Thursday, June 23, 2011

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  • ragz4u
    03-09 10:46 AM
    for illegal immigrants again




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  • immigrationmatters30
    07-11 02:52 PM
    What do you guys think would be happen in SEP ? do you guys expect any forward movement.I still have not filed my I-485(yep, one of those unlucky ones who missed the boat).My PD is Aug-2007.




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  • nitinboston
    06-11 12:32 PM
    Instead of ruining our life running after GC, here are few options

    1) if you really want to live in a developed country, move to Canada or Australia. their process is much simpler and faster
    2) cash out your investments and move to India. you might end up back in US on L1 :)
    3) since some of us have had babies here, wait till they can sponsor you.

    i have personally done 2 of the above. I have a Canadian PR and i have established contacts in India in case i need a job there. What am i doing here? saving as much money as i can, and waiting for the right opportunity in Canada or India. GC can kiss my ......., i got better things to do in life.




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  • santb1975
    05-29 10:48 PM
    Thankyou for your contribution

    Receipt ID: 0375-0762-4300-7538

    Let's keep 'em comming!



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  • Libra
    09-10 02:17 PM
    thanks, will see you in DC.




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  • chanduv23
    10-24 03:19 PM
    jsut follweod up with my lawyer and Iwas told that my old company doesnot usaully revoke 140's unless the person left the company b4 the setforth dates as part of GC agreement (4yrs or b4 getting gc ) or the person discharged for some other reason...

    HOWEVER i am still not taking chances and am participating int his campn. and alreay sent email as requested..tx guys

    Lets none of us assume that if ex employer does not revoke 140 we are fine. We must ensure that erroneous denials are stopped.



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  • addsf345
    11-13 03:42 PM
    found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.

    This contradicts with the fact that many reported on IV. Ron says that one can continue employment on EAD. EAD stays valid atleast till the legally allowed time to file for an appeal, and once you file appeal, it stays active till it adjudicated.

    However many ppl reported that they had to leave job due to 485 revocation. What is the truth???? Any one?




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  • Jeniya2006feb27INDIA
    11-07 01:35 AM
    Correct me if i am wrong



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  • ronhira
    07-06 02:30 AM
    U need to change ur handle :-)

    now that's not fair, i don't know how to change my handle, just think for a minute that my handle is - let me pick another name out of the blue - how about matloff. would that work?




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  • eastindia
    05-14 02:20 PM
    I made 5 calls today during my lunch time. It looked like they were getting our message and writing it down.



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  • skv
    06-17 10:42 AM
    Thank you for your e-mail to the National Processing Center concerning
    your case filed under the PERM program.

    Our office can only respond to inquiries from the employer's contact
    person or attorney/agent listed on the submitted 9089 form.

    Atlanta Help Desk (17)


    Above is the message, I got it from them. I can't contact my attorney, because that's our company policy. While the HR told me that they will inform me when my PERM gets approved.

    Hope after 5 long years , my GC ambition will be completed this time. All the best for rest of the folks!!!




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  • srikondoji
    08-02 04:06 PM
    Thats a mess forced onto themselves. However, iam feeling happy and lucky about it. The hardships of USCIS employees started off from mid june and will never end just because of mess & mass miss-communication between the agencies.

    Since I was bored at work, I called this number and talked with a rep this morning @10. She told me that they have 76K applications pending for the receipt date as of July 27th. She said this two times thinking me to take on with surprise with this huge number. Yes, of course I am surprised. Is it only 76K apps by July 27th?



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  • Administrator2
    04-30 02:19 PM
    Cornyn Open to Working on Immigration Reform - Roll Call (http://www.rollcall.com/news/45730-1.html)

    We need to get more, but obviously a good beginning.

    This is just in. Thanks for posting Leo07.

    Please Please Please call Cornyn office right now.




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  • vjkypally
    07-20 09:42 AM
    BTW how did Obama vote?????



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  • gonecrazyonh4
    04-25 08:52 PM
    We stood in the backlog queue. 3 years. 4 years. Now, we are standing in the I-485 adjustment of status (to apply) queue.

    Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.

    I dont expect the wait to be any less longer .. But I would surely welcome priority date being based on H1 start date as it would be more fair method




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  • yabadaba
    11-15 02:30 PM
    ^^^^



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  • chanduv23
    05-15 09:52 PM
    Looks like the effect of congressional office. I have soft LUDs on my I-485 and second MTR on 05/15/2009

    Well, there you go. I am sure your congress liason will give you some good news next week.




