kvrr
05-30 06:52 PM
I reside in Minnesota. My H1 expired in Dec 2006. Applied for 3 year H1 extension in Oct 2006 based on approved I-140. H1 extension approved on Feb 5, 2007. I received H4 extensions for my family. My H1 extension was lost in the mail. Contacted USCIS on phone a minimum 100 times and local senator's office. Local senator's office called the DMV and requested they extend my license temporarily for 3 months. Meanwhile I filed I-824 for duplicate copy and my lawyer filed I-907 for premium processing. Both were rejected. Last night I searched through google and sent mail to 4-5 mail addresses at CSC. Also called CSC for the last 2-3 days. Today I got a mail "Duplicate notice sent." I do not know whether it is a duplicate approved notice or instructions on how to reapply. Life is hell if document is lost in mail.
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chisinau
10-05 01:13 AM
Maybe I am wrong , but I cannot see it on Thomas, among those which passed along with HR 1585. Check it out, and share your opinion.
Kodi
06-21 11:00 AM
I checked with my lawyer today. They only received 2 approvals since January.:eek: This is pathetic.
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arnab221
06-20 10:45 AM
Delays at DOL PERM Processing Center in Atlanta to End Soon!
Posted May 11, 2007
�MurthyDotCom
A number of inquiries have come to us regarding delays in PERM labor certification case adjudication. Beginning early in 2007, there has been a noticeable slowing in case processing at the U.S. Department of Labor (DOL) Atlanta Processing Center. This center is one of two locations where PERM labor certifications are adjudicated. The other location is in Chicago. This slow-down is a marked change from the generally fast PERM labor certification decisions that had become the norm.
�MurthyDotCom
Personnel Reassigned to H2B Cases
�MurthyDotCom
We at the Murthy Law Firm made inquiry about this matter, to gain some insight into why things had changed, and, of course, to determine how the situation might be improved. We were advised that personnel temporarily had been reallocated away from the PERM cases. The Atlanta Processing Center also processes temporary labor certifications needed in H2B cases. Due to demand and time constraints, personnel were diverted to work on the temporary labor certifications, which meant delays in the PERM labor certifications.
�MurthyDotCom
Changes Expected in the Near Future
�MurthyDotCom
Our sources indicate that the DOL adjudicators in Atlanta will be moved back to their regular responsibilities of processing PERM cases in the near future. Thus, PERM cases there should start moving again soon.
SKY,
I am in the same scenario as you since my firm is headquarted in NY . Can you check with your attorney about the processiing times they are seeing for labors filed with the Atlanta processing center . My law firm says that the processing times are more or less the same for Atlanta and Chicago .
Posted May 11, 2007
�MurthyDotCom
A number of inquiries have come to us regarding delays in PERM labor certification case adjudication. Beginning early in 2007, there has been a noticeable slowing in case processing at the U.S. Department of Labor (DOL) Atlanta Processing Center. This center is one of two locations where PERM labor certifications are adjudicated. The other location is in Chicago. This slow-down is a marked change from the generally fast PERM labor certification decisions that had become the norm.
�MurthyDotCom
Personnel Reassigned to H2B Cases
�MurthyDotCom
We at the Murthy Law Firm made inquiry about this matter, to gain some insight into why things had changed, and, of course, to determine how the situation might be improved. We were advised that personnel temporarily had been reallocated away from the PERM cases. The Atlanta Processing Center also processes temporary labor certifications needed in H2B cases. Due to demand and time constraints, personnel were diverted to work on the temporary labor certifications, which meant delays in the PERM labor certifications.
�MurthyDotCom
Changes Expected in the Near Future
�MurthyDotCom
Our sources indicate that the DOL adjudicators in Atlanta will be moved back to their regular responsibilities of processing PERM cases in the near future. Thus, PERM cases there should start moving again soon.
SKY,
I am in the same scenario as you since my firm is headquarted in NY . Can you check with your attorney about the processiing times they are seeing for labors filed with the Atlanta processing center . My law firm says that the processing times are more or less the same for Atlanta and Chicago .
more...
chi_shark
03-02 05:24 PM
well said and I concur!
