addsf345
12-02 07:54 PM
There is a different thread also going on, but sharing it here for anyone who have not noticed it yet. RG updated his website with below information.
Good news concerning AOS denials based on I-140 revocations
(http://www.immigration-information.com/forums/showthread.php?p=25832)
Good news concerning AOS denials based on I-140 revocations
(http://www.immigration-information.com/forums/showthread.php?p=25832)
sundeep14
06-11 10:33 AM
this really sucks !
beppenyc
03-08 02:23 PM
I can`t beleive it. I am very disappointed, that is unveliable. Everytime that it looks that something is happening...we got some problems. Now what`s going on with the democrats....
learning01
04-26 10:41 AM
Bkarnik:
I respect the efforts of IV and actively support them.. To kick up some dust and buzz, amongst our American collegues, TV news reporters, talking heads, professors etc., I suggested that we must write about this injustice. Taking SS Tax and Medicare tax from non -immigrants is injustice. Americans will not tolerate injustice. What we are discussing here, whether we should do something about this collectively at IV, so that our GC processes will be speeded up, as a indirect consequence. This great country should understand more the injustice is being done to us, the highly skilled immigrants
- in visa extension / stamping issues (a family has to spend 6 to 10 grand to get a visa stamping, appointments are not availabe for next 4 months etc)
- in employment (cannot take promotion, cannot easily change jobs without losing Priority Date),
- in labor clearance and
- in GC Process (visa numbers, etc)
Thanks for the links. I didn't read them as I don't have to. I had indeed done research on the visa stamping issue. I am not ignorant, but I take your words as compliment.
You must understand employment visas, like H1B are non-immigrant visas. That alone should make Uncle Sam stop collecting SS Tax and Medicare. If any trial lawyer does a class action law suit or what we call a Public Interest Litigation, the US government should be in lot trouble. Because no one is questioning, they are passing on. I was also told by a SWA high official, that there is a provision, that you can opt out of deduction of SS Tax and Medicare, if you are on H1.
I want to focus on core IV goals. I will not post any further on this SS Tax issue. But, my last word is: dual intent is dangerous and applicants will be denied visa and entry into US. So, readers be careful. You have a non-immigrant visa.
From US Embassy in Canada for visa stamping requirements:
WILL I QUALIFY FOR A VISA?
In order to qualify for most categories of U.S. non-immigrant visas, you must be able to demonstrate to a U.S. Consular Officer that you have a permanent residence outside the United States that you do not intend to abandon. You may satisfy this requirement by showing you have strong economic and social ties to your country of residence. "Ties" are factors that would require you to return to your country of residence, upon completion of your temporary visit to the United States.
LIN: US Embassay Canada. GOV (http://www.usembassycanada.gov/content/travel/halifax_OF-156.pdf)
I respect the efforts of IV and actively support them.. To kick up some dust and buzz, amongst our American collegues, TV news reporters, talking heads, professors etc., I suggested that we must write about this injustice. Taking SS Tax and Medicare tax from non -immigrants is injustice. Americans will not tolerate injustice. What we are discussing here, whether we should do something about this collectively at IV, so that our GC processes will be speeded up, as a indirect consequence. This great country should understand more the injustice is being done to us, the highly skilled immigrants
- in visa extension / stamping issues (a family has to spend 6 to 10 grand to get a visa stamping, appointments are not availabe for next 4 months etc)
- in employment (cannot take promotion, cannot easily change jobs without losing Priority Date),
- in labor clearance and
- in GC Process (visa numbers, etc)
Thanks for the links. I didn't read them as I don't have to. I had indeed done research on the visa stamping issue. I am not ignorant, but I take your words as compliment.
You must understand employment visas, like H1B are non-immigrant visas. That alone should make Uncle Sam stop collecting SS Tax and Medicare. If any trial lawyer does a class action law suit or what we call a Public Interest Litigation, the US government should be in lot trouble. Because no one is questioning, they are passing on. I was also told by a SWA high official, that there is a provision, that you can opt out of deduction of SS Tax and Medicare, if you are on H1.
I want to focus on core IV goals. I will not post any further on this SS Tax issue. But, my last word is: dual intent is dangerous and applicants will be denied visa and entry into US. So, readers be careful. You have a non-immigrant visa.
From US Embassy in Canada for visa stamping requirements:
WILL I QUALIFY FOR A VISA?
In order to qualify for most categories of U.S. non-immigrant visas, you must be able to demonstrate to a U.S. Consular Officer that you have a permanent residence outside the United States that you do not intend to abandon. You may satisfy this requirement by showing you have strong economic and social ties to your country of residence. "Ties" are factors that would require you to return to your country of residence, upon completion of your temporary visit to the United States.
