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  • billu
    09-01 10:17 PM
    I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???

    Came in Dec 1990
    Been on various visas including F1 (grad and undergrad) and H1.
    Didn't get to file GC till 2007 unfortunately...


    i think u beat them all hands down.....my story is landed in jan 2004 for M.S.....started job in april 2005.....employer kept delaying GC through various tactics.....finally i revolted in july 2007 at the time of famous fiasco.......still missed the bus as employer cited 30 day rule, waiting period etc etc.......now with a PD of october 2007 in EB 3 India, I have no hope........those of you who ported successfully from EB3 to EB2, please shed some light on how to do that and what does USCIS look for in EB2 applications.......EB2 is my only hope now....its either EB2 or back to india by december for me....




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  • Milind123
    09-16 09:37 PM
    gimmeliberty, srinivas_o, x1050us, PKV4voice thank you so much. I was out for about a couple of hours and when I came back I saw all these contributions lined up. I cannot express the feeling I got. I was totally overwhelmed. After yesterday’s round, which took about 24 hours to close (estimation, I didn’t check), I was worried if we will be able to finish this round. But I am certain now that we will finish this round successfully. Of course, we will, if we have motivated people like you.

    11 - 4 7 more shots to be fired.




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  • skv
    08-12 05:35 PM
    I meant :

    We have to take some risk, if we want some progress on our I-140 cases. :-)

    Good night folks!




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  • rennieallen
    09-28 08:51 PM
    They are working overtime for it, hopefully 24 hours as well. This is my fear even before this announcement that visa numbers be wasted again.

    Maybe we can volunteer to adjudicate each of our own case...lol!

    When I was a kid in school the teacher solved the bottleneck (of him/her doing the correction of tests) by having the students mark each others tests.

    I'd be happy to adjudicate your case JunRN, if you'd adjudicate mine; heck, I'd even let you use your "current" Bank of America visa in place of a DOS visa :-)



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  • smuggymba
    08-12 12:48 PM
    I totally agree that is a very unfair measure against the whole H1-B community and all of us here especially for lots of us who come from large Indian technology companies. Having said that, don�t we all agree that the mess we are in including the Green Card retrogression is driven by the fact that this H1-B system was grossly misused by the unscrupulous body shops and consulting companies run primarily by Indians in US. These companies not only reduced the quality of Indian Professionals which was sort after by American Technology companies but also has made the skill set of every Indian professional seeking a job doubtful because of the widespread practice of dressing up the resumes. I am sure this had to happen sooner or later and unfortunately the ethical Indian companies have also got caught in this.

    I agree but how will this change the world. The 2K will now be transferred to the employee; earlier employee paid 1000, now he will pay 3000. That does not solve the problem.




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  • vayumahesh
    10-22 12:30 PM
    spicy_guy,
    Please read my previous message regarding date filed etc.,



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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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  • SA EB3 Retro
    08-13 03:28 PM
    Signature has all relevant information.



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  • susie
    07-13 09:37 PM
    I think it is time to write to Senators and Congressmen about the DREAM Act. Please see the post below that the Act is being re-introduced. It is under the thread "Alert from AILA for Dream Act Support". We should make sure that it is appplied to all children, including documented. As it last stood in CIR, the DREAM Act applied to only undocumented children.

    I am a legal skilled immigrant, came here in 1995, and am still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?

    I am planning to send emails to as many senators as possible over the weekend.

    ________________________________________
    Alert from AILA for Dream Act Support

    The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!

    Any assistance you can give to help legal age out children would be fantastic I sent an e-mail to Weldon's office for an update today as we are waiting to hear if he will use our legislation and get a co sponsor to amend the cspa




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  • kaisersose
    06-10 11:42 AM
    Visa numbers have been recaptured in the past (year 2000, I think).

    Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?

    Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.

    Perhaps we can borrow some of their wisdom.



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  • mukraw6
    09-24 02:30 PM
    VPARAM, can you pls tell me the procedure/process of opening a company? You can PM me if you want pls.




