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.
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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xyzgc
02-09 09:49 PM
My stand is based on the premise that a man is financially responsible for his wife and his kids and not to wife's parents! The point I was making is about a completely non working spouse. It is not about a wife that leaves workforce for medical reason temporarily.
Let us not confuse the responsibility towards a man's wife and kids with that of in-laws!
Using the same token, a man shouldn't expect/demand any property/cash from in-laws!
I'm perfectly OK with humanitarian and need based help. What crosses the line, according to me, is that 'taking for granted' attitude!
If the brother in OP's story is taking care of his parents, then this situation wouldn't have occurred. Look at it other way. If the man's parents are in need of money, it is better to ask the man instead of their son-in-law!
A man taking a stand and be done with it has a better chance of saving a marriage than a man caving to the demand and building resentment. Hey, if a man is willing to please his in-laws in all possible ways, then who are we to stop him! Let him enjoy!!
I think, gcisadawg, the problem is the structure of the indian society. This is true with westerners too but as much true.
An Indian/asian guy has to earn because he is perceived to be a bread winner. Unless he is properly settled he is not eligible for marriage.
On the other hand, if a girl is not career-oriented she can still get good husbands depending on her personality and so on.
And such girls invariably forfeit the right to send money to their parents. In such cases, one should not expect girl's parents to give her a share in their property. Its all clean.
You have Indian house wives (many of them) but you have fewer house husbands. Even if your wife works, it is supplementary income and not the main.
This is a complex equation and husbands and wives must understand the social structure we live in and adjust with each other.
Let us not confuse the responsibility towards a man's wife and kids with that of in-laws!
Using the same token, a man shouldn't expect/demand any property/cash from in-laws!
I'm perfectly OK with humanitarian and need based help. What crosses the line, according to me, is that 'taking for granted' attitude!
If the brother in OP's story is taking care of his parents, then this situation wouldn't have occurred. Look at it other way. If the man's parents are in need of money, it is better to ask the man instead of their son-in-law!
A man taking a stand and be done with it has a better chance of saving a marriage than a man caving to the demand and building resentment. Hey, if a man is willing to please his in-laws in all possible ways, then who are we to stop him! Let him enjoy!!
I think, gcisadawg, the problem is the structure of the indian society. This is true with westerners too but as much true.
An Indian/asian guy has to earn because he is perceived to be a bread winner. Unless he is properly settled he is not eligible for marriage.
On the other hand, if a girl is not career-oriented she can still get good husbands depending on her personality and so on.
And such girls invariably forfeit the right to send money to their parents. In such cases, one should not expect girl's parents to give her a share in their property. Its all clean.
You have Indian house wives (many of them) but you have fewer house husbands. Even if your wife works, it is supplementary income and not the main.
This is a complex equation and husbands and wives must understand the social structure we live in and adjust with each other.
ragz4u
03-08 10:28 AM
This is the right link. It is very clear today. Interesting discussion.
Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame
Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame
2011 Claudia Lynx without Makeup!
AllVNeedGcPc
01-30 10:01 AM
Hello VayuMahesh: Congratulations on getting greened.
My EB2 140 got approved more than 10 days ago, with old EB3 priority date on the approval letter (and my old A number), but still no LUD on my existing 485s.
Do I need to do anything to get it moving? How do I put a Service Request on 485? The online system to put an eRequest only lets you do it for N400 or I90.
Thanks in advance.
Lot of weird things. Still waiting for 485 approval even after sending interfiling request in mid-November. My attorney has sent an email reminder again 2 weeks back. Even for the I-140 which was approved in November 1st week, online status still says "Initial Review".
Opened a Service Request early this week and received a reply with the status as follows.
Thank you for contacting us about this case. According to our systems this petition was approved and it has been sent to production. Your case will be processed in order based on the approval date. If you do not receive the document within 30 days feel free to contact us again.
Online/Phone status is still processing .... I have to just wait and see I guess.
My EB2 140 got approved more than 10 days ago, with old EB3 priority date on the approval letter (and my old A number), but still no LUD on my existing 485s.
Do I need to do anything to get it moving? How do I put a Service Request on 485? The online system to put an eRequest only lets you do it for N400 or I90.
Thanks in advance.
