Wednesday, June 8, 2011

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  • jasmin45
    08-02 03:49 PM
    Ooops, i missed this in my original post. This is true for Nebraska service centre.
    I am not sure about the other service centre. Sorry dudes.
    This is great first step! Many more to cross over! :) . Think about the USPS or other carrier who will be delivering these tons of letters.. I hope the mountain of receipts will not be a overwhelming factor for them.




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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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  • nareshg
    09-17 01:08 AM
    All the info here is great !!

    Pardon my ingnorance, but if I wanted to start a small time business where I do website development and designing either myself or by a company outside US, do I need to file as an LLC or can I register as a small business. Can someone tell me where I might get details for registering a company (Or is that same as LLC).

    I was thinking I will not get EAD earlier than 6 months and I got it in less than 6 weeks....so now am doing some basic ground work and would appreciate any guidance !!

    Thanks in advance.




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  • ilwaiting
    04-25 12:42 PM
    I'm sure the language should be worked out by USCIS as to whats best and whats not. Perhaps the "continous residency rule in US" need to be enacted. If a person leaves the country for a certain amount of time when on H1B may be > 6 months or 1year would loose his PD.


    But atleast the proposal need to be before the rule makers

    This would technically mean that anyone anywhere in the world now, who has ever been to the US on a H visa, can apply for a GC based on the first touchdown date.

    Interesting!!!



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  • DDLMODES
    07-06 10:27 AM
    Nixstor,
    AILA's publication itself said that checks were not done... Its evident on also. If you refrain from spicing up things its never going to come up in media. Who cares if 500 mm immigrants are backlogged ?

    You are saying that authorities will take retaliatory measures for saying something that really bad happened. Then dont even talk about lawsuit etc... Do you think a lawsuit aginst USCIS/DOS is going to please them very much ???

    Take either Boat1 or Boat2 -- Please do not sail keeping your foot in two boats. I apologize if i sound aggressive but it is what it is. Doing a work
    in weekend of 48 hours (consuming 25000 visas) which takes even more
    than 48 days definitely involves bypassing CRITICAL checks !!

    Truth is a truth - neither you or me or anyone can alter it.

    Thanks!

    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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  • saravanaraj.sathya
    07-20 04:14 PM
    As per this link, there is premium processing for EAD. I think whoever needs immediate can take advantage of this instead of waitinf for months

    http://www.murthy.com/news/n_proexp.html



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  • texcan
    09-12 10:13 PM
    I was hoping to get people to start their monthly contribution, but it seems people are more inclined to make one time contribution. So I have added this to the start of the thread.

    >>For every $100 one time contribution by first time contributors I will match $25.00. <<

    So people with their fingers on the trigger, who don't want to commit long term, here is your chance. Please allow me to help you squeeze the trigger and fire your first shot.

    I already have Struggle and green_world. Just need 2 new first time $100 contributors to make my next $100 contribution.

    Committments in life do make people nervous, but in this case i am surprised
    what else will it take.
    Come on guys, this is best deal of century. Make some contribution.

    Once again, Great going Milind
    Hats off to you friend.




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  • SkilledWorker4GC
    07-16 10:33 AM
    Immigration Voice XXXX $5.00 7YHXK-9789S HIGH FIVE Funding Drive



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  • SGP
    04-22 09:38 AM
    Hi: Does anyone have update on how long is it taking to get PERM approvals now days? I have applied for my 2nd labor under EB3 at end of March 2011.

    Replies are always appreciated. many thanks in advance.

    Hello.... Anyone there?:confused:




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  • ind_game
    05-15 10:09 AM
    There was a campaign on wrongful denial in AC21 , there was also letter campaign not sure what happened after that ? It was IV action item too... What was the conclusion ? should we all suffer even if it is a training issue, if they act such nice on letters , then why they act as if there is no form and if AC21 is for real aliens from a real alien world.

    Trust me your frustration is understandable......

    Guys,

    1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
    2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
    3. Attorneys are making money on these cases

    In the end we the immigrants are the losers.

    Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,

    We need to increase the awareness.

    We do not want to get to a point where we may not utilize AC21 properly.

    thanks



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  • leoindiano
    06-25 12:40 PM
    For every one person returning to their homeland, America is loosing 10 jobs to other countries.

    You can cite some of the international CEO names, who returned from US and made fotune in their native land. Also, how the companies setup by them can take the US jobs.




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  • xyzgc
    02-08 11:40 PM
    I am in the same boat as yours. Let me tell you my story and my ways. I hope you may get some idea but it does not mean you can do the same.

    I am a hard working guy, IIT bombay and came to US on 2002( H1B). Prior to that i have a self start business with employees working in India.

    The company where i am working was giving me a tough time with deadlines and i used to work 110 hours every week. I managed to get 1 month vacation in december and start searching for someone from shaadi.com. I had a list of 10 girls born in india(nurse, GC holders) so i started approaching each that i am going to india to get married The first few rejected me and one accepted and i have to book her tickets to india and do all the marriage expenses. The girls parents did not give a penny not purchased few dress for the girl to come and stay in my house for 3 days. My in laws demanded my parents that i should stay at their house for 7 days so i did. During the stay they pointed errors on me and the same thing happened when i came to US with my wife. I was tensed, started skipping lunch and working hard with couple of coffee. At last i was unable to concentrate on my work and used to get drowsy at work. Meantime when i stayed at her parents house they wanted the daughters to buy a house near to their house and after few years come back to india. Which i told a straight NO. After coming to US my wife send $34.5K to india to buy land as forced by her dad. and after one more year her dad asked for 10 lakhs more. Which she send to her dad. They had purchased a house in her brothers name at this point. From marriage till now, we don't have a common bank account, no same last name (its now 2 years after marriage)., I have no idea about her money nor her bank accounts nor credit cards. She has asked me for divorce 2 times, first time after 1 month and later after 3 months after mariage and last month her dad and her brother are asking for a divorce. Her brother send me one email that my side was asking dowry and second email that i am harrasing her. Her brother have send me a intelligent email that can be used against me for divorce or putting me behind bars.

    What i understand from the issues,
    1. If your in laws are uncultured. Whenever you talk use some bad words. No matter what happens.
    2. If they ask you for divorce, tell that you are ready Lets do it today. download the divorce forms from the website and tell that you would gladly do whatever the court tells you to do. you will opt for joint custody of the baby and she has to pay you child compensation as per the laws of united states. (since you have spend more than 1 year in US so you can take divorce here).
    3. If you have to send money to your parents send it. you are a guy and have to take care of your parents. Marriage does not have a meaning if both sides don't work at it and divorce is very common in US. If not today then tommorrow the day will come.
    4. Be bold. don't make your weakness take control over you. If you think you want to move out to a appartment move out. If you think you want to come home and lock yourself in a room till next day do it.
    5. Learn spouse abuse terms and battery types from the internet. Never do anything that will cross that line. My wife started threatingme about spouse abuse just one month after marriage. I started avoiding her totally. My famous dialogue I don't care.
    6. Explain your wife, You know men are weak and i will do everything that is as per law. If we get into a divorce i will accept it and pay the child support or leave this country. What do you want? Make her feel that she is unsecured.
    7. Be careful in laws can be bitches.

    Bottomline :- If you get scared, you will ruin your life. the society won't respect you because you will soon gain a bad temper. Nor your wife will stay with you if you are a failure.

    Anyway, I am married for 2 years, no kids. Not planning anyway for kids . I pray to god that i don't end up like you. The only positive thing is my wife is a GC holder and earns more than me.

    wow, sounds incredible! I'm glad that you refused certain things point blank and not resorted to anything wishy-washy.



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  • lonedesi
    06-21 12:19 PM
    Don't understand what you mean? I could not locate your other post about C&G. Please guide me to that post.
    Also, why in the world do they have to slow down processing PERM applications? And that too the Atlanta Center? May it is time for them to transfer all the cases from Atlanta center to Chicago center and dedicate the Atlanta center to process other work.
    Just does not make sense at all.

    process, thanks to Cohen & Grisby PERM presentation at the recent AILA conference.

