Saturday, 25 June 2011

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  • NKR
    06-24 11:45 AM
    1. The days of an immigrant waiting to buy a house until he gets his GC have gone. These days H1Bs r buying homes left and right. More than settling, they look at it as a business prospect. I know atleast 5 guys who r still waiting in the wings who've bought homes. Look, u know u r gonna wait until GC and u know u will get ur GC...so why not buy a house? There may be a few who'd be pessimistic about their GC applications and wud think twice b4 making a huge investment and AFAIK, that percentage is very less.


    LOL, there is another thread �buying a house when 485 processing is pending�. Post the above over there and you will see that you would have stirred a hornet�s nest. People will jump on you.

    RNGC,
    Personally I think US is not losing as much as it is gaining by not giving us GC, but I appreciate your efforts. We are the real losers here.





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  • rustum
    07-06 12:37 AM
    Dug it. Digged all the messages. I can only dig once. Can i dig more than one time.





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  • darslee
    07-06 10:45 AM
    Please, please update when you get any news.

    I have a very dicey situation with my son, who is turning 21 in January 2008.

    Good luck for the outcome!





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  • kalinga_sena
    04-30 02:59 PM
    Aytes is talking about transformation program...



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  • ashutrip
    06-18 12:57 PM
    I emailed them not as me but as my employer( point of contact mentioned in the labor petition) and it works they send me a copy of the labor approval to my house along with a copy to my employer and one to my attroney. It really works.
    what is your pd?





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  • felix31
    01-04 02:48 PM
    well,

    I guess I am pretty much in line with others.
    For me, having GC will mean becoming a citizen one day and my visa hasseles will lessen tremendously even with only GC in hand. Right now,its next to impossible to get a 2-3week visitor visa for EU countries and actually the rest of the world..

    Naturally, even being able to file for I485 would help my wife jump start her career, we would be able to commit to buying a house and I would be able to focus on some enterpenuer ideas. Our families would be able to come and spend extended 2-3months. Right now, they can only get 2 weeks and % of denials is frightetingly high....

    Going back home is not an option as unemloyment rate is higher than ever, and I would not be able to support my family if I go back.

    I will be 42 in may and already 7+ yrs in the US with PD Nov 2005...and I am slowly getting old for IT businees but GC process keeps me chained for employer, of course.

    Hopefully, in a year or two things will be sort themselves out - if not we will be moving to Canada.



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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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  • Libra
    09-28 10:03 PM
    hey dont worry abt application, i'll send you GC in mail.

    Long live. Libra! :D When you do it , could you please find out my missing application from the mounds of USCIS documents, and push it through the system? :D

    Regards,
    IK



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  • tinamatthew
    07-22 08:29 PM
    Tina,

    I had started a healthcare thread previously and it got poor response. Eventually we created an iv-physicians chapter to track our issues and work with the core team on the overall goals of ending retrogression.
    There are a number of efforts on to help Schedule A applicants, some of these are parts of more comprehensive efforts like Cornyn's recent amendment.
    I suggest you organize the Schedule A folks into a group. IV is very happy to work with any group that takes responsibility for their own needs.
    See this blogspot we are creating to increase awareness of physician shortages and problems: http://iv-physicians.blogspot.com/
    If you do form a group, try to expand it by bringing members in from outside iv as well- this would also expand iv's membership base.
    I will be happy to help you with anything you need based on our experience with iv-physicians so far.
    All the best!

    Paskal

    Thank you so much for your encouragement. We are hoping more people will join. If there is anything you can share to help improve us, please pm me and I will be very happy to take it on board.

    Schedule A professionals need as much help as possible





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  • kinvin
    02-12 11:48 AM
    Fellow Sufferers,;)

    For NON-RIR applicants, is the backlog center requiring the old advertisement process after the 45 day letter.

    We had received the 45 day letter six months ago and there has been no communication from them since that time. (Seperate application PD May-03)

    (Fellow travellers am I seeing an Oasis or is it a mirage.)

    Thanks.



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  • minimalist
    09-10 12:27 PM
    I don't know if anybody has noticed it but the dates for EB-2 for VB October 2007 was April 1, 2004 and for VB October 2008 is April 1, 2003. That is a retrogression of 1 year - not good. :mad:
    You see in the real world everything moved 1 year ahead from October 2007 to October 2008. So in USCIS world also it moved by 1year.





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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



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  • rajeev_74
    04-25 05:41 PM
    Go back and look at the forum postings. There are much more amenable and practical suggestions made. This PD thing doesn't pass the basic test: was there a precedence or prior history, can it be done and does it lessen the time for one to apply for I-485 and GC. Does it reduce backlog?

    PD as the date of < insert whatever> doesn't pass this basic test.
    I guess we can move on then...Thanks





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  • needhelp!
    09-10 08:08 PM
    20000 more to go!

    Checks and bill pay please send to:

    Immigration Voice

    PO Box 114
    Dayton
    New Jersey -08810

    Telephone: (202) 386-6250

    Please post here when you contribute.
    Its great to see the progress and it encourages others to step up and do the same.

    WE CAN DO IT!!



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  • dodsatya
    07-15 01:14 PM
    Dcu - 7yf3x-hxc81

    Satish





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  • ameryki
    01-20 08:44 PM
    But I don't have 4 weeks. I have to travel on january 29th.
    Another thing is do I need to show on departure do I need to show the AP Approval. If I don't then if I leave US and my friend mail it to my place abroad is that ok as my USCIS online application status check system shows my I-131 approved on January 8 and mailed.


    I am not a lawyer...but I have read in threads here that people have had their friends or family mail them the AP approval prior to coming back and had no problems getting in. I think this will be your best option.



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  • RN_Usa
    07-31 11:42 AM
    http://www.coalitiononhealthcarestaffing.org/





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  • JazzByTheBay
    09-13 07:18 PM
    Just can't work for it without a H1B... :)

    jazz

    yes, I did earlier this week :-)... You can anything GC can do in EAD....





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  • amitjoey
    07-19 11:19 AM
    Do you know Aman spent $64000+ in the past 18 months for IV?

    Please read this thread before you make a decision on your donation. We need to step up and contribute.

    http://immigrationvoice.org/forum/showthread.php?t=10633

    Thanks Aman and the core team for your efforts.

    Can any one know how to edit subscription amount in paypal. I signed up for a $50 recurring contribution last week. After reading above mentioned thread i want to change my subscription amount to $100


    Cancel your $50 recurring and sign up for $100 recurring.





    jbr
    06-11 12:59 PM
    I have a dumb question: when the above post refers to 25,000 EB2 and EB3 applications does it refer to 25,000 primary applicants or total (applicant and dependent) applications. Does anyone know? -- Thanks.





    makemygc
    07-06 12:06 PM
    The Visa Bulletin for July 2007 must be read in conjunction with the Update of July Visa Availability.

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html

    I don't know why they changed it suddenly.

    They have just linked the two things together making it more explicit.



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