Thursday, June 23, 2011

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  • indio0617
    03-09 11:14 AM
    Sen Kyl: Amendment 6296: Talks about Emp auth program. Legal Immigration.....:))




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  • kicca
    12-28 09:37 AM
    filed with nebraska center 8/16/2007; receipt date 8/24/2007.
    i did receive my EAD, but no AP, yet....




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  • diptam
    01-14 12:35 PM
    Within a week of receiving the RFE, USCIS approved my EB3 I-140. It was going beyond limit - 20 months for a process which typically takes 6-8 months !! The last 8 months was most painful - I was been played like a Ping pong ball between NSC,Ombudsman,Congressman Ed Markey's office,My lawyer, My employer and Senator John Kerry's office.

    But the at the end of it i would say - Senator John kerry's office really helped. Nebraska touched my case after receiving letter from them only. Congressman Ed Markey's office tried to help and said positive things but probably they don't have that much influence to shake the "laziest of the lazy" USCIS staffs.

    My company sent the RFE (dated 12/9/08) reply yesterday 1/7/09 and today they received the package. Within 2 hrs my case status changed to "RFE response received and case resumed"

    Lets see how fast USCIS adjudicates now. Just thought of sharing this milestone of my 20 month old I-140 Journey.




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  • GCBy3000
    01-03 04:22 PM
    Good luck.

    I wish you have PD of 2001/2002. I had the same dream when I came here 8 years ago.

    If you are new to US(1-3 years, from the spark in your statements, I feel you are.) with having PD 2003 or later, only the SKIL bill or CIR could rescue you. Othewise, you will be one among 1million in 2011 talking like us.

    Its very interesting reading everyone's stories. To me GC represents freedom. Freedom to work for whom you want to, in a field you want to, not to work for someone you don't want to. To start your own buisness, to do all those things which US is known for. This country encourages entrepreneurs and I would like to be one, one of these days :).



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  • Macaca
    09-12 04:20 PM
    Or do you need us to write to each of them?
    I will send to washington post, new york times, AP and Reuters. I have posted the reporters that I will correspond with.

    These lists are not complete. I am updating the lists.




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  • test101
    07-05 03:19 PM
    I just spoke with an Immigration Representative of my Senator. She knows me as I met her last year with my employer for my other issue.

    She just informed me that we are (Not only we but whole Congress) shocked with un-precedent action of DOS/USCIS for July VB. Senator's Washington DC office is working on this issue including immediate legislative relief to Employment Based immigration. She is well aware of whole drama of July VB. I am going to call Washington DC Office as well.

    I encourage every one call to their Senator and HR and speak with Immigration Representative. I think first time media and lawmakers have acknowledged the problem of Employment Based Immigration.

    Call make much impact than the email/fax

    Can this be in head thread. So peole start organize and call based on this information.



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  • tikka
    07-19 02:45 PM
    Hi Folks,
    I just contributeD $100. I am very glad to be part of IV. Keep up the good work!!
    Regards,


    your first post and you contributed...:)

    thank you for your contribution...




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  • singhsa3
    07-20 04:03 PM
    The numbers are assumptions and NOT facts. Most of these numbers have actually been pulled from other places or based on some rationale (for example 750,000 from Matthew Oh site, 5 minutes/EAD based on what need to be done to print out a card and pack in an envelop)
    Workforce of 30 though is a gross assumption. Bigger the number better it is. So we may actually want to question USCIS if there are any resource constraints.

    Outsourcing is a perfect Idea! What do you have in mind Wipro at Banglore? :D
    What about receipt notices? Isn't that teh first step? I do not believe it will take 20 months to get a receipt notice. Are you sure they have only 30 folks for EAD. Is that a known fact? What if it is 300?

    How about outsourcing it?



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  • malibuguy007
    07-18 08:04 PM
    Made my first contribution of $100. Joined 10 odd days back and it helped immensely to have the community support going through the roller coaster!! Thanks to everyone for their efforts.

    Did not want to say this before I contributed, but I still believe that the forum should not be only for paying members. By having certain parts of the forum open to public we can convert lot more people like me as opposed to asking for money right from the get go.




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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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  • gaz
    09-12 12:01 PM
    how about sending balloons with a message on it?

    the balloon would represent our dreams and each passing day of inaction on the part of uscis lets the air out of them

    inflated balloons would be visible also when the delivery arrives




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  • willwin
    06-11 12:33 PM
    How would I-140 approvals impact the availability of visa numbers and isnt spill over already happening,ie, removal of country caps, as we have seen last year,last quarter as well in July VB?

    More I140 approvals (of those who have already filed their 485) means more 485 eligible to be adjudicated. Longer the queue and more efficient the USCIS is - slower the PD movement.



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  • singhsa3
    07-20 12:52 PM
    Not trying to be pessimitic her but any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight.
    There are dependancies. I-485 information needs to be entered in the system and A # on I-140 need to be crosschecked. If one is not available already then it needs to be generated. In any case, 5 minutes per EAD is still a conservative figure.
    All these add to the time.
    Also, due to H-1B pile (65 K +20 K+15K= 100K cases pending), this may not take priorty and resources may be diverted.

