losthope
06-11 08:11 PM
Great Details!! Everything is possible...someone has to sacrifice for people to listen
I would like to bring another point . What is the stand from the immigration attorney on recapturing visa number? Can't they do something on pushing on this? They made allot of money from immigration petition filing
I would like to bring another point . What is the stand from the immigration attorney on recapturing visa number? Can't they do something on pushing on this? They made allot of money from immigration petition filing
thomachan72
06-04 01:13 PM
why not ? 140 and 485 can be filed at same time if dates become current.
Thats exactly what I asked. How come your dates are current? Is your PD 2005? Just curious because if your LC was obtained recently, how could your PD be so early to become current? Now this is only a problem for countries like Indian and China. For the rest of the world everything is current I guess. Good for you anyway.
Thats exactly what I asked. How come your dates are current? Is your PD 2005? Just curious because if your LC was obtained recently, how could your PD be so early to become current? Now this is only a problem for countries like Indian and China. For the rest of the world everything is current I guess. Good for you anyway.
h1techSlave
08-14 01:07 PM
If we can collect some data regarding the home purchasing trends among skilled immigrants vis. their GC status, that would be great.
For example:
% of people who have a home while they are in H1B status: a%
% of people who have a home while they are in EAD status: b%
% of people who have a home while they are in GC status: c%
% of people who have a home while they are US Citizen: d%
If we can collect the data for the variables a, b, c and d and if the value of c is significantly higher than a or b, then we do have a strong case.
But how will we collect data for a, b, c and d? I do not know?
This is the third place where I am posting this ..well why not ..In my view this is worth a shot since greenspan is also talking about it.
-----------
http://news.yahoo.com/s/nm/20080813/bs_nm/usa_economy_greenspan_dc
-----------
Former Federal Reserve Chairman Alan Greenspan predicts U.S. house prices will begin to stabilize in the first half of next year, the Wall Street Journal reported on Wednesday.
ADVERTISEMENT
Greenspan also offered a novel suggestion to bolster the housing market -- increase the number of potential home buyers by admitting more skilled immigrants
For example:
% of people who have a home while they are in H1B status: a%
% of people who have a home while they are in EAD status: b%
% of people who have a home while they are in GC status: c%
% of people who have a home while they are US Citizen: d%
If we can collect the data for the variables a, b, c and d and if the value of c is significantly higher than a or b, then we do have a strong case.
But how will we collect data for a, b, c and d? I do not know?
This is the third place where I am posting this ..well why not ..In my view this is worth a shot since greenspan is also talking about it.
-----------
http://news.yahoo.com/s/nm/20080813/bs_nm/usa_economy_greenspan_dc
-----------
Former Federal Reserve Chairman Alan Greenspan predicts U.S. house prices will begin to stabilize in the first half of next year, the Wall Street Journal reported on Wednesday.
ADVERTISEMENT
Greenspan also offered a novel suggestion to bolster the housing market -- increase the number of potential home buyers by admitting more skilled immigrants
Kodi
05-08 03:16 PM
I'm new to all this. What is the 45 day letter?
more...
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.
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.
ccv
02-12 10:00 AM
Finally, the day dawned for my Labor Certification ! Praise God !
more...
satyasrd
08-24 07:19 AM
Pappu and IV seniors -
Do any of you know and if so could you please clarify what this new memo is about and how it especially affects the EB2 category ?
Does this now mean that for a non-advanced degree holder the qualification needed for EB2 is Bachelors+10 years of ex. ? If this is true it's really messed up for all the EB3's hoping to port to EB2 based on experience.
Thanks.
Do any of you know and if so could you please clarify what this new memo is about and how it especially affects the EB2 category ?
Does this now mean that for a non-advanced degree holder the qualification needed for EB2 is Bachelors+10 years of ex. ? If this is true it's really messed up for all the EB3's hoping to port to EB2 based on experience.
Thanks.
pappu
10-02 07:37 PM
IV was able to get an op-ed published today
http://immigrationvoice.org/forum/showthread.php?p=27239#post27239
by Pankaj Kakkar.