I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.
During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.
So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.
If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.
It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....
I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.
During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.
So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.
If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.
It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....
vandanaverdia
09-13 11:13 AM
milind123 & sam2006:
Hats off to u guys... U r doing a fabulous job!
All those who havent contributed so far, pls come forward!
Help IV help you...
Hats off to u guys... U r doing a fabulous job!
All those who havent contributed so far, pls come forward!
Help IV help you...
more...
Green.Tech
06-05 06:22 PM
Hoolabalooo...
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h1b_forever
03-04 09:57 AM
I can understand rejecting loans for H1 since it is supposed to be temporary employment, but it does not make sense to reject for people on EAD.
I am in the process of refinancing, but I provided my H1 papers instead of EAD and my application was approved.
It is possible each company has a different policy. I went through Wells Fargo this time.
I am in the process of refinancing, but I provided my H1 papers instead of EAD and my application was approved.
It is possible each company has a different policy. I went through Wells Fargo this time.
more...
chi_shark
06-11 12:56 AM
if the orignial post on this thread is really true, then eb2/eb3 india/china with p.d. older newer than 2002 should basically pack whatever they have so far and leave... is that a fair reading? does anyone care to ammend my statement to perhaps "newer than 2003 [or 2005]"?
At least this clears up any hopes from future Visa Bulletins. What's next?
At least this clears up any hopes from future Visa Bulletins. What's next?
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axp817
12-02 03:15 PM
So I had another set of soft LUDs on my approved 140, 485, approved EAD and approved AP today. This was the 4th LUD on my 485 and the 3rd LUD on the rest of the applications in the past week, and I was losing my mind worrying about receiving a denial or an RFE just before my trip abroad, leaving me with not enough time to respond to the RFE.
So I decided to call Customer Service, and after trying a million options on the voice prompt I finally managed to reach the Nebraska Service Center.
Upon inquiring about the LUDs with no status change, I was told that it was triggered due to the attorney name change and address change. My address that they had on file was also an old one, from 2 years ago. I have since moved, and done the online AR15 thing and received my EAD at the new address, so I'm not sure why/how the system showed the old address. But anyway, the lady on the phone was kind enough to change it to the new address. I didn't bother asking her if they had received the AC21 letter, I wasn't going to take the risk of having to argue with someone on the phone that switching employers is allowed under the AC21 law, etc. I was just happy to find out that the G28N had processed successfully and that I didn't have to expect a denial or RFE at least in the near future.
Apologies for the long post, but I thought that my tale might help someone that is getting anxious over a similar situation.
Thanks,
So I decided to call Customer Service, and after trying a million options on the voice prompt I finally managed to reach the Nebraska Service Center.
Upon inquiring about the LUDs with no status change, I was told that it was triggered due to the attorney name change and address change. My address that they had on file was also an old one, from 2 years ago. I have since moved, and done the online AR15 thing and received my EAD at the new address, so I'm not sure why/how the system showed the old address. But anyway, the lady on the phone was kind enough to change it to the new address. I didn't bother asking her if they had received the AC21 letter, I wasn't going to take the risk of having to argue with someone on the phone that switching employers is allowed under the AC21 law, etc. I was just happy to find out that the G28N had processed successfully and that I didn't have to expect a denial or RFE at least in the near future.
Apologies for the long post, but I thought that my tale might help someone that is getting anxious over a similar situation.
Thanks,
more...
rsamudrala
07-13 01:35 PM
Simi Valley
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Kodi
06-21 11:44 AM
I think what he meant is 20 since Jan till now. My attorney has 10 pending and the oldest is from Feb.
more...
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chanduv23
05-15 11:27 PM
Sometimes lawyers are used to their old ways of doing things. However, IOs are not the same people of the old. Most IOs are new hires and still in their learning curve.
I think the problem with your info. on USCIS screen is that the previously approved I-140 was changed to "denied" on same date it was approved. USCIS probably didn't have a log of the change.
