sidbee
03-07 10:08 AM
Unless india address issues of Population Growth ( now it is hard to walk in many places in big cities), Morality of the Peoples (govt can not do any thing about this, we as a people always take shortcuts aslong as it does not affect us personally !!!) Broken Judicial system ( Recent statement of supreme court tells they have enough court case to deal per judge for next few decades !!) Purity of air, water,milk, Increasing corruption and detoriation in quality of education (because of priviatization we have engineering , pharmacy and other technical education colleges in every village, 95% of them dont have faculty, labs etc and only care for profit, you can graduate as long as you pay fee for admission and pay fee for their annual due) (that is why our 90% of engineers are UNEMLOYABLE) THERE ARE many other issues to list here but all we know
If you go to our home country for short visit, you will probably like it , if you stay there more than three months and try to settle there again, you will start comparing all above to US and might feel that you made wrong choice of abondoning your GC process
Also in money we make in some big cities in our home country we can not buy a decent home to live in as real estate prices are so INFLATED and there is no body which regulates real estate in India. Prices double evey day. I dont know how local middle class which hardly make 2-3 lac per year can afford such properties.
After living long time in other country, it will be hard to adjust with people there. You will always face morality issue, duplicity in the people (what they talk and what they act, it is hard to trust) also artificial and selfish nature of so called social relations in home country (of which all we are proud of some how ) I find people and social relation here more frank and trust worthy (they are more open and close to reality) then our social structure where evry one try to take advantage of other some how under the so called social relations
So think three time about all these issue of long term before you try to abondon your GC process. All these isssues you will be facing in our home country no matter how much money you make. On long term your choice might hurt you. If you are fed up with immigration issues here try to open up other avenues for you along with this country.
This post is not entirely true.. I have never seen an college(recognized by AICTE) where u will pass only by paying fees.
There are issues in india , but i have seen many people going back , and settling without any problems. The choice to move is more personal , then what could be discussed here ..
I was in India recently for a 2 months vacation, and some work from our Indian office,. First few days were tough , lot of dust , traffic , pollution, But after 2 weeks i was loving it the old way .. and when i was flying back i realized I love Delhi .
If you own a house in the major cities ( ie lot of jobs and business opportunities) then going back makes sense. But if you belong to a small city , and have to move to a bigger city anyway, then living here makes more sense.
The reality (which is bad) is that if you have money in india , your life style is much better than what u have in US (dont forget , even earning 100K, doesn't really make u rich here , Honda and Toyota are poor people's car in US.. I have seen very few EB applicants driving a BMV,Bentley)
When i was in India, i went to best hotels for food (2000Rs buffets) virtually every week.,just went to NY once for a 200$ buffet, in 6 years.
So everyone has to take a personal decision, based on personal factors..
If you go to our home country for short visit, you will probably like it , if you stay there more than three months and try to settle there again, you will start comparing all above to US and might feel that you made wrong choice of abondoning your GC process
Also in money we make in some big cities in our home country we can not buy a decent home to live in as real estate prices are so INFLATED and there is no body which regulates real estate in India. Prices double evey day. I dont know how local middle class which hardly make 2-3 lac per year can afford such properties.
After living long time in other country, it will be hard to adjust with people there. You will always face morality issue, duplicity in the people (what they talk and what they act, it is hard to trust) also artificial and selfish nature of so called social relations in home country (of which all we are proud of some how ) I find people and social relation here more frank and trust worthy (they are more open and close to reality) then our social structure where evry one try to take advantage of other some how under the so called social relations
So think three time about all these issue of long term before you try to abondon your GC process. All these isssues you will be facing in our home country no matter how much money you make. On long term your choice might hurt you. If you are fed up with immigration issues here try to open up other avenues for you along with this country.
This post is not entirely true.. I have never seen an college(recognized by AICTE) where u will pass only by paying fees.
There are issues in india , but i have seen many people going back , and settling without any problems. The choice to move is more personal , then what could be discussed here ..
I was in India recently for a 2 months vacation, and some work from our Indian office,. First few days were tough , lot of dust , traffic , pollution, But after 2 weeks i was loving it the old way .. and when i was flying back i realized I love Delhi .