    So, things might slow down for PERMs due to this. Of course it will. See my posts about C & G elsewhere.




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  • dipmay2002
    11-05 02:14 PM
    If my Wife's employer starts GC for her on EB2, can my case be ported / interfile to her's? She is dependent on my GC application. :eek:



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  • GCBy3000
    07-19 04:00 PM
    Yes, you can.Check with your attorney

    I have a question about a unique situation of getting stuck in BEC and applying 485 with a newer PERM case. If LC is stuck in BEC at this time, but the person has a new PERM+140 from a different location and applies 485. Can this person change the priority date of 485 when the old LC from BEC gets approved, and 140 approved, to the BEC PD?




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  • jungalee43
    04-29 06:50 PM
    Senator Scott Brown (R-Massachusetts) - left voice mail

    Senator Judd Gregg (R-New Hampshire) - left voice mail

    Senator Richard Lugar (R-Indiana) -left voice mail

    Senator Michael Enzi (R-Wyoming) - left voice mail

    Senator Lindsey Graham (R-South Carolina) - it was not on my print out. But would call right away.

    Senator John Ensign (R-Nevada) - Spoke with staff. Could not escape noticing her "sigh" when I mentioned CIR. She asked if I was from Nevada. I said no. But still she patientely took my message. She said there was no official statement yet from the senator and would not tell his position.

    Senator Orin Hatch (R-Utah) - engage. Nothing happened.

    Senator John Cornyn (R-Texas) - You must call during office hours. Cannot leave voice mail.

    Senator John Kyl (R-Texas) - left voice mail

    Senator Mitch Mcconnell (R-Kentuky) - engage

    Senator Amy Klobuchar (D-Minnesota) - Voice mail

    Senator Claire McCaskill (D-Missouri) - Mail box full !!!!!!!!!!!!!

    Senator Jon Tester (D-Montana) - left voice mail

    Senator Jim Webb (D-Virginia) - left voice mail

    Senator Sheldon Whitehouse (D-Rhode Island) - left voice mail. Here you hear prompt both in English as well as Spanish before you get the beep of the voice mail.

    In every message I mentioned my name, address and phone numbers. Will call the Sen. Graham and sponsoring dems now. I will make another round of calls during office hours tomorrow.
    And please the Fax link for guests. They should not be able to edit the mesasge. But must enter name and address. I can have at least 100 faxes sent.



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  • Macaca
    09-12 07:35 PM
    Macaca-

    If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!

    "Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
    This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
    So overall, we are talking 10+ years to get permanant residency in a majority of cases.

    "Skilled immigrants have waited patiently for 2+ years"
    Are we just talking about 2 yrs to see if there is going to be some reform?

    If you don't want to get into the trouble of debating how many years, just say that it is unreasonable....
    The best solution is to write the years you spent on F1 and H1B. You can add your additional pains also.

    This will change each email also.




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  • Radhika
    07-23 05:21 PM
    Guys, We just got the magic e-mail.!!
    Card Production ordered
    PD AUG 2004
    RD :FEB 2005
    EB3 INDIA :) :) :)

    thx everyone for your help and suppport!!

    Congratulation!!!!!!!

    Thats really great news.
    My husband pd is SEP 2004

    EB3 India

    Hope we will also get GC in next 2 years




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  • stldude
    07-06 12:55 PM
    What is the recently posted link in AILA. This is a restricted page. Can one of the Admin's try to get the contents of the link " July 2, 2007, State Department Notice to USCIS Regarding EB Visa Availability" from AILA website pls.




    pd_recapturing
    10-17 10:13 AM
    I have got a PM from another IV member whose 485 got denied yesterday because of 140 revocation. He switched the job after 180 days and sent AC21 docs as well. He is willing to share his ordeal with us.

    Are we sending personal exp of the ppl affected along with the letter ? I guess, it makes perfect sense to send some real 485 denial examples.




    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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