Thursday, June 16, 2011

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  • mpoov
    02-27 11:47 PM
    is there any hope for bridge legislation in '08?....or this year will pass by due to the elections?......is there any realistic chance of bridge amenment ever being passed?....i am starting to lose hope now......
    no hope.. everything has made mess!!




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  • susie
    07-15 11:32 AM
    2 0f 2



    Jack, Mary and Sundeep

    Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.

    Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.

    Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).

    He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.

    Education

    Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.

    If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.

    To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:

    1. Has a residence abroad;
    2. Has no immediate intention of abandoning that residence; and
    3. Intends to depart from the USA upon completion of the course of study.

    Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,

    it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]

    However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.

    Jack

    Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.

    Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.

    During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.

    However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.

    The Need for Reform for the Children

    Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!

    Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:

    * He is not allowed to live in his home with his friends and family automatically;
    * The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
    * The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.

    The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.

    Help for the Children of Illegal Migrants: The DREAM Act

    Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.

    Reporting Errors

    This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.




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  • rbms
    04-25 12:41 PM
    How about something like,

    If a person has stayed in US for 10+ (or 7+years) years and has filed taxes(verified thourgh 1040s), he should be given GC. No questions asked(other than the ones the affect security of USA)




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  • vjkypally
    03-17 08:04 PM
    Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
    Guys as it states both you and your spouse need to have an SSN not ITIN.
    So if one has ssn other has ITIN you are not qualified.



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  • jcrajput
    09-11 03:49 PM
    I don't understand how they calculate PD dates?
    Can anyone help me here please?
    Thanks




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  • rahulpaper
    09-13 03:37 PM
    Thanks Pappu

    Pls see the first post on this thread for directions and the URL



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  • meminime
    11-30 02:47 PM
    Thanks for all the info about interfilling guys, very useful .

    I have EB3 Nob/04 with I40 approved and AOS in progress.

    Apllied EB2 10 months ago and got labor (6 months prep + 3 months in filling) + I140 approved (in 2 days)
    with prem processing.

    I'm also in the same boat as others, not clear as to what one has to do for porting/interfilling, I will let the attorney decide if he/she needs to submit a request or it will be automatically linked to the current 485.

    Please keep us updated on your progress which is more helpful than attorneys and SOPs followed by USCIS, thanks.

    SM.




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  • ashutrip
    06-20 01:16 PM
    Yes, maybe we try for pre-approved labor before July end?
    what on earth is that supposed to be?



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  • karan2004m
    01-08 07:22 PM
    Ok then why dont we teach some respect and humility to professor ji to show some respect for his country men as well..

    what a harsh speech that was..seems like some personal anger against india and their colleges...

    And respect and humility are another thing that differentiate us Indians from others!




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  • learning01
    04-25 01:56 PM
    Let's talk about how backlog has affected us or our green card process. Let's discuss, write, post here about how to ask law makers to increase visa numbers for green cards affected by retrogression. Let's ask the USCIS to revert for concurrent filing. Write about these. Write letters to editors, to law makers, to companies. Let's stay focussed. Already there is the CIR is stalled for lack of agreement between Sen. Frist and Sen. Reid.

    Let's take this PD definition discussion offline, as at present this is not a goal of IV. Am I correct?
    The priority date based on the person first entering the US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one.

    This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..

    Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.



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  • snathan
    08-24 01:51 PM
    So this actually supports my point. There is no "loophole" to close.

    I recommend my friends snathan and swissgear to avoid actions based on jealousy over people just like yourself. But hurting them you hurt yourself

    Giving reds - is that the only thing you can do? Do you want more "helpful" posts from me? I wish to avoid the specifics of your arguments or rebukes, as they are not important here, so if my replies are not "helpful" then perhaps your arguments are irrelevant to begin with

    First be clear whats your point and then enlighten us how this supports it

    Please let me know how this so called multinational executives are getting compensated. Whats the stock/option given to these executives. The available information shows only three days of extended stay and one week of car which they need to share with other executives. Fortunately the extended stay suites come with attached rest room. Otherwise they need to share with other multinational executives. There would be long queue in front of the shared room and eventual back log...