If you own a house in the major cities ( ie lot of jobs and business opportunities) then going back makes sense. But if you belong to a small city , and have to move to a bigger city anyway, then living here makes more sense.
The reality (which is bad) is that if you have money in india , your life style is much better than what u have in US (dont forget , even earning 100K, doesn't really make u rich here , Honda and Toyota are poor people's car in US.. I have seen very few EB applicants driving a BMV,Bentley)
When i was in India, i went to best hotels for food (2000Rs buffets) virtually every week.,just went to NY once for a 200$ buffet, in 6 years.
So everyone has to take a personal decision, based on personal factors..
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lonedesi
08-11 04:54 PM
Is it Rumors or True?
If it is true then really its very good news and we can see 140 approvals soon.
Never take anything for granted esp with USCIS. Rumors are still rumors up until the time we see the action on part of USCIS to clear the backlogs. So for now, join this campaign and help yourself by putting pressure on USCIS to clear the I-140 backlogs.
If it is true then really its very good news and we can see 140 approvals soon.
Never take anything for granted esp with USCIS. Rumors are still rumors up until the time we see the action on part of USCIS to clear the backlogs. So for now, join this campaign and help yourself by putting pressure on USCIS to clear the I-140 backlogs.
achiever2001
07-20 03:05 PM
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
So what are trying to prove ? Generally i dont respond but this just shows that you have a lot of time. Why dampen people's spirits by such post or why try to say that whatever IV has done is a waste. That is what i get from what you have posted. If you are cynical, keep it to your own self, dont start such negative threads. Dont know you and this is not a personal attack but think twice before you create such posts, because they are disheartening for many (including me) who are so frustrated that they can believe any thing negative. Chill out and let us enjoy the moment why we have it, if things change over the period, we are fighters, we will survive but dont add to our problems by your predictions and logic (which might be right to start with but do we tell cancer patients that they are going to die on such and such date).
No offence intended but cool off.
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
So what are trying to prove ? Generally i dont respond but this just shows that you have a lot of time. Why dampen people's spirits by such post or why try to say that whatever IV has done is a waste. That is what i get from what you have posted. If you are cynical, keep it to your own self, dont start such negative threads. Dont know you and this is not a personal attack but think twice before you create such posts, because they are disheartening for many (including me) who are so frustrated that they can believe any thing negative. Chill out and let us enjoy the moment why we have it, if things change over the period, we are fighters, we will survive but dont add to our problems by your predictions and logic (which might be right to start with but do we tell cancer patients that they are going to die on such and such date).
No offence intended but cool off.
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amit1234
09-11 10:11 AM
A little contribution of $100 for a great effort by IV
Google Order #720968632428178
Google Order #720968632428178
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desi3933
08-04 02:42 PM
I'm telling them my condition, and I know there are lot of people in the same boat. Again you need to talk to the lawyer about GC cost. Employee can bear all the GC related cost.
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
I got red dots, just because I raised my concerns against factual errors in the letter. I have never mentioned that I am against sending letters. Just that emotional outburst is not going to help EB-3 India applicants.
Good Luck and I hope everyone gets GC soon.
____________________________
US Permanent Resident since 2002
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
I got red dots, just because I raised my concerns against factual errors in the letter. I have never mentioned that I am against sending letters. Just that emotional outburst is not going to help EB-3 India applicants.
Good Luck and I hope everyone gets GC soon.
____________________________
US Permanent Resident since 2002
swissgear
08-24 12:00 AM
Context is everything
And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal
And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities
GK, All I can say about your disconnected arguments are one thing. Myself and Nathan are talking about fairness about the system and on how corporates exploit the loophole thereby exploiting the hardworking individuals like you and me. We never here scolded and ranted about the program and as a matter of fact we are having issues with the so called "LoopHole" But your arguments are going in a completely different direction. You can re-read all of our posts again and see where we mentioned anything about ranting against the program.
