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.
wallpaper amor fati nietzsche. #39;Amor Fati#39; translates to
sundevil
03-05 10:44 PM
Me and my wife's 485s had LUDS on 2/18, 2/19 and 2/20. But no status change, and we know for sure we should be getting atleast one RFE. When we applied in July 07 we could not include my Wife's medical/vaccination reports with the application, but no RFE for that yet.
diptam
08-11 03:14 PM
ssss,
I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.
Would you mind if i ask you when you've seen the LUD change before approval ?
Thanks for your time !
I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters
I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.
Would you mind if i ask you when you've seen the LUD change before approval ?
Thanks for your time !
I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters
2011 amor fati | Tumblr
purgan
08-17 11:29 PM
grupak/mirage/pani6
i support your efforts and have printed out and sent letters to the people mentioned. Momentum for release of information should build up even if we have 50-100 letters from affected people...otherwise people won't know of EB-3 IND's plight.
I suppose we should followup with phone calls in 15 days to cement our request. We should have a poll on who all has sent the letter and made the call.
i support your efforts and have printed out and sent letters to the people mentioned. Momentum for release of information should build up even if we have 50-100 letters from affected people...otherwise people won't know of EB-3 IND's plight.
I suppose we should followup with phone calls in 15 days to cement our request. We should have a poll on who all has sent the letter and made the call.
more...
javaconsultant
01-13 11:46 PM
My PD is June 2002 from CA in EB3/RIR category.
I did not get my approval yet !
I did not get my approval yet !
w3313
03-31 08:20 PM
How insane you are, you are giving the credit of that to USCIS ??? I think you were sleping when people had rallies in CA and IV had 'flowers to USCIS' campaign, how about Zoe Lofergn's threat, I'm sure you don't know any thing. USCIS shares most of the responsibility of you and I being on this forum. USCIS was doing a tardy job and wasting several thousand green card numbers every year that's why DOS had to push them by making the world wide dates current. And 'no' they did not 'realize' any mistake, they did not want to get into legal trouble and get publically exposed(Zoe Lofergn asked for emails and all communication regarding Visa cut off dates). So they took the shortest and safest way to get out
I don't think insane is enough to describe that person Dard-E-Disco thought process, people know very little about the process delay's or troubles caused by the USCIS delay's. Either this personDard-E-Disco is either ignorant or doesn't know what he/she is talking about. I doubt if Dard-E-Disco knows how it would be for some one to wait 7 years for any immigration process and watch USCIS screw-up the FIFO process and how the customer service at USCIS is cannot differentiate between a RD and PD better than that I suggest this person to read the AMBUDeSMEN report if you don't what it is just google for it , after you read the report and recommendations come back and post your wise comments. I urge you to please read the ambudsmen report before making loose comments
I don't think insane is enough to describe that person Dard-E-Disco thought process, people know very little about the process delay's or troubles caused by the USCIS delay's. Either this personDard-E-Disco is either ignorant or doesn't know what he/she is talking about. I doubt if Dard-E-Disco knows how it would be for some one to wait 7 years for any immigration process and watch USCIS screw-up the FIFO process and how the customer service at USCIS is cannot differentiate between a RD and PD better than that I suggest this person to read the AMBUDeSMEN report if you don't what it is just google for it , after you read the report and recommendations come back and post your wise comments. I urge you to please read the ambudsmen report before making loose comments
more...
amitjoey
03-02 07:01 PM
Yes, if we do not do anything, then yes, we will only get our GC's as per the calculator- which is 2024 and beyond. If we want it earlier, we need to educate: Get vocal: Vocal about reforming employment based immigration laws. Lobby the government: (which means we need to contribute money to IV to make a war-chest- to pay the lobbyist.), Get noticed: Which means we have to meet our lawmakers.
2010 amor fati nietzsche. amor fati.
hebbar77
06-11 01:25 PM
I agree GC makes a difference. If anyone as EAD thats as good as GC subject to your primany job not changing. So why not do side -business on EAD while your primary job is ON. Take it easy at job, dont overwork because without GC rarely people get promoted, if they are not extra-ordinary!
Going to XYZ place because of no GC does not make sense. If you have potential you can use it here on EAD not necessarily in another country!
Going to XYZ place because of no GC does not make sense. If you have potential you can use it here on EAD not necessarily in another country!
more...
santb1975
05-25 10:08 AM
yes it has been
hair amor fati nietzsche. When Nietzsche Wept: A Novel
Macaca
10-01 04:07 PM
If the USCSI didnt have enough applications to be assigned the VISA , then why are they so conservative in making the cutoff dates move ahead. What is the harm in pro-actively moving the cutiff dates, to amek sure no visa gets wasted.