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  • susie
    07-15 11:30 AM
    1 of 2 posts



    Default No Protection for Nonimmigrant Children Because of the Age-Out Problem
    No Protection for Nonimmigrant Children Because of the Age-Out Problem

    The Impact US Immigration Laws on Children

    The impact of US immigration laws on children generally is profound. This is due to the fact these laws are complex and are written substantially with adults in mind. Overall the immigrant laws try to balance various and sometimes competing aims including (but in no particular order):

    * Improving the economy by providing access to skilled foreign workers and investors;
    * Ensuring family unification, for citizens, permanent residents and nonimmigrant residents;
    * Promoting diversity, such as through the lottery program; and
    * Maintaining the security of the nation, through border controls, immigration checks etc.

    This article focuses primarily on the issue of family reunification and looks at one specific area in which the US immigration system is failing; the rights of children. One of the intriguing aspects of US laws is the concept of age outs. This separates two categories of children; those under the age of 21 and those who have attained the age of 21.

    For example, in relation to immigrant petitions where a family member is being sponsored, the petition may also apply to the spouse and children of the family member being sponsored, but only where the children are under 21 years of age. Unfortunately, immigrant visa processing can take many years depending on the category of sponsorship and, while the petition is pending, many children age out (turn 21 and are removed from the pending petition). This results in situations where siblings are split because the younger ones can immigrate by the time the petition is processed (because they are still under 21), but the older siblings cannot (because they turned 21 while the immigrant petition was pending). The Child Status Protection Act of 2002 aims to address this issue, but does not deal with all circumstances and is not always appropriately implemented causing many families to split.

    Another example, and which this article focuses on, relates to nonimmigrant visa holders. Many nonimmigrant visa categories enable the foreign national (�alien�) visa holder to bring their family with them, including their spouse and children (who are under 21). A child could come to the USA, including when they are babies, be brought up in the USA but when they reach 21, unless they have another right to remain in the country, they are forced to go to their country of citizenship or any other country willing to invite them. However, they would have to leave their home and their family in the USA.

    Children as Derivative Nonimmigrant Visa Holders with no Direct Path to Permanent Residency

    US immigration laws enable many aliens to come to the USA for various purposes. This includes, but is not limited to:

    * Investing in the USA, either directly through an E2 visa or through an expansion of a non-US business into the USA through an L1 visa (which enables intercompany transferees);
    * Employment opportunities, so US employers could petition an alien on a nonimmigrant basis (for example H-1B (specialty occupations), H-1B1 (Chile/Singapore Free Trade Agreement) and H-1C (nurses)) or multinational businesses with US operations could transfer an alien to its operations in the USA through an L1 visa;
    * Aliens with extraordinary ability or achievement through an O1 visa and other workers to assist in the performance of O1 workers through an O2 visa; and
    * Religious workers through an R-1 visa.

    The above examples are (non-exhaustive) examples of visas on which aliens enter and reside in the USA for a long-term basis. Such nonimmigrant visa holders may also bring their spouse and/or children with them as nonimmigrant holders. These visas for spouses and children are known as �derivative� visas and are valid for as long as the �principal� visa is valid. For example, if an H-1B employee loses their job without getting a new job, not only do they lose their visa status but so do the derivative visa holders.

    At first glance this seems to be a reasonable state of affairs. However, there is a unique, but not uncommon, problem that results from �aging out,� i.e. where children who were under 21 come to the USA but lose their derivative visa status on their 21st birthday. They must leave the USA, in effect their home, unless they have another basis to stay home. They will also be split from their Parents and younger siblings who will be subject to same problem when they turn 21, unless of course they were born in the USA in which case they are US citizens (this right does not apply to the children of any person in the USA in the capacity of a foreign diplomat).

    Jack, Mary and Sundeep

    Consider this. Two children, Jack and Sundeep, come to the USA from the UK as children, because their respective parents are nonimmigrant visa holders. They have no choice in the matter because separation from their families is clearly not an option.

    Jack lives in Detroit, Michigan and lived there ever since he arrived in the USA as a derivative visa holder during his kindergarten years. Sundeep lives in Long Island, New York and arrived in the USA as a derivative visa holder when he was 13. Jack and Sundeep both went to high school in their local areas. Jack went to a State funded school and Sundeep went to a privately-funded school. Both Jack and Sundeep have fully established their lives in the USA.