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  • arnab221
    07-28 01:30 PM
    Folks ,

    Any approvals for the month of June ? Is there any hope for June filers ? There seems to lot of approvals since last 2 weeks folks . Can IV core provide some direction and guidance to the people stuck at Atlanta service center ?



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  • Libra
    09-12 11:43 AM
    12k+ more to reach goal. please contribute.




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  • Madhuri
    09-10 04:42 PM
    Order Details - Sep 10, 2007 4:01 PM CDT
    Google Order #722113062529813
    Unfortunately I can not make it to the rally since I'll be starting on a new project. Contributed a small $100 towards this GREAT effort.
    Go IV!



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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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  • JaisGCQuest
    06-23 05:17 PM
    Hi..

    I wud say its a brilliant thought and u shud go ahead and compile ideas and create a beautiful document. If nothing else it can be a good resource for others to read .

    What is America losing because of our prolonged wait for Green Cards?

    Money in the form of Taxes and more and more skilled labor :

    People in India now don't want to come on H1B's because they don't see any future in US anymore. They think instead of returning back after an unsuccesful dream of living in US they cud gather what they have currently and stay in India -- where they wud eventually have to settle later.

    Money in the form of Mortagages Property Investments -
    Indians mostly prefer to invest in good real estate properties atleast better than the other two dominant categories in US [ Hispanic and African - American ]. There will be a surge of better mortgage payers if the Indian population see a long term stay in US.


    Skilled Labor because most companies dont hire H1bs for additional cost factor to be given to USCIS . And even if some companies want to hire H1B people for cheap labor, these skilled labor are inclined to get greencards. Most companies dont do that or may be start the whole process too late because of the long queue and they think instead putting so much efforts to make this H1B guy permananent [ hassle free] they settle for lesser skilled labor with more salary who has a permanent residence/ citizenship because they are hassle free.


    Have to return back to work but ..will write more later.

    Thanks



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  • srikondoji
    08-02 03:56 PM
    I had an email conversation with my lawyer regarding 180 day portability.
    She said that the count for 180 days should begin with notice date for safe side.
    However the count begins with Receipt Date which is a day or 2 off from the actual application receive date (mail received date).
    This is what i got from my lawyer.




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  • Marphad
    07-06 02:36 PM
    absolutely, i need to see microsoft projects to keep track of the lobbying project. why can't the current folks show progress as per the microsoft projects plan. after the end of time and budget, we need to see the result in the form of our GC. that's how we do all our projects at work. why is this lobbying thing any different.

    if i can summarize bawa's point, we need to cut all ties with democrats, trash obama repeatedly unless we are sure that we have aligned with sarah palin and we are sure that we have been sidelined for next 8 years. wonderful strategy to ensure 100% failure, i luv it, the change we can believe in.

    Fix your profile before you expect people to read sarcasm.




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  • snathan
    05-23 09:15 AM
    If you have made a contribution and posted on this thread or on the thread we had before your name should be on the list. We do not have an automatic way of updating this list once someone had made a contribution through paypal at this time. Every night I go through this thread, update numbers and names. I could have made a manual error and missed some names but once people have brought that to my attention I have been double checking and responding back to them. I know I am behind on verifying one or two contributions but I will catch up. I work long hours,take classes and I live 80 miles away from where I work. I wish I had more than 24 hours in my day. If you could help us with maintaining an accurate list that would be awesome.

    Hope I answered your query :)

    Actually I paid $100 and not $50. It was two $50 on the same day.




    bigboy007
    06-03 03:02 PM
    I understand but i already sent our media drive to 50 different media , i aleady sent multiple faxes , i already sent many many emails but please advise me what more should i do to convince IV core that issues i have mentioned also effect many who are already IV members , i am requesting you to see Text of Webfax is added acoordingly ?

    I have nothing to do with date too. but with many posts on it i still feel there are many many members that get effected




    andy garcia
    10-01 11:28 AM
    Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.

    This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.

    Can the IV community do some thing to improve the whole situation?

    Thanks h1techSlave;

    I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
    just because I said so.

    Remember that this system was designed back when there was one single queue.


    You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
    After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
    After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.


    Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued



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