And BTW FYI, I never worked for TCS. And to let you know, I did my Masters in Soft Engg from BITS and Bachelors in Technology. When I say I got paid 65k for the kind of service I did to the company(5 yrs ago) , itself says a lot of things on how companies exploit which has no relation to the number of yrs of experience and qualifications.
All that matters for those companies is whether client is made happy or not, irrespective of what you undergo. FYI I worked company starting with W (top 3 IT companies in India at that time) .
Let me explain you how this works.....Exactly as to how it happened in my case.
First you are given ransom salary offer say 30-40% more that what you might be earning and an immediate on-site offer within 12 months of joining the company. You feel pretty happy with all of those initially.
Later they send you onsite as promised on L1 by making you wait for 1 yr, (even when they can sponsor you H1) so person would be eligible on L1. Things will look good until now.
While sending you to onsite, no one will let you know what kind of salary you would be paid. Things will start to get interesting from the moment you land in US.
You are paid just a week of hotel stay(extended stay) and 1 week car rental(only if you have valid DL). You have to beg / borrow for a ride or take public commute if available.
After 2 days of settling you will be given a salary letter stating that your salary is 50k with a bonus of 5k.
This is the catch. The companies feel that sending a guy on site itself is a big deal. Logically you think that person earning more at offshore than the other person will also get paid more. Its not the case, everyone at onsite are paid the same, irrespective of what their salary is are offshore(only 2 salary ranges exist).And there is no offshore component, and the pathetic thing about it is, you are paid basic salary at offshore deducting from your onsite salary.
Also, just so you know, and onsite person playing a manager role is just an additional responsibility and not a dedicated role. So this is on top of your regular technical role.
And now comes your GC step. After you spend 5 yrs onsite, since you have to leave back after 6 yrs, the company will file in EB1-A and thereby getting your GC. After you get your GC, you are already out of touch from the rest of the world except from your daily offshore/onsite issues and so on and you would not be able to know as to what exactly you can do with your GC. All that happens is you will not be fit to work anywhere except the place you were working at. This has happened to many of my colleagues. I was lucky enough to get out of that chaos after my 1 yr at onsite. All I can say is I'm very much happy now with GC filed in EB2 and making much more that what I used to ...
BTW your comment on someone working for $1 or 30k is for their own noble cause and you cannot expect everyone to have that.
And coming to a conclusion about someone who you do not know about is uncalled for...
And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal
And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities
GK, All I can say about your disconnected arguments are one thing. Myself and Nathan are talking about fairness about the system and on how corporates exploit the loophole thereby exploiting the hardworking individuals like you and me. We never here scolded and ranted about the program and as a matter of fact we are having issues with the so called "LoopHole" But your arguments are going in a completely different direction. You can re-read all of our posts again and see where we mentioned anything about ranting against the program.
And BTW FYI, I never worked for TCS. And to let you know, I did my Masters in Soft Engg from BITS and Bachelors in Technology. When I say I got paid 65k for the kind of service I did to the company(5 yrs ago) , itself says a lot of things on how companies exploit which has no relation to the number of yrs of experience and qualifications.
All that matters for those companies is whether client is made happy or not, irrespective of what you undergo. FYI I worked company starting with W (top 3 IT companies in India at that time) .
Let me explain you how this works.....Exactly as to how it happened in my case.
First you are given ransom salary offer say 30-40% more that what you might be earning and an immediate on-site offer within 12 months of joining the company. You feel pretty happy with all of those initially.
Later they send you onsite as promised on L1 by making you wait for 1 yr, (even when they can sponsor you H1) so person would be eligible on L1. Things will look good until now.
While sending you to onsite, no one will let you know what kind of salary you would be paid. Things will start to get interesting from the moment you land in US.
You are paid just a week of hotel stay(extended stay) and 1 week car rental(only if you have valid DL). You have to beg / borrow for a ride or take public commute if available.
After 2 days of settling you will be given a salary letter stating that your salary is 50k with a bonus of 5k.
This is the catch. The companies feel that sending a guy on site itself is a big deal. Logically you think that person earning more at offshore than the other person will also get paid more. Its not the case, everyone at onsite are paid the same, irrespective of what their salary is are offshore(only 2 salary ranges exist).And there is no offshore component, and the pathetic thing about it is, you are paid basic salary at offshore deducting from your onsite salary.