Lot of weird things. Still waiting for 485 approval even after sending interfiling request in mid-November. My attorney has sent an email reminder again 2 weeks back. Even for the I-140 which was approved in November 1st week, online status still says "Initial Review".
Opened a Service Request early this week and received a reply with the status as follows.
Thank you for contacting us about this case. According to our systems this petition was approved and it has been sent to production. Your case will be processed in order based on the approval date. If you do not receive the document within 30 days feel free to contact us again.
Online/Phone status is still processing .... I have to just wait and see I guess.
more...
bidhanc
03-11 10:51 AM
I guess it's not a VERY GOOD IDEA THEN.
In all the docs that I went thru I could not see a difference between
"I-140 approved/I-485 pending and porting" and "I-140/I-485 pending and porting" (most docs refer to the latter).
I am guessing when it comes to "porting", both are the same in the eyes of USCIS??
(What I mean to ask is there any leniency with an approved I-140 and then trying to port?)
Anyone see otherwise?
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
as per this document, you can port to yourself. (Question #8)
But below are the reasons why I am backing off of opening an LLC on spouse name and porting to that.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=8231099851
also google 'UntanglingSkein_BIB_15jan07.pdf"
http://www.morganlewis.com/pubs/UntanglingSkein_BIB_15jan07.pdf
"This suggests, fairly clearly, that any communication to the USCIS per the Cronin Memo that the adjustment applicant intends to become self-employed is likely to trigger an RFE to inquire into the legitimacy of this arrangement. Legitimacy in this context is likely to be gauged by the concrete steps the beneficiary has taken in furtherance of the self-employment arrangement, understanding that only full-time and permanent employment will suffice for immigration purposes. Such steps would include the completion of legal and corporate formalities, the securing of financing, the purchase or lease of business premises and equipment,the development of a detailed business plan, the hiring of employees, and any other measures typically taken in the establishment of a business. Vague aspirational statements, however ambitious, about future plans to develop a business are unlikely, in the absence of tangible proof, to be accepted as probative of the requisite legitimacy of the self-employer and job offer."
Also, one relevant footnote in the document -
"At the AILA National Conference in 2003, a USCIS officer indicated that an attempt to invoke �106(c) in a selfemployment context is likely to raise �a big red flag� for an adjudicator, and that self-employment may be viewed as �an easy alternative� for aliens who are unable to find employment to sustain their adjustment-of-status applications. Schorr & Yale-Loehr, supra note 2, at 499. It should also be noted that the Memos view the possibility of an adjustment applicant becoming a public charge (and thus being inadmissible under INA �212(a)(4)) as being �a relevant inquiry� and that an RFE requesting information about a self-employment arrangement is likely to probe whether or not the applicant has sufficient financial resources to avoid becoming such a public charge."
In all the docs that I went thru I could not see a difference between
"I-140 approved/I-485 pending and porting" and "I-140/I-485 pending and porting" (most docs refer to the latter).
I am guessing when it comes to "porting", both are the same in the eyes of USCIS??
(What I mean to ask is there any leniency with an approved I-140 and then trying to port?)
Anyone see otherwise?
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
as per this document, you can port to yourself. (Question #8)
But below are the reasons why I am backing off of opening an LLC on spouse name and porting to that.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=8231099851
also google 'UntanglingSkein_BIB_15jan07.pdf"
http://www.morganlewis.com/pubs/UntanglingSkein_BIB_15jan07.pdf
"This suggests, fairly clearly, that any communication to the USCIS per the Cronin Memo that the adjustment applicant intends to become self-employed is likely to trigger an RFE to inquire into the legitimacy of this arrangement. Legitimacy in this context is likely to be gauged by the concrete steps the beneficiary has taken in furtherance of the self-employment arrangement, understanding that only full-time and permanent employment will suffice for immigration purposes. Such steps would include the completion of legal and corporate formalities, the securing of financing, the purchase or lease of business premises and equipment,the development of a detailed business plan, the hiring of employees, and any other measures typically taken in the establishment of a business. Vague aspirational statements, however ambitious, about future plans to develop a business are unlikely, in the absence of tangible proof, to be accepted as probative of the requisite legitimacy of the self-employer and job offer."
