Friday, June 17, 2011

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  • garry_kay
    06-20 12:20 PM
    Finally I got my lawyer to start an inquiry at the Atlanta PERM center. My case is pending since Feb 07.

    Do you know if you got an audit? Any idea about how they decide to do audits?




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  • andycool
    04-12 12:02 PM
    no answer ?

    May be they had some other Add Already posted :cool:..




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  • chiragmodi
    09-10 10:28 AM
    So far contributed $200. Can not make it to the rally because of prior commitments.

    EB3
    pd: dec 2005.
    lc approved: Jan 2006
    I-485 filed on july 2 and fp done on 09/07.

    Thanks guys for all your efforts. This is massive!!!!!!!!!!!!!!!!!




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  • ChainReaction
    01-05 09:49 AM
    my labor was filled from ny june 2003 and i still didn't get the 45 days letter yet from PBC?:confused:

    Isthere anyone else in the same boat ?



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  • looneytunezez
    05-19 07:49 PM
    Congrats...

    FINAL UPDATE

    HURRAHHHHHHHHHHHHHHHHHHHH


    My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.

    ::::::::::::::::::To recap::::::::::::::

    I went to the Congressional office on 05/14/2009 morning.
    Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
    USCIS sent letter to my attorney on Friday (05/15/2009).
    My attorney received it this morning (05/19/2009).

    Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......

    Here is the wording:

    Quote""""""""""""""""""""""""

    Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.

    The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.

    The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.

    After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.

    The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.

    Sincerely

    """""""""""""""""""""""""""""""""""""Unquote




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



    Jack, Mary and Sundeep

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

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

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

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

    Education

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

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

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

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

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

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

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

    Jack

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

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

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

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

    The Need for Reform for the Children

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

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

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

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

    Help for the Children of Illegal Migrants: The DREAM Act

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

    Reporting Errors

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



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  • Green.Tech
    06-17 03:48 PM
    Wandmaker and Green.Tech - Thankyou for your leadership towards this funding drive

    Thank you santb1975!

    Thank you to all who have contributed...and to those who will contribute in the future!

    Still waiting for 10 generous souls to come forward and help IV realize its first $20k enroute to $50k.

    It's now or now!




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  • ssprof
    09-10 05:10 PM
    Contributed $100



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  • Keeme
    03-06 07:23 PM
    Could you explain this point. Why would lesser number of FB visas be issued in a bad economy ?

    Does economy state has any relation to FB visas ?


    For pre-adjudication, visa availability or the chances of PD becoming current is not necessary. They can pre-adjudicate based on receipt date.

    My guess:
    Probably they are processing all employment based applications right away so that they can prepare for CIR 2009. I guess Obama will take CIR this year itself as he has a very high approval rating and lot of goodwill now.

    Number of immigrants allowed each year since 1900s. You would see big drop at/after every recessions/depression. Reports says there is already big drop in illegel migration at Mexico border. Govt offiials of any country would do anything and everything they can to control unemployment figures.




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  • Rajeev
    08-12 02:18 PM
    My guess is that we have discussed enough about the bill. Next in the line is the dream act for children of undocumented immigrants. Do we want to have a campaign to add children of legal immigrants to the bill or we want to only discuss the implications about the act, once it is passed by house and senate.



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  • 485Mbe4001
    09-10 02:26 PM
    Please realize that HR 5882 is the only hope for now. I had mentioned in my previous posts that EB 2 I/C will retrogress in Oct (many said i was just saying this because i was EB3). This is not the time to be complacent or hope that USCIS will start dishing out visas and clear the backlogs. Help in working towards getting something done with the bills, the window of opportunity is very short.




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  • tsnaresh
    07-15 10:32 PM
    Keep up the good work!!! I have just sent a check for $50 online.
    Thanks



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  • pappu
    08-10 09:18 PM
    When can we expect these Op-eds to be published? Will you be posting some kind of update here to let us know?

    we have got only the ones on this thread till now. i am hoping few others may also send. there were many people who volunteered to write by sending me a response PM.
    i want to wait for some time and see the different topics covered and decide the media outlets based on that.

    if you/anyone has some good suggestions of sending these op-eds to media let me know too.




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  • Immi_Nightmare
    07-06 05:56 PM
    aarbi, did you do your medicals, did you loose your work day, did you paid your attorney, did your wife(if any) came back from middle of the vacation, did you had health problem when you done your medicals....did your app got stuck at USCIS for years......
    sleepless nights for those people who's answer is YES for most of the above questions

    My wife is in the exact sme situation as yours . She to scramble around in India to get her passport re-validated after my H1 extension in the middle of her vacation and board the next flight to US , go through the medical tests only to find out that the dates have been pushed back again.



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  • ItIsNotFunny
    03-12 10:50 AM
    Looks like it only tracks people who donated for FOIA

    Not true. Anybody donates will get Donor status. This is started for last few days, so people who donated in last few days get this. Pappu mentioned that he is planning to cross reference this with old donations but not sure whats happening there.




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



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  • skynet2500
    12-10 04:06 PM
    When am I going to get my gift card? I predicted it right. :)




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  • thirumalkn
    11-29 08:44 PM
    Jimi,
    I'm a newbie here. I came to know about this site by the Reuters news scoop today. I joined immediately and invited my friends too. I live in Reseda - San Fernando Valley. Would like to participate more in the local chapter. Let me know the next steps !

    Regards
    Thiru




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  • Blessing&Lifeisbeautiful
    10-23 12:34 AM
    Something's going on in the Senate....recapture of unused visa is proposed as an amendment to labor and healthcare appopriations bill.....let's see what happens tomorrow...expect that it will be tackled tomorrow!

    They are proposing to recapture 61,000 unused visa for Schedule A. Keep praying everyone!




    gc_kaavaali
    07-14 05:53 PM
    Come on guys!!! please contribute for good cause.




    test101
    07-24 04:40 PM
    Even if you are RN licenes and educated in the USA. You still need a visa screen. I had to apply for visa screen. In my case it took only 1 week to get it. you can apply on line and send your documents. I'm not sure about the EAD though. YOu may wwant to post your question on the free Consultaion thread.

    www.cgfns.org



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