    I think USCIS will hire contractors to take care of this shit like DOL does. EAD and AP is the most easy to process. Very less dependencies.




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  • mirage
    08-04 03:38 PM
    I'm not getting what's your point. All I am telling this guy and others that I need some statistics and why it is important to me. People who like my point will write them and people who will not like my point but still have the problem will modify the letter accordingly and people who should not care since they are not affected should just ignore this thread and move....

    Did you go over points raised by internet in this post
    http://immigrationvoice.org/forum/showpost.php?p=271211&postcount=12



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  • pani_6
    01-03 02:54 PM
    I am going back in a few years!..this in Bhoga Bhumi(Land of material pleasures)...my land Bharath is Punya Bhommi(Land of Good Karma).I am heading home no matter what!




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  • yibornindia
    11-25 01:51 PM
    The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.

    I agree with Chandu, we should try to get this from CIS. Just don't know how:(

    I am on EAD with an employer who doesn't understand or willing to work with any immigration issues. If my 485 will get denied in error, I will surely loose the Job, as leave without pay is also not an option for me. I wonder if I loose my job this way, will CIS consider this after an MTR or will again reject my 485 stating 'no job' as a reason?



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  • meetdebasish
    11-30 01:21 PM
    Hey guys,

    My name is Debasish and I live in Santa Monica near UCLA. I think we all should get together and do something to mobilize our chapter here in So-Cal area. We all know that there are a lot of people who are on H1B and have applied for their GC. But they are waiting....

    For myself, I have applied for my GC and still waiting for the I-140. Don't know what they are doing in the TSC???

    So the idea should be to get them invloved...Somebody has rightly put it that we do not have a collective voice and that's why we are ignored...

    Hope you guys understand...

    I think we should start collecting database of people who have applied for their GC and waiting.

    If you have any input on this, I will gladly hear it...

    Send me an email at meetdebasish@gmail.com on this topic. I am ready to take the lead and move forward.

    ~Deb




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  • jonty_11
    07-06 10:30 AM
    From Oh law Firm - sorry if repeated - its the same news as this thread...Oh spin on it.
    ================================================== =====
    07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance

    * New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:

    "To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said."

    * The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
    * We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge.




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  • desi485
    03-17 07:26 PM
    Which part says that you are not eligible? Please elaborate.

    both husband-wife should have SSN.

    what about july filers. Most have received SSN for H4 by now.

    those who already filed using ITIN might be at loss.




    pmpforgc
    03-07 10:44 AM
    This post is not entirely true.. I have never seen an college(recognized by AICTE) where u will pass only by paying fees.
    There are issues in india , but i have seen many people going back , and settling without any problems. The choice to move is more personal , then what could be discussed here ..

    I was in India recently for a 2 months vacation, and some work from our Indian office,. First few days were tough , lot of dust , traffic , pollution, But after 2 weeks i was loving it the old way .. and when i was flying back i realized I love Delhi .

    If you own a house in the major cities ( ie lot of jobs and business opportunities) then going back makes sense. But if you belong to a small city , and have to move to a bigger city anyway, then living here makes more sense.

    The reality (which is bad) is that if you have money in india , your life style is much better than what u have in US (dont forget , even earning 100K, doesn't really make u rich here , Honda and Toyota are poor people's car in US.. I have seen very few EB applicants driving a BMV,Bentley)

    When i was in India, i went to best hotels for food (2000Rs buffets) virtually every week.,just went to NY once for a 200$ buffet, in 6 years.

    So everyone has to take a personal decision, based on personal factors..

    I would agree with most of what you said that it is personal issue and personal choice. if you feel here homesick then better to go home at the earliest.

    I toally dis-agree with you in terms of education issue. I am in education field since I was born (as a student and as faculty both in India and US) so I had seen closely both sides of the coins. Our education system in India is detoriating day by day with no quality control on private institutions and no nation wide approach for QUALITY of education. We have made education available to every one (mostly !!) but during that process we have made it to go in to the tank. With few good institutions among the thousands of colleges and universities does not make it good quality. Percentage of below standard education institution are increasing day by day. Each time I go back home and see how the education is detoriating, I feel deeply sorry about state of education in India. Opening college in every village and giving degree to every one who wants does not make good education. In old days we were giving those degrees to only one those deserve it and can earn it. That is why our old mass of graduates was highly acclaimed all over world. Now a days our average scientist and engineers ( I am not talking about all high quality one from population of billion !!) is very poor.

    Also just to Add here same AICTE who approves technical colleges in India, Its DIRECTOR in CHIEF was under govt investigation of messive corruption in the approval process of the institutions.

    So dont feel so good about CURRENT and FUTURE education system in India, unless we try to improove the QUALITY issue of our technical graduates at put it AHEAD of QUANTITY OF GRADUATES




    Kodi
    06-29 02:53 PM
    My labor was filed May 8th so its only 6 months before my H1 expire.



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