Also, one relevant footnote in the document -
"At the AILA National Conference in 2003, a USCIS officer indicated that an attempt to invoke �106(c) in a selfemployment context is likely to raise �a big red flag� for an adjudicator, and that self-employment may be viewed as �an easy alternative� for aliens who are unable to find employment to sustain their adjustment-of-status applications. Schorr & Yale-Loehr, supra note 2, at 499. It should also be noted that the Memos view the possibility of an adjustment applicant becoming a public charge (and thus being inadmissible under INA �212(a)(4)) as being �a relevant inquiry� and that an RFE requesting information about a self-employment arrangement is likely to probe whether or not the applicant has sufficient financial resources to avoid becoming such a public charge."
amitjoey
07-18 04:58 PM
Contributed $100 today and more to come.
If I can't volunteer my time, the least that I can do is contribute $.
Thanks a lot.
If I can't volunteer my time, the least that I can do is contribute $.
Thanks a lot.
more...
indyanguy
08-13 04:46 PM
The other thing i'm trying is your Option 2 - If that succeeds ( before our Indian Brother files lawsuit to stop Porting) I should be good. But that's a dream because my EB3-I 140 is stuck at Nebraska - once that comes out of that hell , i should be going on full steam. It wont be difficult to find a Job with my skillset who will sponsor me a new PERM and new EB2 140 and port my Lousy Eb3 140 Priority Date.
I am exactly in the same situation. Sometimes I feel that I should just dump the EB3 application (PD: 12/04) and start a brand new EB2. Maybe the EB2 PD of say 12/08 will end up to be better than EB3 12/04.
I am exactly in the same situation. Sometimes I feel that I should just dump the EB3 application (PD: 12/04) and start a brand new EB2. Maybe the EB2 PD of say 12/08 will end up to be better than EB3 12/04.
2010 claudia lynx without makeup.
mirage
03-31 04:17 PM
I think we are getting into an unnecessary discussion. My objective of this thread was to point out to our members that when we are discussing about immigration issues in the media we should also expose the mismanagement of the USCIS. They should not get away just by saying we were not prepared for this....
more...
santb1975
05-31 02:43 PM
That is awesome
$50 recurring sent to IV yesterday.
.................................................. ...
$320 + $50 recurring
Proud to be an IVian. GO IV GO..
$50 recurring sent to IV yesterday.
.................................................. ...
$320 + $50 recurring
Proud to be an IVian. GO IV GO..
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shadowboxer
09-27 09:16 PM
You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.
Don't talk like a lawyer to her. For all intents and purposes, wait time starts when somebody sets foot in this country with the intention of becoming a permanent resident someday.
Don't talk like a lawyer to her. For all intents and purposes, wait time starts when somebody sets foot in this country with the intention of becoming a permanent resident someday.
more...
.jpg "Claudia Lynx - Aishwarya of")
sanjay
02-24 06:34 AM
I had been going though the same phase. More from the last 6 months, from when my dates are current and nothing is happening. Its been a long wait, more than 7 years and counting.
Only time I feel less pain is when I compare the pain, to a person or post from my land who are waiting from 2001 and still having hope. When I go to India and see some of my friends who are now project managers, I get to think whether it was worth the waiting or am I living in a black hole.
From last 4 - 5 years, even the salaries are at par. I could have enjoyed life more than here and be with my parents and friends. But, I don't have to blame anyone as it is me who choose to live in pain and now when I am used to it and had fear of loosing it.
But, then I still believe in GOD and know that he would make me sail through it one day.
No pun here but Cheers. Have faith in almighty and one day you will get answers to all your questions.
Only time I feel less pain is when I compare the pain, to a person or post from my land who are waiting from 2001 and still having hope. When I go to India and see some of my friends who are now project managers, I get to think whether it was worth the waiting or am I living in a black hole.
From last 4 - 5 years, even the salaries are at par. I could have enjoyed life more than here and be with my parents and friends. But, I don't have to blame anyone as it is me who choose to live in pain and now when I am used to it and had fear of loosing it.
But, then I still believe in GOD and know that he would make me sail through it one day.
No pun here but Cheers. Have faith in almighty and one day you will get answers to all your questions.