LIN: US Embassay Canada. GOV (http://www.usembassycanada.gov/content/travel/halifax_OF-156.pdf)
more...
wanna_immigrate
05-06 10:59 AM
Did you check the New I140 approval notice? The priority date on the latest I140 will have your Old PD. I believe its also advised you file an interfiling request.
Thanks for your reply. I still have to find out from the lawyer. All I have heard from him is 140 is approved. Before filing 140 he did say alongwith 140 application he will send a interfile request. I checked my 485 application online there is no change in LUD.
Thanks again.
Thanks for your reply. I still have to find out from the lawyer. All I have heard from him is 140 is approved. Before filing 140 he did say alongwith 140 application he will send a interfile request. I checked my 485 application online there is no change in LUD.
Thanks again.
godbless
04-27 02:37 PM
I have my sister in law from India on H4. She got married after her husband got his 797B approved and so she does not have her own 797C. The DMV wants her own 797C approval notice to give her a temporary drivers license. How does she get that? Can she file some petition with USCIS to get it?
more...
johnamit
08-10 02:00 PM
nothing new but here it is:
source: http://www.murthy.com/news/n_notaug.html
Delays in Issuance of USCIS Receipt Notices - August 2007
Posted Aug 10, 2007
�MurthyDotCom
The USCIS has advised that, as of August 3, 2007, they have received a substantially higher than normal volume of filings. This comes as no surprise, as it is most likely related to the July 2007 Visa Bulletin filings. The volume of cases has created a "front log" of cases awaiting initial data entry and issuance of receipt notices. The USCIS advises that the receipt notice delays will not impact eligibility for change of status or extension of status. Cases will be treated as received on their actual receipt dates, even if the receipt notice is delayed. The actual date that the filing was received at the USCIS (receipt date) will appear on the I-797 receipt notice, in addition to a later issuance of the receipt notice (notice date).
�MurthyDotCom
Issuance of Receipt Notices at NSC and TSC
�MurthyDotCom
The USCIS has published updates with information about receipt notices and the order in which they will be issued. As of August 3, 2007, the Nebraska Service Center (NSC) had issued receipts for employment-based I-485s, I-131s, and I-140s filed on or before July 1, 2007. (Although July 1, 2007, is a Sunday, that is the date that was given by the USCIS.) NSC is issuing receipts for I-765s filed on or before July 2, 2007. The Texas Service Center (TSC) is reporting that it is issuing receipts for employment-based I-485s, I-131, and I-765s filed on June 26, 2007.
�MurthyDotCom
Murthy Law Firm Update and Suggestion
�MurthyDotCom
The USCIS plans to provide weekly updates on its issuance of receipt notices. As of last week, the Murthy Law Firm had received some I-485 receipt notices dated July 2, 2007. Those awaiting receipts should also see if their filing fee checks have been cashed. This confirms that the case was accepted for processing. A receipt number of the file / case can be found on the back of the check.
source: http://www.murthy.com/news/n_notaug.html
Delays in Issuance of USCIS Receipt Notices - August 2007
Posted Aug 10, 2007
�MurthyDotCom
The USCIS has advised that, as of August 3, 2007, they have received a substantially higher than normal volume of filings. This comes as no surprise, as it is most likely related to the July 2007 Visa Bulletin filings. The volume of cases has created a "front log" of cases awaiting initial data entry and issuance of receipt notices. The USCIS advises that the receipt notice delays will not impact eligibility for change of status or extension of status. Cases will be treated as received on their actual receipt dates, even if the receipt notice is delayed. The actual date that the filing was received at the USCIS (receipt date) will appear on the I-797 receipt notice, in addition to a later issuance of the receipt notice (notice date).
�MurthyDotCom
Issuance of Receipt Notices at NSC and TSC
�MurthyDotCom
The USCIS has published updates with information about receipt notices and the order in which they will be issued. As of August 3, 2007, the Nebraska Service Center (NSC) had issued receipts for employment-based I-485s, I-131s, and I-140s filed on or before July 1, 2007. (Although July 1, 2007, is a Sunday, that is the date that was given by the USCIS.) NSC is issuing receipts for I-765s filed on or before July 2, 2007. The Texas Service Center (TSC) is reporting that it is issuing receipts for employment-based I-485s, I-131, and I-765s filed on June 26, 2007.
�MurthyDotCom
Murthy Law Firm Update and Suggestion
�MurthyDotCom
The USCIS plans to provide weekly updates on its issuance of receipt notices. As of last week, the Murthy Law Firm had received some I-485 receipt notices dated July 2, 2007. Those awaiting receipts should also see if their filing fee checks have been cashed. This confirms that the case was accepted for processing. A receipt number of the file / case can be found on the back of the check.
