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  • ItIsNotFunny
    03-12 11:07 AM
    Pappu,

    I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.

    Rethink!




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  • coopheal
    03-09 10:06 PM
    Of all the wrongs in April VB +ve thing is EB3-I moved. It moved to the extent it moved last year (http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data).
    So for EB3-Is take console on these
    1) Horror of 245(i) (http://immigrationvoice.org/wiki/index.php/245(I)) are over.
    2) EB3-I may be over 2001 by start of next year.




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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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  • chi_shark
    02-23 01:38 PM
    Here start the fresh round of stories. Now we will hear many stories like this but don't know what to believe until it actually happens. I just hope (and pray) that what you said is true and Govt start treating legals and illegals separately.

    Thanks.

    So, did anyone else hear anything similar? i am VERY excited about this... but dont know anything about what to make of it... maybe he was just saying it because my face looked tense?????? ha ha ha... no seriously, i dont know what to make of him and his information...



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  • 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.




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  • diptam
    08-11 03:14 PM
    ssss,
    I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.

    Would you mind if i ask you when you've seen the LUD change before approval ?

    Thanks for your time !

    I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters



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  • DSLStart
    03-11 01:22 PM
    Congratulations! Best luck for your journey to U.S. citizenship ;)
    My application was finally approved yesterday after almost 7 years in queue. Here is the sequence of events right before the approval.

    RFE email on 02/13/09
    2nd Biometrics Notice received on 02/17/09
    Lawyer receives RFE for EVL, EAD cards and Marriage Certificate on 02/24/09
    Completed Code 3 Biometrics on 02/26/09
    Soft LUD immediately after Biometrics on 02/26/09
    USCIS receives RFE reply on 02/27/09, Hard LUD and email on the same day
    Another soft LUD on 03/02/09
    CPO email on 03/10/09
    Welcome email on 03/10/09

    My PD has been current for a long time, but my application had not been touched and then suddenly USCIS became a model of efficiency. I am sure they are opening applications and approving or RFE'ing all they can. Hang in there guys.




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  • Blessing&Lifeisbeautiful
    08-03 09:08 PM
    guys,

    any updates on the bridge bill for schedule A Nurses.
    Heard that it is proposed and not passed till today. Any future predictions. The healthcare shortage is critical.

    any updates on the bridge bill for schedule A Nurses.



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  • funny
    09-12 02:41 PM
    Looks like backward clock is the most popular idea so far.
    Now,
    There are two scenarios someone suggested to me in the office:
    Scenario 1: Send these indiviudually (one per person).
    Scenario 2: Send collectively a set of 10 backward clocks, with a greivance/protest letter , where as 10 represents month of October and signed by IV.

    only 30 people have voted so far....and we are talking about organizing 70,000 People.....Most of the users come here to get the latest news related to GC and to get answers to their questions....50% of users won't even log in to the site if they don't have any "URGENT Question" or "Need Help.."( I know that 50% of my friends don't log in to the site everyday) Type of questions to Post...I bet more then half of the users won't be aware of these efforts that we are trying to put in. I think we need to first inform everybody that IV needs theirs support. we should send emails to every users to come and check the site..




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  • NNReddy
    04-12 10:53 AM
    Can someone on EAD start a S-Corp or LLC? IF SO WHICH ONE IS BETTER S-CORP OR LLC? PLEASE ADVISE



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  • Milind123
    09-17 12:51 PM
    Enough of serious talk. Lets all have a lighter moment. Chandu, and others, thanks for all the hard work you have put in. Please take a moment to enjoy this joke. It contains the word sex, yet is very clean.

    A 11 year old boy goes to his dad and asks �Daddy what is sex?�. Poor daddy was not prepared to face this sudden unexpected question. Anyways, he gathers himself and replies back �Son, this is going to take sometime to explain. Why don�t we go to McDonald�s for lunch.� As they are driving to McDee�s, the father is trying to rearrange his thoughts to answer his son�s question. They have a nice lunch and the father is finally able to answer his son�s question using the birds and the bees as examples (at this time the two bees at the coke machine are probably complaining to each other, why all fathers never talk about the actual characters). Anyway, after listening to his father speak. The son replies back, drawing out a piece of paper �It is still confusing to me. How do I fit all that in this tiny box.� On the piece of paper are two boxes with M and F next to it.

    Contributions are welcome if you enjoyed it and also believe in IV efforts.




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  • skv
    06-20 01:24 PM
    what on earth is that supposed to be?

    Refer this.

    http://immigrationvoice.org/forum/showthread.php?t=2567



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  • kartikiran
    12-11 08:35 AM
    Looks like they are changing the spillover rules again from Horizontal to Vertical this is bad news for EB2 I

    Because the spillover projection is given only for EB2(China and India). This is due to fact that only EB2-Row is current due to which there is a possbility of spillover which flows to China and India and not to EB3-Row(if it was vertical).