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Edison99
04-30 10:04 PM
Thanks Leo07 for the great link!
It's good beginning though.......
It's good beginning though.......
more...
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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.
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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.
================================================== =====
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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singhsa3
07-20 12:38 PM
Please look at the discussion topic and then post you comments. :mad: :mad:
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)
more...
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lordoftherings
06-20 10:27 AM
I was wondering which center my PERM app will go? Atlanta or Chicago? My co is detroit based. I am just filing now, so if it goes to chicago, there is a chance that I can file my I-140 before 1st October deadline (assuming the new CIR becomes law) .
any clues?
lotr
any clues?
lotr
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Humhongekamyab
06-11 12:40 PM
Guys,
What Mr. Charles Oppenheim is doing is trying to build a Consensus to create a legislative relief.
So, they want us to create an awareness and buyin from decision Makers.
"Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades."
I agree. This was always there and it is only now that the government has acknowledged it. Mr. Oppenheim has given us ammunition to build our case and we must use it wisely.
Maybe we can have a have a "send fax" feature on IV from where we can quote Mr. Oppenheim's statement to send a fax to our senators. Also, it is high time that IV is a paid site even if it is $1 per month or 1 cents a day i.e. $3 per month. As I suggested in the past, new members/ visitors should be allowed to read the forums but to post a question or reply to a question one should be a paid member. I am confident that even with $1/month of 1 cent/day we will do better collections that we are doing now.
What Mr. Charles Oppenheim is doing is trying to build a Consensus to create a legislative relief.
So, they want us to create an awareness and buyin from decision Makers.
"Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades."
I agree. This was always there and it is only now that the government has acknowledged it. Mr. Oppenheim has given us ammunition to build our case and we must use it wisely.
Maybe we can have a have a "send fax" feature on IV from where we can quote Mr. Oppenheim's statement to send a fax to our senators. Also, it is high time that IV is a paid site even if it is $1 per month or 1 cents a day i.e. $3 per month. As I suggested in the past, new members/ visitors should be allowed to read the forums but to post a question or reply to a question one should be a paid member. I am confident that even with $1/month of 1 cent/day we will do better collections that we are doing now.
more...
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crystal
09-11 07:34 PM
My apologies.. may be it is not right time to quote that :D----
Please stop analyzing. This is a decisive moment. Join the DC rally!
Please stop analyzing. This is a decisive moment. Join the DC rally!
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zerozerozeven
07-11 09:25 AM
PD - Jul 07
Any hopes for me in the Sep bulletin? hope they move it by another 14 to 15 months ...USCIS...pls...my wife badly needs an EAD to start working
Any hopes for me in the Sep bulletin? hope they move it by another 14 to 15 months ...USCIS...pls...my wife badly needs an EAD to start working
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sg101
02-15 01:25 PM
sg101 :confused:
Philly BEC Case # P-04322-0xxxx
_______________________________________________
45 Days Letter recieved on 03/22/05 & Replied on 03/25/05
CA SWA PD : 07/25/2002
SF DOL RD : 06/15/2003
Cae type : RIR
Status: Waiting for Labor approval.
Philly BEC Case # P-04322-0xxxx
_______________________________________________
45 Days Letter recieved on 03/22/05 & Replied on 03/25/05
CA SWA PD : 07/25/2002
SF DOL RD : 06/15/2003
Cae type : RIR
Status: Waiting for Labor approval.
guy03062
04-25 08:56 AM
It is absolutely make sense. We should push amendment for PD to be considered as date of arrival in USA (first time) or may be date on which one has started working (if employment based immigration). It is ridiculous to have PD based on labor, as there is no certainity when will employer file the labor or how many times in this dynamic environment!!
Also we should ask if one's I-140 is approved and visa is retrogressed, he should allow portability immediately! I mean no need to start GC process all over again if such person change the job.
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
Also we should ask if one's I-140 is approved and visa is retrogressed, he should allow portability immediately! I mean no need to start GC process all over again if such person change the job.
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
pshah177
09-11 04:05 PM
Can't make it to the rally, but here's my minuscule contribution...
$100
Google Order #652610300768677
Good luck to us all. IV has been a great community so far...
$100
Google Order #652610300768677
Good luck to us all. IV has been a great community so far...
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