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  • gc_check
    03-05 09:46 PM
    My PD is March-2003 and I didn't get the labor cleared till Late 2006

    I just can't help wondering how did you get your labor in 2004 with the PD of May-2003? How come snake of BEC didn't bite you? :)

    Prior to BEC, the Labor certs need to clear the state and then regional processing center. Stated like NJ, NY, CA, etc the wait time for Labor was years, while Iowa, MA, etc cleared labor in few months and many lucky folks got the GC from start / labor to 485 approval in 15-18 months... The unlucky ones (me included) are stuck now even with earlier PD in AOS... Hope something good happens in second half of FY09 atleast.... for all




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  • santb1975
    05-29 03:54 PM
    His name should be on the list

    vadicherla has contributed $100 and updated the old contribution thread...




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  • susie
    07-15 11:32 AM
    2 0f 2



    Jack, Mary and Sundeep

    Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.

    Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.

    Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).

    He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.

    Education

    Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.

    If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.

    To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:

    1. Has a residence abroad;
    2. Has no immediate intention of abandoning that residence; and
    3. Intends to depart from the USA upon completion of the course of study.

    Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,

    it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]

    However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.

    Jack

    Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.

    Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.

    During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.

    However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.

    The Need for Reform for the Children

    Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!

    Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:

    * He is not allowed to live in his home with his friends and family automatically;
    * The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
    * The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.

    The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.

    Help for the Children of Illegal Migrants: The DREAM Act

    Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.

    Reporting Errors

    This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.




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  • Green.Tech
    06-18 04:31 PM
    No one but you need to work for yourself in this GC mess.



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  • Mouns
    04-30 03:56 PM
    I am very disappointed. I was hoping for more relevant questions, and more to the point:
    Why is it such a mess? What is being done?

    It is just all bad. And yet I am current so I shouldn't complain. But man, this system is surely broken.

    Good luck to you all.




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  • jonty_11
    07-06 05:44 PM
    7/06/2007: Temporary Restraining Order of July Visa Bulletin Lawsuit Filed in the U.S. District Court for the Northern District of Illinois as Separate from AILF Class Action

    * On July 6, 2007, the attorneys of Azulay, Horn & Seiden lawfirm filed this lawsuit individually in Illinois.
    Ok here I go again in this Chicken and Egg situation......

    Now that someone filed a lawsuit to invalidate the July VB, which BTW is still CURRENT.......it could invalidate the CURRENT sttatus....of all Eb categories....precisely what DOS USCIS wants....

    My head is spinning.......Beer anyone?



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  • at0474
    04-01 11:34 AM
    If the system is flawed, any effort to work it out to get things done would seem incompetent and inefficient. First off, this guessing game by USCIS of estimating visa applications and asking for visa numbers from DHS is so neondartal and ridiculous.

    Process must be automated and centralized to eliminate any human intervention in performing guesstimates. A pool of visas must be made available in the system and must remain available for the next year to be carried over if needs be. That would eliminate pressure on officials to play the game in the dark and rush like maniacs at the end of the fiscal year to catch frogs!




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  • h1techSlave
    09-01 12:59 PM
    I came in July 1998.



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  • mangelschots
    07-16 01:49 AM
    I live in Rancho Cucamonga (Inland Empire)
    I think Orange County is a good place, as it is a tech center and will be less associated with illegal immigration.
    I always like the Beach area.




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  • GayatriS
    01-05 08:06 PM
    I have been confused by some of the things Professor Wadhwa says -- being opposed to H1 visas and saying there are no shortages of engineers. I saw this video on Youtube which explained everything to me. He is acting like a true American -- like we should once we become citizens. He is advising America on how they can stay competetive -- like all of us want for this great country. But he is also saying that the real solution is for America to welcome immigrants as permanent residents rather than on temporary visas.

    Now I understand his message -- if you want to bring in the best from all over the world, bring them here on green cards -- not H1 visas. I also read one of his interviews where he said he was concerned about how H1 workers were taken advantage of and how they lived in immigration limbo. He really does care about doing what is right for all of us.

    I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.

    Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY

    Gayatri



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  • vengaiah
    10-17 05:02 PM
    fromcisombudsman <Cisombudsman@dhs.gov>
    toVengi Mutthineni

    dateFri, Oct 17, 2008 at 2:49 PM
    subjectRE: Please consider the request
    mailed-bydhs.gov


    Thank you for your recent inquiry.

    Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).

    Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.

    Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.

    Sincerely,

    CIS Ombudsman




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  • Administrator2
    03-12 06:26 PM
    All,

    Please understand few basic facts.


    Much of the work that we do is not on the website but behind the scene.
    We need resources to carry the message to the lawmakers.
    Resources are contributed by the members.
    All members do not contribute, and then there are those who contribute.
    We have created a specific area on the website where more serious members who are willing to open their wallets, could actively participate, and that will enable us to enlist more active members for the work that we do behind the scene.
    Its just one way for us to recruit serious members to help us with more active work and at the same time help to continue with the organizational goals.
    From time to time, we will also seek advice from the contributing members. And when we need more help, we will reach out to everybody on the website.
    Rest of the area on the forum will continue to be the way that it is right now and every member will continue to access it the way you access it right now.
    We are soon going to introduce new and more helpful features for everyone.


    Which part of this is not fair? Why can't we all get along? Why do we have to argue and fight over everything?

    Please, its not helping this way.



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  • skv
    06-20 01:14 PM
    Atalanta sucks


    Yes, maybe we try for pre-approved labor before July end?




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  • santb1975
    05-31 09:04 AM
    Yes we have to



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  • needhelp!
    09-10 03:26 PM
    Thank you k3GC, ngodisha, Karthikthiru, deba, watcher , ek_akela, mpadapa




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  • funny
    09-12 01:44 PM
    At least I won't give u red dots if you can enlighten us how to get us out of this mess. And yes, we do want our green card so I don't think we can stop the process or stop spending money on that. Also please advise us how to bring all 70K people under one umbrella?

    I am in too...How can we organize all the members...70,000 is a lot of people, Any thing done effectively and efficiently will make an impact.



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  • tikka
    07-19 02:17 PM
    Contributed $100 today, earlier contribution $50.

    Order Details - Jul 19, 2007 2:28 PM EDT
    Google Order #464374160968946


    so much for your contribution... :)




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  • gc_on_demand
    04-30 03:11 PM
    When this will end ? and will they put recording or transcript ?




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  • vedicman
    05-03 01:16 PM
    Thanks, we expect some of the offices will say this. There can be lot of answers to this question. One way to respond is -

    "For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.

    I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
    giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"


    Please always end the call on a cordial note thanking the Staff member.

    This makes perfect sense, and thanks for the suggestion, it definitely came to use when I called the office today.

    When my statement was put in this angle, Sen. Brown, Sen Greg, Sen McConnell's office took note of it, and thanked me. I told them that immigration is being held hostage with words like amnesty, and if such rhetoric is taken out, common solutions can be found between reps and dems.




    lordoftherings
    06-20 10:27 AM
    I was wondering which center my PERM app will go? Atlanta or Chicago? My co is detroit based. I am just filing now, so if it goes to chicago, there is a chance that I can file my I-140 before 1st October deadline (assuming the new CIR becomes law) .

    any clues?

    lotr




    h1b_forever
    09-01 04:31 PM
    It would be interesting to know how many have switched from EB3-eb2 who have more than 10 years exp



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