The only evidence to prove that it was "approved" before is your copy of approval notice and it seems they don't believe the legitimacy of your copy. USCIS relied solely in their faulty database system.
Did you have a screen capture of the I-140 approval in CRIS? I screened captured mine just in case because it's another proof that one point in time, I-140 was approved.
He got info from USCIS through congressional liason that his 140 was indeed approved on the date when the IO claimed it was denied and it was indeed revoked when he got a denial. The revoke was initiated by his employer.
They seem to have all info proper. There is no faulty system. If there is faulty system, probably we have known by now with things never happening right
I think the problem with your info. on USCIS screen is that the previously approved I-140 was changed to "denied" on same date it was approved. USCIS probably didn't have a log of the change.
The only evidence to prove that it was "approved" before is your copy of approval notice and it seems they don't believe the legitimacy of your copy. USCIS relied solely in their faulty database system.
Did you have a screen capture of the I-140 approval in CRIS? I screened captured mine just in case because it's another proof that one point in time, I-140 was approved.
He got info from USCIS through congressional liason that his 140 was indeed approved on the date when the IO claimed it was denied and it was indeed revoked when he got a denial. The revoke was initiated by his employer.
They seem to have all info proper. There is no faulty system. If there is faulty system, probably we have known by now with things never happening right
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HV000
09-28 11:50 PM
Is it possible to send a letter to SEN.CORNYN AND REP.LOFGREN demanding USCIS to release BACKLOG NUMBERS upto date and NUMBER OF VISAS used up for 2007 year??
more...
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yestogc
06-11 08:56 PM
I am loving this post now ..................... mangoes ............. GC
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amitjoey
05-21 01:50 PM
I just came across this thread. Is this campaign still on?
You are welcome to call- If you did not do it earlier.
You are welcome to call- If you did not do it earlier.
more...
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unseenguy
02-08 05:33 AM
If the girl is working and earning money, she has all the rights to spend the way she wants, including giving money to her parents. If she is not working, then help should be based only on humanitarian basis because we never know when one's financial situation changes. I can't understand how any girl can force her husband to spend for her parents and siblings especially when she is not earning.
Absolutely wrong. If husband and wife are filing a joint tax return, it is wrong on her part to send money to her parents without informing her husband. Leave the taxes, it was simply wrong on a wife's/husband's part to do ANY major money transaction without letting your other partner know. Its equivalent of cheating (just financial cheating). Do you think it is ok for a man to send money to his parents?
Absolutely wrong. If husband and wife are filing a joint tax return, it is wrong on her part to send money to her parents without informing her husband. Leave the taxes, it was simply wrong on a wife's/husband's part to do ANY major money transaction without letting your other partner know. Its equivalent of cheating (just financial cheating). Do you think it is ok for a man to send money to his parents?
girlfriend Unlike past LEGO titles,
villamonte6100
04-01 02:19 PM
Who brought you to this country ? Do you have any kind of formal education or not ?? You don't understand the concept of Public office... USCIS is a public office they are answerable to public, taxpayers like me and others(I'm not sure about you). If each of us thought that way than we wouldn't be here, we have changed several things in the past and will continue our efforts to do so in the future, and BTW what are you doing here, get the H.O. of here...
Mirage,
I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.
We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.
I think the same is true in your country.
How would you think people in you country or governmnet would react if a foreigner start to question your immigation policy.
Think about that.
Mirage,
I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.
We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.
I think the same is true in your country.
How would you think people in you country or governmnet would react if a foreigner start to question your immigation policy.
Think about that.
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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.
sparky_jones
03-07 11:41 AM
Well, he is saying differently here. What the hell?
http://www.immigration-information.com/forums/showthread.php?t=7464
Whatever Ron "Gotcha!!", and Mathew "Oh!!" say should always be taken with a pinch of salt. :)
http://www.immigration-information.com/forums/showthread.php?t=7464
Whatever Ron "Gotcha!!", and Mathew "Oh!!" say should always be taken with a pinch of salt. :)
tinamatthew
07-22 10:48 PM
^^^^^
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