WAIT_FOR_EVER_GC
09-01 03:21 PM
Landed in January' 2000
1st Labor Filed in Sept'2001
State approved and project over so had to to move over
2nd Labor filed in Jan'2003 with Company B
Attorney screwed it
3rd Labor filed in Jun'2007
Missed July 2007 fiasco
New date EB3 - Jun'2007
Sorry to say but your are in deep shit if it goes the way it is going. If let say Eb3 moves 1 year every 3 years. You have 18 years to wait.
Please upgrade to Eb2.
1st Labor Filed in Sept'2001
State approved and project over so had to to move over
2nd Labor filed in Jan'2003 with Company B
Attorney screwed it
3rd Labor filed in Jun'2007
Missed July 2007 fiasco
New date EB3 - Jun'2007
Sorry to say but your are in deep shit if it goes the way it is going. If let say Eb3 moves 1 year every 3 years. You have 18 years to wait.
Please upgrade to Eb2.
more...
tinamatthew
07-20 12:57 PM
Hey make sure that I am right by talking to an attorney. They usually charge $150 for for this suggestion. Please spend that money. If you do not have that money, I will give you a loan. Pay me back once you start working.
:)
:)
Green.Tech
05-29 09:56 AM
Back on top...
more...
greyhair
04-29 04:06 PM
Just called Scott Brown and Senator Greg. The person who picked up the phone in Scott Brown offcie noted my name and address. He said he will give my message to the Senator. The lady in Judd Gregg office said that Senator has not yet decided on the immigration proposal but she said the Senator appreciates the call. She did not ask my details but said that the Senator has supported immigration bills in the past. They both sounded very positive.
Printed out the post and I will continue to call all Senators.
Printed out the post and I will continue to call all Senators.
GotGC??
01-04 02:19 PM
One of the most balanced views on this topic I have heard!
I think life inside home is better in India than US. And life outside home is better in US than India. What do you think?
I am only son to my parents (aged 50s). I must go back whenever India sends a man or women to Moon. Just kidding.. Will go back by 201X.
Currently I am in India on a vacation of 45 days. I came to India with lot of enthu after a long gap of 2 years. But as someone said, India cannot be compared with US, outside home. And yea, USA can't be compared to India, inside home :D
I have to postpone the idea of returning for few more years for the following reasons, and yes, I want GC meanwhile.
_ Reasons to stay and stay longer in USA _
1) It's money, honey :D
2) A nice Indenpendant House in Vizag or Hyd. I am long way to get there. You know what I mean.
3) I haven't earned enough to copy & paste my lifestyle in US yet. I mean no car for my dad, no plasma tv in India, no 'retirement' fund for my parents so that they can live on their own. You know the rest.
4) My wife has just _resumed her career on H1B after being seated at home for 3 years on H4. As you can guess, we left hopes on EAD. My PD Nov 05. I would prefer that she work in USA for couple of years, before which we can return.
4) Last, but not least, I want to gather more "onsite" experience and go from programmer analyst to something I want to be, when I return to India.
_ Reasons to go back to India _
I belived in the philosiphy of helping yourself first, then family and then society.
0) Will come back to India to live with my aging parents.
1) Help my society (vote, pay taxes, charity, transfer of ideas from Western World, creation of employment and much more)
2) Enjoy food, movies, language, various cultures of India.
3) Travel world and not just USA - through my IT career.
I think life inside home is better in India than US. And life outside home is better in US than India. What do you think?
I am only son to my parents (aged 50s). I must go back whenever India sends a man or women to Moon. Just kidding.. Will go back by 201X.
Currently I am in India on a vacation of 45 days. I came to India with lot of enthu after a long gap of 2 years. But as someone said, India cannot be compared with US, outside home. And yea, USA can't be compared to India, inside home :D
I have to postpone the idea of returning for few more years for the following reasons, and yes, I want GC meanwhile.
_ Reasons to stay and stay longer in USA _
1) It's money, honey :D
2) A nice Indenpendant House in Vizag or Hyd. I am long way to get there. You know what I mean.
3) I haven't earned enough to copy & paste my lifestyle in US yet. I mean no car for my dad, no plasma tv in India, no 'retirement' fund for my parents so that they can live on their own. You know the rest.
4) My wife has just _resumed her career on H1B after being seated at home for 3 years on H4. As you can guess, we left hopes on EAD. My PD Nov 05. I would prefer that she work in USA for couple of years, before which we can return.
4) Last, but not least, I want to gather more "onsite" experience and go from programmer analyst to something I want to be, when I return to India.
_ Reasons to go back to India _
I belived in the philosiphy of helping yourself first, then family and then society.
0) Will come back to India to live with my aging parents.