A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
more...
Vsach
07-14 08:09 PM
Going in mail tomorrow...let's do it...do able!!
Please post this thread at as well...way to go!
VSach
Please post this thread at as well...way to go!
VSach
hot amor fati nietzsche. Friederich Nietzsche: la; Friederich Nietzsche: la
skv
06-20 01:14 PM
Atalanta sucks
Yes, maybe we try for pre-approved labor before July end?
Yes, maybe we try for pre-approved labor before July end?
more...
house amor fati nietzsche; amor fati tattoo. amor fati meaning; amor fati meaning
srisra
05-07 12:42 PM
i called 3 senators so far,
they r not sharing the senators stand but they are saying we understand this and we will pass on your message.
thay did not note anything. they did not ask name & other details also.
am i doing correct or am i missing anything?
they r not sharing the senators stand but they are saying we understand this and we will pass on your message.
thay did not note anything. they did not ask name & other details also.
am i doing correct or am i missing anything?
tattoo amor fati nietzsche. by Friedrich Wilhelm Nietzsche
diptam
08-13 02:24 PM
Thanks - I'll write a mail to the HR head to release 7001 on my request and will mention that they don't have to take responsibility. Enough is enough - i got another 2 yr H extension in July 08 so i should be good,anyway.
I'll keep you guys posted when i receive 7001 from HR by mail and i'll send it to Ombudsman office (along with that cover letter) immediately.
You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.
I'll keep you guys posted when i receive 7001 from HR by mail and i'll send it to Ombudsman office (along with that cover letter) immediately.
You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.
more...
pictures amor fati nietzsche. written by Nietzsche.
chakdepatte
02-24 08:50 AM
Something that you dont have?
would you die if you don't get it. live a life man.
would you die if you don't get it. live a life man.
dresses amor fati nietzsche
kevinkris
05-23 03:07 PM
Toppp
more...
makeup wallpaper amor fati meaning.
Milind123
09-12 07:30 PM
First time contribution of $100...
Good work IV..
Order Details - Sep 12, 2007 19:50 GMT-04:00
Google Order #510095991304725
Thanks you for your contribution.
Good work IV..
Order Details - Sep 12, 2007 19:50 GMT-04:00
Google Order #510095991304725
Thanks you for your contribution.
girlfriend amor fati nietzsche. Víctor Samuel Rivera: Víctor Samuel Rivera:
acecupid
08-17 09:57 PM
What if you spend 3-4 K in the new GC process, and after writing these letters USCIS wakes up and release statistics that they have 2000 EB-3 I pending for 2002/2003 and 1000 for 2004 will you still go ahead ? I guess for us the most important thing is to know how many cases are really pending. As I am not filing a new EB-2 and what if there are 15K cases in 2002/2003 and 50K in 2004, I'll be sitting here all my life looking at Visa bulletins :o
You are forgetting the re-distribution of spill over rules which has affected the processing speed of different categories. So it doesnt matter how many numbers are pending in EB3 past years, its surely greater than the country limits based on past visa usage data. So it does make a lot of sense to port to EB2. Some one who applied in EB2 India in 2008 is likely to get GC before someone who applied in EB3 India 2003/2004 based on current situation.
You are forgetting the re-distribution of spill over rules which has affected the processing speed of different categories. So it doesnt matter how many numbers are pending in EB3 past years, its surely greater than the country limits based on past visa usage data. So it does make a lot of sense to port to EB2. Some one who applied in EB2 India in 2008 is likely to get GC before someone who applied in EB3 India 2003/2004 based on current situation.
hairstyles Amor Fati
stldude
07-06 03:20 PM
Nobody was complaining b4 Jun 13th.. It's sucks when people get their hopes up and then go back to the infinite wait stage again... USCIS should be held responsible for it... Don't u agree ??
why would you have sleepless nights till Oct? Did you have sleepless nights before June 13th? Your sleepiness should be the same as it was before June 13th!
why would you have sleepless nights till Oct? Did you have sleepless nights before June 13th? Your sleepiness should be the same as it was before June 13th!
GoGreen
08-11 10:13 AM
How many of us contribute to IV in terms of time, $ etc.
and how many are some free riders?
and how many are some free riders?
EB3gcwanted
09-01 09:47 AM
Arrived here in Apr 2001.. Labor filed in Mar 2005 EB3-I
No comments:
Post a Comment