulk to a govt agency?(kinda spamm?)




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  • satyasaich
    03-08 09:50 AM
    I'm listening now and discussion is interesting


    One needs Realplayer to listen to the hearings. But even then I only get a high pitched sound.



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  • 9years
    10-29 11:13 AM
    NO LUD on I-485 yet.

    Thanks.




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  • return_to_india
    02-24 11:06 PM
    I don't know if anyone of you has ever gotten on a rush hour train in mumbai. But before leaving for the US, a wise man told me that going to the US is like getting on a train in Mumbai, it's a struggle to get in. You'll have to push, shove, maybe stand on the footboard for a while. But once you get in, hold on tight until you get to your station.....

    Phew.. I have traveled all three lines(searching for jobs/attending interviews - Early 90s it was not that bright for tech jobs). Still some people standing and reading news papers in that crowd.



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  • add78
    05-22 04:03 PM
    You are right, Ramesh, sadly people have time to check for Bill updates and get their spirits down with amendment removal news but no time to get more friends to join or contribute. Please wake up people and contribute, and persuade your friends / colleagues at work you know to join IV. I got a weird response (chat) from a close friend saying she would rather donate to Myanmar/ China victim that her own Immigration cause, but I haven't given up, I will try to persuade such friends even though that raised my B.P. Please, people who seek advice and answers, consider contributing first. Bump.




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  • kalinga_sena
    09-01 11:10 AM
    Landed here on jan 1st, 1998 (F1)
    Survived 2 recessions
    No hope as labour filled in eb3




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  • ronhira
    08-13 09:26 AM
    "08/12/2010: Wow, That Is Fast. H.R. 6080 Presented to President Today, and President to Sign 08/13/2010, Friday

    * As soon as the Senate passed the bill, the Congress quickly cleared for White House and has already been presented to the President. Since it passed during the special session, everything had to be cleared out of the Congress quickly, I guess. USCIS must be busy to get ready for processing and collecting increased fees from these employers soon. The new filing fees will be a huge amount, especially when they decide to file a premium processing request. Can you imagine how much these employers will lose for a single case if the case is filed on premium and denied!! Ouch!
    * The new fees will take effect tomorrow since the President is scheduled to sign it into law at 11:00 a.m. EST, tomorrow. "

    - The OH Law

    wondering if its time to leave....

    agree..... these new filing fees is a huge amount.... it would have been so good to let immigration lawyers make all this money..... better off.... senate should have passed a bill that immigration lawyers r doing public service & their fee should be increased by $2000....




    go_guy123
    09-01 10:44 AM
    Landed on H1b in 1998, still stuck in the muck

    EB3- I is finished pretty much. It is illogical now to expect GC even. Need to accept reality and look at other options in life.




    logiclife
    04-26 04:48 PM
    Actually, its called form I-907.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

    Read more on USCIS.gov about I-907.



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