Also, just so you know, and onsite person playing a manager role is just an additional responsibility and not a dedicated role. So this is on top of your regular technical role.
And now comes your GC step. After you spend 5 yrs onsite, since you have to leave back after 6 yrs, the company will file in EB1-A and thereby getting your GC. After you get your GC, you are already out of touch from the rest of the world except from your daily offshore/onsite issues and so on and you would not be able to know as to what exactly you can do with your GC. All that happens is you will not be fit to work anywhere except the place you were working at. This has happened to many of my colleagues. I was lucky enough to get out of that chaos after my 1 yr at onsite. All I can say is I'm very much happy now with GC filed in EB2 and making much more that what I used to ...
BTW your comment on someone working for $1 or 30k is for their own noble cause and you cannot expect everyone to have that.
And coming to a conclusion about someone who you do not know about is uncalled for...
more...
srhari
07-14 01:27 PM
here is my response thru my Bank Onlie pay
Immigration Voice
Immigration Voice
$ 5.00 07/18/2008 7Y9YG-2BT90
Please Help IV to help us
Thanks
Bestofall
PD-EB2 Mar 2005 India
AP-EAD received
Do you know how to pay online from my bank account? I checked the contributions page, but it discusses about paying through Paypal (and for $100+).
Immigration Voice
Immigration Voice
$ 5.00 07/18/2008 7Y9YG-2BT90
Please Help IV to help us
Thanks
Bestofall
PD-EB2 Mar 2005 India
AP-EAD received
Do you know how to pay online from my bank account? I checked the contributions page, but it discusses about paying through Paypal (and for $100+).
2010 photography quotes tumblr.
javaconsultant
10-31 12:09 PM
Guys,
Do you know any knowledgable and experienced Immigration Attorney in Southern California ?
I want to discuss my work options (self-employment or change of employer/Change of job description - Developer to Team Lead etc.)
pls. share your experiences and recommendations.
Thanks.
Do you know any knowledgable and experienced Immigration Attorney in Southern California ?
I want to discuss my work options (self-employment or change of employer/Change of job description - Developer to Team Lead etc.)
pls. share your experiences and recommendations.
Thanks.
more...
bigtime007
06-16 01:30 PM
Champak, I'm in the same boat as yours. Called the Atlanta number and left a message with my case number. My attorney sent an email this week. I have also asked my employer to do the same. Maybe I'll take your advice and send them an email too.
How long has your case been pending? My case is pending for only one month, not sure if my lawyer and employer will send email for me.
How long has your case been pending? My case is pending for only one month, not sure if my lawyer and employer will send email for me.
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immivo
04-01 08:46 AM
anyone renew FL DL when H1b extension pending & I-94 expired ? I heard recipe notice is ok but I didn't find any guide line from their web site .any input is greatly appreciated.
more...
glamzon
07-24 05:08 PM
Do anyone with PD in march 2007 got an approval from Atlanta ? the last i heard is feb 0n this forum .. keep updating
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mbawa2574
09-17 08:55 PM
There cannot be partners for LLC located internationally ?
more...
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ak_2006
06-04 01:15 PM
:)Thanks to Zappy and rpchalasani...
Zappy...:DEnjoy the moments....:D
Zappy...:DEnjoy the moments....:D
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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.
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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chanduv23
11-20 10:22 PM
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
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wellwishergc
07-06 10:47 AM
Cool down, nixstor! you made your point! Take a deep breath, relax and post with a rational thought process. You are not helping by continuing to post negatively.
Personally, I think we can utilize this issue for the following:
1) Urging our congressmen/senators to pass some short-term benefits like recapture of visas (Obudsman report indicates that around 180,000 visas were not used in the past years). This is a golden opprountinity for us to urge congressmen/senators to pass a bill to release those unused numbers for getting immediate relief.
2) FBI name-check process needs to be made faster; so additional funding could help. (Obama Bill)
If we leverage this issue on the above and focus all the efforts on the above two points, we will be better off. I hope the core group is already working towards the above two objectives.