We have an opportunity to get more op-eds published. If other members would like to write op-eds they can submit on this forum and PM me their contact details.
http://immigrationvoice.org/forum/showthread.php?p=27239#post27239
by Pankaj Kakkar.
We have an opportunity to get more op-eds published. If other members would like to write op-eds they can submit on this forum and PM me their contact details.
more...
yoda
09-13 05:32 PM
Last 24 hours had been more intense but fruitful ...
Sent to 30,000 press worldwide
Is there any media organization left to be notified? :)
Sent to 30,000 press worldwide
Is there any media organization left to be notified? :)
doknek
06-10 05:05 PM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
First one did happen today. So, how much are you going to contribute then?:D
visa recapture - no chance
visa increase - will not happen
still contribute??
First one did happen today. So, how much are you going to contribute then?:D
more...
susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
LuckyPaji
07-24 02:21 PM
I don't know much about the process, I just came to America less than 1 year back, but I know my lawyer was supposed to mail application to reach on July 2, 2007 instead he made a mistake to reach on June 29, 2007 because he said July 1, 2007 was a Sunday so he would rather be early than late. USCIS accepted and receipted me.
I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D
I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D
more...
485Mbe4001
01-03 03:59 PM
good topic and reply.
Maintaining GC is a big hassle you have to return every year (2years for the first time i think). Couple of Infosys blokes (with GC) that i know had discussed this with the company before joining and the company sent them within 2years on a short term projects to the US.
If you have a US citizenship then you can opt for a dual citizenship. That might help you get a job directly in India (dont know the rules, just guessing)
This thread is long time coming, and thank you for starting this. This is a question often discussed in friend circles, but most people I know hesitate to take a position. I think the anonymity of this forum will let us express ourselves more honestly...
When I came to the US 6 years ago, I had deliberately made the decision not to decide in the first couple of years about staying on or returning back after sometime. I had seen too many friends and relatives who all said "don't worry, we'll back in a couple of years" and never made it back. Marriage, kids, school, house, GC...Citizenship...it kinds of gets on you. And before you know, your kids are making the decision for you. I know of a couple of families with grown up kids who moved back to India only to move back to US because the "kids could not adjust". It's not hard to read between the lines that "we also could not adjust".
As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
- if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
- if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?
Maintaining GC is a big hassle you have to return every year (2years for the first time i think). Couple of Infosys blokes (with GC) that i know had discussed this with the company before joining and the company sent them within 2years on a short term projects to the US.
If you have a US citizenship then you can opt for a dual citizenship. That might help you get a job directly in India (dont know the rules, just guessing)
This thread is long time coming, and thank you for starting this. This is a question often discussed in friend circles, but most people I know hesitate to take a position. I think the anonymity of this forum will let us express ourselves more honestly...
When I came to the US 6 years ago, I had deliberately made the decision not to decide in the first couple of years about staying on or returning back after sometime. I had seen too many friends and relatives who all said "don't worry, we'll back in a couple of years" and never made it back. Marriage, kids, school, house, GC...Citizenship...it kinds of gets on you. And before you know, your kids are making the decision for you. I know of a couple of families with grown up kids who moved back to India only to move back to US because the "kids could not adjust". It's not hard to read between the lines that "we also could not adjust".
As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
- if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
- if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?
amits
07-18 02:05 PM
Yesterday I contributed $500 one time.
Today I have scheduled $50 per month as well.
I agree with those who say IV should start taking a Membership Fee. Even a token amount of membership fee like $10 per month would make a huge difference.
Core team, request you to please consider this suggestion very seriously.
Thanks!
Today I have scheduled $50 per month as well.
I agree with those who say IV should start taking a Membership Fee. Even a token amount of membership fee like $10 per month would make a huge difference.
Core team, request you to please consider this suggestion very seriously.
Thanks!
more...
lkyme
04-25 12:13 PM
That is a wonderful proposal and should be given due weight. Despite the early arrival, an individual may not filed his/her GC due to several reasons. Most commonly found / heard are
1. Company closures/ Layoffs / Transfer to different state
2. Employer / attorney delay and / or fraud in filing GC
3. Delays in processing Labor in certain states / backlog centers
This proposal seems a ray of hope for people in the above category. God bless Rajeev74 and all. Let this be heard and got attention at the policy level.
