Friday, June 24, 2011

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  • eb3_nepa
    07-05 11:01 AM
    We need to have sticky & web fax on this issue

    NO NO NO NO NO!!!

    NO more of the webfax nonsense. We EACH need to take the time and effort and write a personalized letter and fax it to the right person.

    No more templatized crap. If you want something done, DO IT YOURSELF and take the time for it!!




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  • eb3_nepa
    07-15 12:00 AM
    ABout $700 or so in the day. Not a bad start.

    We need to keep the pressure and the momentum going guys. Keep the high fives coming :)




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  • YesGC_NoGC
    04-17 10:26 AM
    Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.

    There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:


    I have refinanced with Wells Fargo without any issues. If you need more details, please PM me.




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  • Libra
    09-11 09:21 PM
    thank you BigMouth and hope you can make it to rally.



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  • desi485
    11-25 07:21 PM
    Sir,
    Thank you for your response. Is it normal to see an LUD on the 140 (approved) as well, when the G-28N is sent in?

    Thanks,

    Sharing what I read on IV - some members reported their 140 status reverted to 'pending' along with a recent LUD when their ex-employer revoked already approved 140. In your case, status is not changed. Keep an eye on status. Hopefully, CIS will not do another wrongful denial, crossing my fingers. Best Luck bro!




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  • jayleno
    10-20 01:55 PM
    or we can make it bumpy for now.
    Can we make this thread like a sticky on home page?



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  • abhisam
    07-26 12:00 AM
    hey drona... where are the details of woodlands hotel? is it posted on some other page?




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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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  • svr_76
    08-18 11:03 AM
    If they start processing/approve I-140, they will immi get bombarded with I485/EAD/AP applications. So they are trying to artifically stem down the workload they might get. Also this gives them a chance to clearup the 485 queue ... :-)




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  • tampa2006
    07-18 09:14 PM
    I have contributed my bit by signing in for $50 montly contribution. I hope that we will make IV a grassroot movement.



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  • mpadapa
    06-24 02:35 PM
    RNGC, excellent thread, looks like pessimistic folks have taking this thread for a ride.

    America stands to loose in many ways. Here is why..

    A study by Kauffman Foundation shows that "an average 13.25-year lag between a key founder’s arrival in the United States and firm formation" - source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
    Loosing well trained individuals due to frustration with the immigration system or due to expired visa duration is equivalent to outsourcing. impact of outsourcing to the US economy is very well debated these days.

    Another Kauffman report shows Immigrants were involved in 25% of the US patents approved in 2006 - Source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366#PaperDownload
    This leads to reverse-brain drain phenomena who's effects to the economy are well documented.

    Here is couple of NFAP study about

    The impact of immigrant Entrepreneurs and professionals on the US competitiveness:
    http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf

    Driving Jobs and innovation offshore:
    http://www.nfap.com/pdf/071206study.pdf

    Stalling the career path through GC backlogs will impede the creativity of the individuals and hence dampen their entrepreneurial spirit. It also kills the innovative spirits in the individuals.

    Those who feel that "grass is greener on the other side" will jump to the other side irrespective of their GC backlog issues, their criteria is different. But there are many who believes that the American system cultivates innovation and entrepreneurial skills, for them the GC backlog is a drag on their growth.

    EB1/2/3 is not a delimiter to innovation, innovation happens at all levels. All EB1's aren't PhD's, there are quite a few PhD's in EB2 and similarly there are quite a few MS folks in EB3 too. By saying US just wants EB1 is utter disrespect to fellow professionals who are not on EB1.

    People,
    I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.

    1. What is America losing because of our prolonged wait for Green Cards?

    2. How people who have green cards are contributing to the country as a whole ?

    3. What if the whole green card process takes less than 3 years ?

    Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....

    I am looking for thoughts and experience other than the above things.




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  • gc_maine2
    07-19 02:06 PM
    Contributed $100 today, earlier contribution $50.

    Order Details - Jul 19, 2007 2:28 PM EDT
    Google Order #464374160968946



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  • champu
    03-06 04:55 PM
    I don't have any LUDs on mine even though I opened an SR and requested infopass appointment for my delayed EAD

    What's your Service Center for EAD?




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  • vin13
    03-04 04:45 PM
    Both my wife and I got RFEs in October for medical test and now the status shows "Case Resumed".

    How do you find out if your case is Pre-Adjudicated?



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  • ilwaiting
    04-25 11:51 AM
    I'm not saying a person on H1B necessarily should be allowed to apply for 485. All that I'm saying is the day when a person starts working on H, the PD becomes his/her's. Lets take an example.

    1). A person start working on H1B from Apr'1998
    2). In apr'2004 Employer "n" applies for Labor to permemently employ the alien. In that case the PD for the alien becomes ar'2004 correct?
    3). instead I want th PD to be Apr'1998.

    This gives the person the flexibility to move on to better prospects as a H1B, but at the same time preserves the PD. Ofcource the LC process needs to be restarted again each time he moves. Also one might choose to not file any LC because he does not plan to become a PR. Thats fine because nothing is lost.


    What i meant was, although H1 it is a dual intent visa, you dont necessarily show your intention until you apply for your green card process. There are cities that follow different tax structures when you apply for labor or not. Technically, that when you are showing your intention of immigrating. So why throw a blanket on entry date on H1, when some of them dont have the intention of immigrating to US permanently. This will only increase the demand of the GCs.




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  • skv
    06-18 12:56 PM
    This is for PERM.

    "Message for people stuck at Atlanta PERM" is the headline for this forum.



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  • chanduv23
    09-12 02:20 PM
    I agree with the posts to a certain extent but the last time we sent mass letters only 5000 letters were collected. A couple of people were responsible for collecting 500-1000 letters each. You can caculate the percentage of letter writers of the who actually sent out the letters.

    We talk about num usa etal.. bear in mind they have lots of resources and volunteers willing to call and write letters. We keep fighting about EB3 Vs EB2, red dots and green dots and other 'important' issues, very few actually make the calls. The ones who work, keep working while others demand answers as to why issues are not fixed, the rest of us just like discussing issues to death on the forums... just my 2 (pick your denomination).

    Volunteers - printed thousands of letters - went to train stations, temples, public places, spent money, time, effort, stamped , enveloped - did everything they could to make the campaign a success but still there were only 5000 letters which in fact showed some results.




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  • webm
    03-17 07:44 PM
    H1's are eligible to receive the stimulus package..I got confirmed the same from different people and analysts...




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  • Pineapple
    07-06 12:57 AM
    Excellent... the ball starts rolling.. Nobody knows where it will end up, but we are in for a ride.
    Fasten your belts, and always keep your hands inside the carriage.




    softwareguy
    07-06 05:54 PM
    And how does it not apply to AOS.
    For Consular processing people have to plan trips and get medical and all that.

    Why doesnt the same analogy apply to AOS. - Please explain...:confused:




    gc_chahiye
    07-24 12:15 PM
    From what I understand many 485 applications(not all)received in accordance to the June bulletin MAY have been preassigned a visa number(from the leftover 60,000 visas) NOT an approval.


    source of this information?

    Although they are not supposed to pre assign numbers without name checks etc, is'nt it obvious that they might have done that??. They have a lot of cases to approve until Sept 30(from that 60,000 number)

    no its not obvious. They have a big backlog of 485s still, and that 60,000 visa numbers can be used up without them having to assign some of those numbers to June 07 filers. See the ombudsmans report for details. If anything, they'll keep some of those visa numbers for people who have been in namecheck long enough, and are expected to get out soon.

    there are too many people in teh system already!



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