Thursday, June 16, 2011

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  • conchshell
    08-14 06:51 PM
    Guys good news from my side. Just got most awaited Card production Ordered emails for my wife and my son. I have not received the email for myself though. When I checked the status on Case Status Online site, I found that 485 for all three of us have been approved.

    My priority date was Oct 2004 at NSC. Came to US in Feb 2000, so almost 8.5 years of waiting is finally finally over. I hope that NSC picks up the pace and approve all the people who are current.

    Trust me!! I am not going anywhere. I will enjoy my green but at the same time will always work relentlessly to get the immigration reforms. I also prey from God almighty that all my friends/family members stuck in EB2/EB3 will also get their GC ASAP.

    Wish you all the best, even though I have crossed the fence towards the greener pasture, I am always there to lend you a hand and help you climb up and jump across the fence.




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  • 9years
    11-05 01:53 PM
    Did you get your I-140 receipt? What is the online status?




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  • sareesh
    07-16 12:44 PM
    Mailed check yesterday.

    Thanks,
    SG.




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  • ajitst
    07-23 01:04 PM
    USINPAC is not interested in Legal immigrants or anything to do with greencard issues, guys they have already got their's. They are more interested in faimily reunification and GC's for their relatives.

    I am not sure even democrats are with us in legal immigration. They are just trying to bundle this with illegal immigration issues and using it to negotiate with more business oriented republicans. I think IV should work more closely with republicans to decouple these two issues. I think its common misconception spread by American Indians (USINPAC) that democrats are pro-immigration.



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  • gchopes
    12-12 05:10 PM
    the visa bulletin song for EB2/3 I...yeh jo des hai tera..pardes hain tera...




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  • rsdang
    04-02 10:18 AM
    I hear you and for most part agree with you that USCIS - However bad they may seem - is still one of the best run government agencies...

    No need for you to trash another country to make your point... We are all foreigners here and know what happens in rest of the world...

    Chill... and BTW - USCIS does not give you a green card for sucking up... as you said there is a system and a process in place in US our Karm bhoomi...



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  • let007live4ever
    02-07 09:15 AM
    AP isn't appoved yet. I have to wait for the approval in order to use that upon reentry.

    And yes someone can surely mail me the document. In that case I just have to hope the AP dosen't have any misprints or something.




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  • Bpositive
    06-24 11:10 AM
    Constraints to doing work to your fullest potential, negatively impacts the individual and the society which he/she is part of...so personal loss is loss for the society...

    And of course, the longer term impact is that the US won't attract the best talent...



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  • hebron
    10-29 08:56 AM
    Hi Hebron,

    I have filed EB2 & EB3 with the same company (As explained earlier). EB3 as Programmer Analyst and EB2 as Database Adminstrator ( MS + 2 yrs exp.). I think it is better to take some expert attorney advice on your case. It does not hurt if you consult ( or crosscheck ) with some other attorney about your case. Most of the legal experts charge around $250 to evaluate your case and suggest.

    Best of Luck to you.

    Thanks.


    Hi 9Years,

    Thanks for the information! I will consult a another attorney.

    I was looking up the SOC job codes and I noticed is that in your case the SOC job codes are different. (Programmer Analyst 15-1021.00 and Database Administrator 15-1061.00.)
    In my case both Software Engineer and Principal Software Engineer falls under the same SOC code.

    This could be why my attorney thinks my case is not portable with the same employer.




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  • franklin
    07-21 03:23 AM
    Defense bill is currently on hold. This amendment is for HR2669.
    Amendment Number: S.Amdt. 2339 to S.Amdt. 2327 to H.R. 2669 (College Cost Reduction Act of 2007 )

    H.R.2669
    Title: To provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008.

    Sorry, I'm still confused, but it is entirely possible its my misunderstanding of American Senate and House of Representatives proceedings. How does a Senator add an amendment to a House of Representative bill?

    Are we talking about 240,000 greencards to recapture or 2,400,000?

    By the way - just because you make the letters huge and bold, it doesn't make it easier to comprehend.



