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  • kumhyd2
    07-18 02:51 PM
    http://immigrationvoice.org/forum/showthread.php?p=123353#post123353




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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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  • immm
    07-19 02:07 PM
    Since both A and B were current at the time of AOS approval. Person with earlier RD will take precedence. however if the cut off date were April 2003, person B will get the visa.

    Not necessarily. Here is a hypothetical scenario:

    PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
    Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
    PersonB = PD of May 15, 2002 and RD of July 15th 2007.

    USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).

    Assuming that the visa cutoff date in Oct, 2007 bulletin is June, 2003 making both PersonA and personB current:
    PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!




    You forgot that there were another 150,000 applications in this example with RD prior to PersonB and it is very likely that many of them could have the PD of April, 2003. Therefore, PersonB will still not get it even though he/she has an older Priority date!!

    I think that after this stampede of application filings in June/July/August, USCIS needs to sort them by PD first otherwise people with older priority dates will suffer simply due to the volume of applications filed!!




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  • chandsri81
    05-14 10:35 AM
    thanks! thats encouraging..they already gave us a conditional approval last week asking for some documents, which I sent immediately. They didn't even open my documents for a week, and then the underwriter came back asking for some more things including this I94..these people are crazy! Today's my deadline and i still haven't heard anything

    I will let you know if they refuse the give us a loan..thanks again for the help!



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  • santb1975
    06-06 12:58 AM
    That is awesome

    Amount: $50.00 USD
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    Please come forward and contribute guys!




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  • softcrowd
    01-06 10:56 PM
    How come observations made over years on 100's to 1000's of students are "unsubstantiated"? Of course you may want not to believe me; that is your prerogative, and so is writing my own experience mine.

    raysaikat - You must be kidding by trying to prove that you have taught 1000s of Anna/Osmania University students & number of them are bad as you described. You started in 100s & are now talking about thousands and I am sure if this argument continues you would go to even higher numbers just for the heck of proving your point. After all, its a matter of pressing few keys on your keyboard....but what credibility does it has when there is no way to validate??

    May be, as "NKR" pointed out, you have some bad impression about the Univs in certain region of India - looking at the list you provided!! Otherwise - Anna university is considered to be a top rated institute in south india esp., TN state. Osmania is also a very decent one (esp in Engg/comp sc). Both these universities are very famous for their ability to attract a lot of recruiters (All top indian companies + many MNCs as well). And here on this board, you just rule those out with a single word - Crappy!!

    Don't just generalize things as you want based on the data that comes to your mind. By doing so, you are not only slinging mud at some decent univs but are also hurting a lot of people!!



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  • Edison99
    10-21 02:22 PM
    sbmallik, could explain how interfile works and process; is it similar to I485 ?!
    Good news!! Next step is to file I-140 (is your employer filing in premium processing?) and upon approval, interfile with the existing I-485 application to port the priority date.




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  • snathan
    08-12 12:20 PM
    I agree to gc28262. Back in 90s when outsourcing started, major Indian IT companies used to have a 50-50 onsite/offshoe component (for large clients/projects). This has now come down to 10-90 onsite/offshore because clients are getting the same level of service.
    For example, it was once believed that DBAs must be located at client site. Now, we often see DBA support provided from India.

    This causes too much load on the onsite person but who cares as long as there is a steady supply. The bill will simply change the model to 5-95 . Out of these 5 positions cut-down , 4 might be H1 but at least 1 is a citizen/LPR whose job will be eliminated. Along with that will go the number of services these 4 H1s were using in US and the amount they were contributing to US economy.

    USCs who think this bill will create more jobs for Americans are living in a fools world.


    I second this...they are thinking even the global warming is because of immigrants - H1B



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  • flthere
    07-11 10:39 AM
    Well, everyone is going to pay just one time for EAD from now on ... but sad thing is they need to apply for EAD again in a year ... at that time it's gonna be free applying :D




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  • obviously
    08-15 09:29 PM
    I happen to be a freelance writer (not a journalist). In response to this thread, I have penned a 2,700 word commentary on the current challenges titled "The Plight of Promise". In order to beef it up with some compelling statistics, can 5 or 6 people respond to this thread with anonymized details of their specific circumstances and how they are suffering. Keep it to 2 or 3 sentences. I will cull out required data points to make the case. For ex:
    - AD, a 31 yr old non immigrant worker from Poland with a wife and two kids. Unable to get into stage 3, meanwhile need to change my job and relocate to a specific city where my child's health needs can be taken care of. Unable to do so because...

    If anyone would like to get the final edited version, let me know. You will be free to republish it without copyright concerns, subject to attribution.

    Lastly, I will be spending a good amount of quality time in this matter. So, I will respectfully ask people to resist their desire to 'nit pick' the pieces. Constructive, candid feedback, of course, is always welcome!

    hastily, but sincerely,
    obviously



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  • justAnotherFile
    07-20 02:57 PM
    Revenue = 750K*200 = 150 million dollars.
    For that kind of money they should be able to hire more than 30 personnel I think.
    And also develop some systems to atomate the process.




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  • diptam
    08-11 11:53 PM
    Agree with you 100% - But Once you start a thread with assertive words peoples start relying on you.... I also posted lots of conversations between myself and USCIS but i was never assertive.

    Anyway - this argument will go on forever.

    Can we request SriKondoJi/likes not to post anything with strong Affirmative words unless they have some kind of confirmations beyond the general Public's assumption ??

    Thanks

    Hello,

    I think this is high time for us to control our emotions and live with realities. Often times, the customer service representatives don't have up-to-date information of USCIS's policies, decisions, and announcements, and we should not take their response as granted. For example, If you call a service center 5 times a day and ask a same question, you will get five different answers. In fact, Srikondoji mentioned what he had heard from NSC customer service staff. So, we can blame neither Srikondoji, nor customer service staff, but only USCIS.:)

    Regards,
    IK



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  • Kodi
    06-04 02:03 PM
    Even under PERM, Atlanta office is backed up. They're still evaluating February applicants its not moving at all. I know its not bad compared to BEC but for some its still bad.




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  • bharani
    09-11 04:41 PM
    Count me in



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  • mjadala
    07-15 06:35 PM
    7YFTT-TQ791

    $:) 10 from me




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  • amitjoey
    07-18 04:58 PM
    Contributed $100 for now through Google checkout. Will be giving more eventually. :)

    Appreciate it.



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  • JunRN
    08-11 12:11 AM
    I think they just pick it, check it, and receive it. No need for them to sort the papers according to the 'time received'.




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  • chanduv23
    09-16 08:50 PM
    Unable to participate due to prior commitments (travelling in Mid West)

    Contributed $200
    Google Order # 332995467726386

    Appreciate IV's initiative. Thanks a ton.

    Thanks - for your contribution




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  • Green.Tech
    05-30 04:14 PM
    Back to the top!




    whitecollarslave
    04-30 02:31 PM
    Can somebody post the link please?




    hebron
    03-04 02:28 PM
    I have an RFE on my 485 (EB3 I SEP 2004 )....


    Did you get to know what the RFE is about?



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