Yeah, tell me the same thing when all of us will wait for 6 or 7 years if they dont fix the system and continue to do security check on us. We know that we are NOT bad people. Its difficult to prove that in existing conditions. People are paranoid about every thing right now.
Personally, I think we can utilize this issue for the following:
1) Urging our congressmen/senators to pass some short-term benefits like recapture of visas (Obudsman report indicates that around 180,000 visas were not used in the past years). This is a golden opprountinity for us to urge congressmen/senators to pass a bill to release those unused numbers for getting immediate relief.
2) FBI name-check process needs to be made faster; so additional funding could help. (Obama Bill)
If we leverage this issue on the above and focus all the efforts on the above two points, we will be better off. I hope the core group is already working towards the above two objectives.
Yeah, tell me the same thing when all of us will wait for 6 or 7 years if they dont fix the system and continue to do security check on us. We know that we are NOT bad people. Its difficult to prove that in existing conditions. People are paranoid about every thing right now.
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sam2006
09-13 10:34 AM
Milind123 YOU ARE THE MAN !!!
i guess you have crossed 400:p
I will make 100$ as promised later in the day
Comon Guys please wake up and contribute
Its now or NEVER!!!
please Help IV and Help Your Selves
i guess you have crossed 400:p
I will make 100$ as promised later in the day
Comon Guys please wake up and contribute
Its now or NEVER!!!
please Help IV and Help Your Selves
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langagadu
09-15 11:01 AM
Whay are you jealous of people who are porting? Why can't people go from EB3-EB2?
This is different from the Labour substituation, if a person filed in EB-3 in 2001and gained 7 years of experience, if the company is promoting him to the next higher position, it is very much acceptable for USCIS to promote his EB-3to EB-2.
I don't think USCIS will not give any shit to anything you are trying.
Once you have approved I-140, that date is your's buddy. Jealousy suckers.
So what you are saying is, everytime you apply for a I-140, all your previous I-140's should be dropped. Is that you want. Do you realize they can not do this as an Admin fix?
So basically you want to get Green card and be happy and everybody else should die in the f***** queue.
WHY DON'T YOU USE THIS F****** ENERGY FOR SUPPORTING (EMAILS, CALLS TO THE SENETAORS) THE RE CAPTURE BILLS.
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
This is different from the Labour substituation, if a person filed in EB-3 in 2001and gained 7 years of experience, if the company is promoting him to the next higher position, it is very much acceptable for USCIS to promote his EB-3to EB-2.
I don't think USCIS will not give any shit to anything you are trying.
Once you have approved I-140, that date is your's buddy. Jealousy suckers.
So what you are saying is, everytime you apply for a I-140, all your previous I-140's should be dropped. Is that you want. Do you realize they can not do this as an Admin fix?
So basically you want to get Green card and be happy and everybody else should die in the f***** queue.
WHY DON'T YOU USE THIS F****** ENERGY FOR SUPPORTING (EMAILS, CALLS TO THE SENETAORS) THE RE CAPTURE BILLS.
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
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gctoget
07-28 10:58 PM
Hello everybody,
Just came back from the SoCal IV meeting today which was held at Woodlands,Artesia between 3:00 to 4:30 P.M today. It was nice meeting all the 14 members from IV. I am pretty sure Drona will post the minutes of meeting pretty soon!
Gctoget
Just came back from the SoCal IV meeting today which was held at Woodlands,Artesia between 3:00 to 4:30 P.M today. It was nice meeting all the 14 members from IV. I am pretty sure Drona will post the minutes of meeting pretty soon!
Gctoget
Michael chertoff
09-04 08:29 AM
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
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Dear Pappu, what do you think about next bulletin? any internal information? there will a forward movement or reterogression?
Thanks
MC
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Dear Pappu, what do you think about next bulletin? any internal information? there will a forward movement or reterogression?
Thanks
MC
akp
07-20 12:37 PM
If you assume 30 people, you get 1 year per your calculations. Make it 90 and we get it in 3 months:D
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