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  • pani_6
    09-22 09:05 PM
    actually it is better to concentrate on the call campaign for the recapture ..if that happens then I guess it will solve many things ..btw I am EB3 too

    Yes Sir..Right now its the HR Bills..I am the originator of the thread..no offense meant..;)




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  • newbie2020
    04-30 04:17 PM
    Yes it is legal to upload it, Since it is a public domain file. (Judiciary committee/USCIS may also make it available to public for review)



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  • beppenyc
    03-16 08:35 AM
    any update?




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  • espoir
    07-24 03:38 PM
    EB5 doesn't need I-140. In fact EB5 does not apply with I-485, EB5 application# is I-526. Either we are missing out some crucial information on LuckyPaji's case or he is having little fun at our expense. They haven't even completed receipting June 29 cases. This guy is just playing with us or his dates are completely wrong.


    Since LuckyPaji mentioned his brother came on investors visa, I'm thinking even he applied under INVESTOR CATEGORY-EB5..

    Probably he is right that he got EAD, 140 and 485 receit notices etc...:) ..
    Anyway he is not sure about his category..So it could be EB5 which was NEVER retrogressed..



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  • H1Girl
    03-31 12:54 PM
    Do not think about inabilities of USCIS or it's management. I strongly believe that they do this intentionally. This will help US Citizens in general by reducing unemployment and at the same time grabbing Tax from us...

    They want our tax and we want to stay in their country. USA is best known for this kind of strategies...




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  • cpolisetti
    07-21 02:31 AM
    That is exactly what I thought as well. Which is why I'm confused by posters ranting about "people who voted against SKIL bill" and getting their knickers in a twist


    Defense bill is currently on hold. This amendment is for HR2669.
    Amendment Number: S.Amdt. 2339 to S.Amdt. 2327 to H.R. 2669 (College Cost Reduction Act of 2007 )

    H.R.2669
    Title: To provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008.



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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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  • mpadapa
    06-10 12:04 PM
    Yes there was an organization just like IV which was instrumental in getting the AC21 provision. I just don't recollect the name probably IV core folks can provide more details.
    Those time were different economy was booming and the anti-immigrants orgs esp against legal folks were non existent. Moreover EB folks had big uncertainty after 6yr clock on H1 expires. But now it is different, EB folks are busy tracking receipts and are happy with EAD and AP. SO who cares about rallying for a bill/amendment?

    Visa numbers have been recaptured in the past (year 2000, I think).

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

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

    Perhaps we can borrow some of their wisdom.




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  • indio0617
    03-09 12:28 PM
    Guys a little confused.

    How does removing the cap from Schedule A, benefit the rest of us?


    Nurses from India, Phi also eat up EB3 numbers beyond their alloted .... My understanding is that they will not compete for any eB3 numbers after this...




    jetflyer
    02-24 08:29 AM
    Your situation is similar to mine and I am sure lot more IVans are going thru the same.
    I am in US for 10 years on H1b + EAD, and almost every day I attempt to weigh my options. It gets even tempting for people from India and other similar economies where finding a job is now piece of cake (for skilled worker). I also got carried away with American Dream and got into cars, house etc. assuming Legal Immigration is a sure shot in the land of opportunity, its just matter of time due to slow process but once you are in the line you are pretty much set. But now after so many years, situation doesn't looks that promising, especially after leaving what we had backhome, missing opportunities that other who-stayed have enjoyed, and now tempted to leave what we have build in US, brings me to square one. But I must solidify my ground before moving forward, and hence as long as I have job and I am confident that I will have a job no matter how bad economy turns, I will keep serving this country, and when I find that I have to make unreasonable sacrifices I will quit and happily goto any other booming economy, it could be India, Brazil, or any other country but with solid PR prospects, where I don’t have to giveup my career advancements, and I can plan for long term.

    Good Luck & hang in tight.




    eb3_nepa
    07-06 12:53 PM
    What the USCIS has done today is what they call "Locking the stables AFTER the horse has bolted" ;)

    What a bunch of idiots, i swear this is WORSE than ANY of our home countries. Like I told my friend yesterday, atleast if the USCIS call center was based in India, the answers would have been consistent. They may have all been Wrong, but atleast they would be consistent.



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