    Jack remembers only his US life since he came at such a young age. He embraces his new life, develops friendships and fully integrates into US society by being schooled under the US system. He has an American accent since he was five. Culturally, he is American in every way. He loves his Pizza, hangs out with his school friends, and loves watching films and playing sports. He does very in school. He maintains a 4.0 GPA, is captain of the football team has been elected class President. He aspires to go to university. He wants in particular to go to the University of Michigan and play for the Michigan Wolverines. He is smart enough and good enough to do both.

    Sundeep came to the USA much later. He has clear memories of his life in the UK. At first he found it very difficult to adjust to the new system. He had no friends and had to work hard to build friends. He loves soccer and was a West Ham supporter in the UK. He continues to be so. However, people aren�t into soccer in his school. However, by the time he turns 15, Sundeep has made a lot of effort to change. He is fully comfortable with the school system, has grown to understand and love basketball and football, and has made many friends. He is an above average student academically, but does not really have any aspirations to go to university.

    Jack sees himself as American in every way. Sundeep also sees himself as an American but realizes and appreciates he has some differences giving him a unique US-UK-Indian cultural identity. Both fully support America in every way including singing the national anthem whenever the opportunity arises such as in school.

    Jack also has younger sister, Mary. She was born in the USA and so has a constitutional (14th Amendment) based right to US citizenship. However both siblings have very different rights. When Jack turns 18 he can�t vote, but Mary can vote when she turns 18. Jack can�t join the military, but Mary can. It�s very strange how two people brought up in the same environment can be subject to very different treatment.

    Limited Solutions to Aging Out

    Adjustment to Permanent Residency Status

    The age out problem can be partly circumvented in various but specific ways. However, this means children who have been in the USA for long periods before turning 21 can be subject to very different treatment, simply based on the type of visa their Parent(s) entered the USA on and the type of visa they currently hold.

    For example L1 visa holders and employee visa holders may adjust their status to permanent residency. Their employer may later sponsor them for a new employment-based immigrant visa and once this is processed an employee may adjust, with his or her spouse and children (under 21) to permanent resident status.

    Most E-2 visa holders do not have a basis to convert to permanent residency. One rare exception may be where the business expands to an investment value of $500,000 in low employment areas or $1million in all other areas and has 10 permanent employees comprised of US citizens and/or permanent residents. In these circumstances the E-2 visa holder may convert to permanent residency on the basis of an EB-5 application. How many businesses in the USA owned by foreign national meet these criteria? Very few! Another rare exception may be where an E-2 visa holder is a single parent and marries a US citizen so that they may apply for an immigrant visa with the children as derivatives. They have to wait for the visa to be processed by the USCIS, but once approved there is no further wait required with the National Visa Center.

    However, the permanent residency solution is exceptional. They do not help the children whose parents remain in nonimmigrant status. Further, even where a Parent does become a permanent resident, it does not help children who already reached 21 before an immigrant petition is approved.




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  • Keeme
    03-06 05:57 PM
    To keep the HOPE high;) One more point to consider , remember a month back there was a information going around on the # of Cards ordered by USCIS? Man, all these crazy things going around with
    a) LUDs
    b) Name Check 180 days rule
    c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....

    Agree. I still blame name check 180 rule - a major decision by USCIS/FBI helped this backlogg to go from bad to worst.

    Name check 180 rule -it allowed thousands of people from EB1 / EB2 Row to get their 485 cleared and consumed major chunk of 2008/09 EB visas. Had it been not there, many old timers, would have used visas as their Name check would have been cleared before them.




    chisinau
    07-23 03:06 AM
    You are welcome!
    I am not sure about DS230, my attorney did it around 27 - 29 of June.




    Ramba
    04-28 11:11 AM
    As far as I remember, I (from California) was able to renew the license by mail. I did not have to go to DMV. So, these issues about I-797/I-94 needed for DL, are they coming up during a new DL or during renewal of license?

    Howz DL procedure in CA for 485 guys? I do not have H1B any my I-94 expired long time back. I have out of state licensce that expires in 2011 only. If I want to take CA DL, will it be a easy process? For how many years they give DL for 485 guys?



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