    Yeap...we are very envious about this. Let it be.

    I am least bothered about how/what they are paying to their executives. when they are exploiting the system, its you and me are the one getting affacted. Otherwise these would have trickled down as spillover.


    I am not going to post anything on this any more and feeding the troll.




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  • gcgcgcgc
    07-23 07:03 PM
    I do not have any problem in baring the immigration costs, but where will I find such an employer who can sponsor the paperwork.

    Guys, Please help me in finding any NY based employer for physical therapist.


    A lot of employers are willing to sponsor Schedule A applications, as far as you get your own lawyer & bare the costs, especially if they don't have an immigration department. So you may want to let them know that you have a lawyer who can file as soon as. Some employers already have the employment notice.

    You may already know these, but here goes
    www.ptjobs.com
    www.physical-therapist.com/
    rehaboptions.com/phone.html
    physicaltherapist.com



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  • insbaby
    07-06 12:16 PM
    .
    >> Although 30,000 people are IV members

    Update:
    18,344 members have zero post.
    21,807 members have zero or 1 post.
    27,370 members have zero to 10 posts.

    That should give an idea how many members are really "active" on IV.

    30000 - 27370 = 2630 (more than 10 posts)

    At the end,

    1. Let us assume 1500 people using it actively every week,

    1500 * $25 = $37500 / month
    1500 * $20 = $30000 / month
    1500 * $15 = $22500 / month
    1500 * $10 = $15000 / month
    1500 * $5 = Why do you need GC? A McDonald's lunch cost > $5

    2. Let us assume 1000 people using it actively every week,

    1000 * $25 = $25000 / month
    1000 * $20 = $20000 / month
    1000 * $15 = $15000 / month
    1000 * $10 = $10000 / month
    1000 * $5 = Why do you need GC? A Subway lunch cost > $5

    3. Let us assume 500 people using it actively every week,

    500 * $25 = $12500 / month
    500 * $20 = $10000 / month
    500 * $15 = $ 7500 / month
    500 * $10 = $ 5000 / month
    500 * $5 = Why do you need GC? A Jack-In-Box lunch cost > $5




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  • Jimi_Hendrix
    11-27 11:19 AM
    Members who did not send me your e-mail address, please do so and I will forward you the excel file to complete.



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  • h1techSlave
    09-01 12:59 PM
    I came in July 1998.




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  • kartikiran
    12-10 04:59 PM
    Ugh, I want to cry right about now. :o

    I am with you Almond. After waiting for 12 long years in USA and 8 long years for a GC, the tunnel is still dark.



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  • jkays94
    07-20 01:21 PM
    How many though contacted their Senators for this ammendment ? Chances are that Numbers USA probably put in more calls than the proponents of this measure. The least one can do is let your Senator know of your disappointment and let those who voted in favor of your appreciation otherwise if one is silent how is the Senator to know if it impacts their constituents.




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  • Libra
    09-11 10:47 PM
    thank you northstar for contributions and hope you can make it to rally.




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  • DDash
    07-15 12:22 AM
    Just kidding....donated $25...Way to Go IV!




    adhantari
    07-06 03:52 PM
    You morons, You have spent so much time in useless discussions and anti-immigrants are laughing at your foolishness. Its high time your greencards applications get a denial or RFE. You will come crying to IV to save your status. Or else you will be deported. That is all you can do. You guys have got sub labor or faked your resumes and now you want someone to be accountable to you. First learn to be accountable to yourself and your values.
    Here is what antis are telling you aholes:


    STFU you freeloaders

    just frustered bcoz you are still stuck in Labor while mostly everybody filed their GC right...... I can understand...... but you should channel your frustration in good way.... may be try seeing a shrink...... I will pitch in $1 if you get shrink help......




    tikka
    07-18 04:59 PM
    Contributed $100 today and more to come.
    If I can't volunteer my time, the least that I can do is contribute $.


    much appreciated!



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