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  • sayantan76
    01-07 09:07 AM
    Please read my statements properly. I have taught about 100 (the number of students in my last 5 classes were about 70, 30, 25, 25, 12). My colleagues have been observing the same issues for last 5-7 years when the number of students from India started to surge. The number 1000 is the estimate for over the 5 year period. Both numbers are conservative estimates.
    and why, pray, does your esteemed school keep accepting students from these so called "sub-standard" colleges in india? i would say 5-7 years of observed emperical evidence calls for some substantial action on your and your school's part in black-listing these institutions........so, either:

    1. you are blowing smoke through eveyone's a** here or
    2. the school is greedy for tuition fees - proving an earlier contention made in this thread about it being all about money....

    P.S - i am not from one of these schools so no personal stake!



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  • rav
    01-05 12:33 PM
    I havent received my 45 day letter yet ?
    PD JUN2002
    state : DC




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  • eastindia
    03-06 09:35 PM
    I feel like giving up today after I saw a friend of mine leaving to india with a US Citizenship and an overseas citizen of india card.

    The irony is he applied two months after me in the same category except his application was from a different state.

    Now it makes me think, if I have to go through this process and after 5 years if I end up like my friend, then I might as well do it now...:confused:

    Going back after US citizenship makes sense. He can come back when he wants and also get social security, medicare etc

    But going back before that is defeat.



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  • Dhundhun
    06-23 05:18 PM
    People,
    I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.

    1. What is America losing because of our prolonged wait for Green Cards?

    2. How people who have green cards are contributing to the country as a whole ?

    3. What if the whole green card process takes less than 3 years ?

    Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....

    I am looking for thoughts and experience other than the above things.

    USA is made by illegal immigrants (over 13 millions) and bonded labors (H1B - GC).

    Losses suffered by illegal immigrants and H1B-GC people fuels US economy (or at least contributes to that). My contributions so far might have been above half a millions. Indirect beneficiaris are top most companies.

    You may get some valuable inputs from http://immigrationvoice.org/forum/showthread.php?t=19766 although I did not fully endorse the thread:

    Good observation.

    It will be breaking more than making - it will be like this news: http://timesofindia.indiatimes.com/Is_Hindu_marriage_law_breaking_homes/articleshow/3154827.cms

    America is not loosing by delaying any process of streamlining any illegal immigrants or H1B-GC process.




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  • ags123
    02-18 07:11 PM
    I am hoping they just dont tie EB2 I and Eb2 C at 15th Feb 2005 in April 2009.
    Previously we have seen bulletins where Eb2 I and Eb2 C have tied up at 1Apr2004.
    I dont know how many iterations it will take before it reaches the RIR/PERM boundary(1 Apr 2005)




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  • realizeit
    07-11 10:51 AM
    These two could be the real reasons why they changed the dates to 2006-June-01.

    1. USCIS want to utilize all available EB2 and EB1-Balance GC numbers before 2008-0ct-01. So, they moved the EB2 dates in such a way that there is enough room for obtaining approvable and valid EB2 applications.

    2. They could just move the dates to somewhere at the end of 2005 instead of 2006-June to achieve the same result. But, they did this specifically to include some relief to EB2 CHINA folks as well. EB2 China backlog starts from the beginning of 2006.

    3. This reason is from my imagination: USCIS is a govt organization..You know. I heard stories that corruption is there everywhere in a GOVT system. Some influential applicant needs to get the benefit and they moved the dates to June-2006. :)) HEY THIS IS NOT TRUE :)

    Oh by the way, this won't last long. The month September could see an "UNAVAILABLE" EB2 or "2004-APRIL" EB2.


    My heart jumps with joy, but my brain still caution the heart to wait for the official visa bulletin at DOS/USCIS website. USCIS has a trend of "correcting" the visa bulletin. Nevertheless, if the dates are really what they are published at Mumbai site, its a time for us to be happy.

    EB2 looks promising, but in this moment of joy lets not forget our friends in EB3 category. Anyone whose priority date is current, please don't just move forward with your joy, and continue to support IV and our initiatives to help legal immigrants. We have suffered so much because the folks who came prior to us never bothered to support legal immigration, once they got their their GC. Please remember that after GC/Citizenship, your status in this nation depends on how active you are socially/politically.




    HV000
    07-22 12:28 PM
    NY/NJ/CT/MA Members -

    Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.

    Obviously, Sen.Obama does not care much for Indians!




    admin
    03-16 11:38 AM
    All,

    Do not despair yet. We were repeatedly told that bills take a lot of time to pass. Never the less we'll keep working on this bill and this also precisely why we're not pinning all of our hopes on only the Comprehensive Immigration Bill. We also have the PACE bill and the TALENT bill, which can bring a lot of relief to us.



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