1. Company closures/ Layoffs / Transfer to different state
2. Employer / attorney delay and / or fraud in filing GC
3. Delays in processing Labor in certain states / backlog centers
This proposal seems a ray of hope for people in the above category. God bless Rajeev74 and all. Let this be heard and got attention at the policy level.
chandsri81
05-14 07:19 AM
Hi
BOA is now asking me for I-94. In my I-94 it is stamped as"Paroled until July 29th 2010" - will they interpret this as my valid stay in the US being only till July 29th? Not sure how I can explain this to them
Chandana
BOA is now asking me for I-94. In my I-94 it is stamped as"Paroled until July 29th 2010" - will they interpret this as my valid stay in the US being only till July 29th? Not sure how I can explain this to them
Chandana
more...
chaukas
03-17 01:12 PM
BTW , I have been a monthly contributor for years and also contributed to other special occasions :) . Still patiently waiting for access to the donor forum.
himu73
07-19 11:16 AM
Only lawyer or the employeer contact can call for labor status queries. DOL does not know you exist. Be careful there is no relation between labor and green card AOS. If you call it shows that you intend to immigrate while on H1. It might work against you.
Can anyone please post a 'sample letter' and the contact information?
I want to post a hard copy of the letter personally to the Atlanta center.
Stuck since April 15th.
Can anyone please post a 'sample letter' and the contact information?
I want to post a hard copy of the letter personally to the Atlanta center.
Stuck since April 15th.
chanduv23
04-26 04:47 PM
My H1 extension is under process. I had applied in Dec 2006. My DL expires on May 6. Is it possible to renew my license with the H1 extension receipt?. Is it possible to do Premium Processing now?
Not sure about NJ, but in NY they want to see your i94 that is attached to your approval notice if you dont have a valid stamp.
You do have time for premium processing but also find out locally if you can go back with an expired DL (expired within a month or so) , in most DMV I think they permit extension of expired DL. I am not sure about it, but You may want to verify.
Not sure about NJ, but in NY they want to see your i94 that is attached to your approval notice if you dont have a valid stamp.
You do have time for premium processing but also find out locally if you can go back with an expired DL (expired within a month or so) , in most DMV I think they permit extension of expired DL. I am not sure about it, but You may want to verify.
sagis99
08-08 11:06 AM
Lets all try to send this letter. I'm working with my HR to get this 7001 out - As Pappu said there should not be any reason why HR wont sign that form.
What's going on at NSC or TSC is Shame.... Peoples who applied in AUG-SEP 07 has got 140 approved at NSC where as folks back in APR-JUNE 07 is stuck and more over NSC claims that they are processing MAR 22 07 for last 5 months.
This deserves attention - I'm trying to ratchet up some pressure via Congressman and Senator's office but they are very busy these days with Presidential election , so i'm not getting the kind of help that they generally do.
It's always nice to get some kind response like this. thanks.
What's going on at NSC or TSC is Shame.... Peoples who applied in AUG-SEP 07 has got 140 approved at NSC where as folks back in APR-JUNE 07 is stuck and more over NSC claims that they are processing MAR 22 07 for last 5 months.
This deserves attention - I'm trying to ratchet up some pressure via Congressman and Senator's office but they are very busy these days with Presidential election , so i'm not getting the kind of help that they generally do.
It's always nice to get some kind response like this. thanks.
Libra
09-11 11:30 AM
OMG, thank you so much coopheal. :cool:
IV rocks�.. Just made contribution of 500$
Cannot come to rally because of personal reasons. Feeling terrible about that�.
Order Details - Sep 11, 2007 10:46 AM CDT
Google Order #636002683618849
IV rocks�.. Just made contribution of 500$
Cannot come to rally because of personal reasons. Feeling terrible about that�.
Order Details - Sep 11, 2007 10:46 AM CDT
Google Order #636002683618849
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