1) Help my society (vote, pay taxes, charity, transfer of ideas from Western World, creation of employment and much more)
2) Enjoy food, movies, language, various cultures of India.
3) Travel world and not just USA - through my IT career.
more...
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.
indio0617
03-09 11:29 AM
Is this employment authorization re: the EADs we get, or employment authorization in general for immigrants?
No. it was talk about validating employment for legal immigrants at the workplace. I-9 etc... They just worded it as "Employment authorization"
It is not about our EAD
No. it was talk about validating employment for legal immigrants at the workplace. I-9 etc... They just worded it as "Employment authorization"
It is not about our EAD
more...
ivar
12-11 02:12 PM
There could be lots of folks who missed July 07 fiasco. For the people who were able to file during July 07 that EAD is working as good as green card for now.. wish we could. Here is my case if that makes you feel little better that there are lots of people who missed the boat, I Had approved labor with PD Mar 06 and I-140 and i changed my Job in Mar 07 because of issues with desi company. I never imagined that dates will become current in just three months.. :mad:
Now i am still waiting for my labor.. I recently got three years H1b extension. This extension seems like green card to me :o
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
Now i am still waiting for my labor.. I recently got three years H1b extension. This extension seems like green card to me :o
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
pamposh
07-11 01:18 PM
I do not get it either. They seem to have this very complex formula to determine where to move the cutoff dates or they simply roll a dice. Is there no transperancy. Sometimes I figure I should just not be bothered. It is black box!!. But I can really not do that!. Atleast we are participating actively in the call campaigns. But is that all we can do?
EB3- June 2003, India
Don't worry be happy... atleast for a day. Coz I don't think it is going to last for very long. It is an Aug 08 fiasco instead of July 07 and this time they are being a lil reserved and not making the dates all the way current. Ofcourse there would be some lucky draws who get their GCs, we will have to wait and watch coz thatz all we (most of us) can do at this point.
Guess what, they are all celebrating my Birthday and that is why.
Pamposh.
EB3- June 2003, India
Don't worry be happy... atleast for a day. Coz I don't think it is going to last for very long. It is an Aug 08 fiasco instead of July 07 and this time they are being a lil reserved and not making the dates all the way current. Ofcourse there would be some lucky draws who get their GCs, we will have to wait and watch coz thatz all we (most of us) can do at this point.
Guess what, they are all celebrating my Birthday and that is why.
Pamposh.
more...
Green.Tech
05-29 09:56 AM
Back on top...
julsun
01-04 11:11 AM
Has anybody called the USCIS customer service number regarding AP ?
If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?
One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.
If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?
One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.
logiclife
07-06 12:10 PM
There's nothing new there. Its silly actually. The later bulletin supersedes the previous bulletin and everyone knows that.
But they are just connecting the "flip" and the "flop" of their flip-flop of visa bulletin. They are saying that if you read "Flip", then "Flop" must be read too and if you read "Flop", then "Flip" must be read too, in order to make sense of the Flip-Flop.
Its like saying "I voted for current visa bulletin before I voted against it".
But they are just connecting the "flip" and the "flop" of their flip-flop of visa bulletin. They are saying that if you read "Flip", then "Flop" must be read too and if you read "Flop", then "Flip" must be read too, in order to make sense of the Flip-Flop.
Its like saying "I voted for current visa bulletin before I voted against it".
cheg
07-23 08:21 PM
Thanks for letting us know about your friends. At least we can see that USCIS is trying to clear 2004 applicants. They will be taking care of 2005 soon then. :D
couple of my friends who had PD's 2004 feb and april
EB3 india too got their I-485 approvals last week.
couple of my friends who had PD's 2004 feb and april
EB3 india too got their I-485 approvals last week.
micofrost
07-18 06:57 PM
Does PD exist just to be able to file I-485? Or as some members say, does it also play a role after filing I-485 for adjudication? Does CIS go by PD or RD when the visas are limited?
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
If visa numbers are current for both of them, then its a matter of luck, whose application gets processed quickly and which guy's application reaches to the approval officer first. That time both have equal chance.
Ofcourse PD is considered for VISA numbers, not the RD. RD is good for portability issues like AC21/180 days rule. So B can switch jobs 23 days before A. Again that (180 days rule)also as per some lawyers isnt a hard n fast rule. Hope it helps.
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
If visa numbers are current for both of them, then its a matter of luck, whose application gets processed quickly and which guy's application reaches to the approval officer first. That time both have equal chance.
Ofcourse PD is considered for VISA numbers, not the RD. RD is good for portability issues like AC21/180 days rule. So B can switch jobs 23 days before A. Again that (180 days rule)also as per some lawyers isnt a hard n fast rule. Hope it helps.
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