Saturday, June 18, 2011

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  • immm
    07-19 01:21 PM
    Cases will be processed on RD only. However approval is based on PD.

    Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.

    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!!

    .




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  • 2BeeNot2Bee
    09-13 07:35 PM
    and which is why people are giving me reds! :D




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  • gc_chahiye
    12-26 06:10 PM
    Filed AP on Aug 13th, havent got it yet.

    filed on 13th AUg. Receipt has notice-date of sept-end. Online status says 'pending'...




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  • kshitijnt
    06-26 02:08 PM
    I totally agree with you, but think about this.

    For every couple who plan to leave, there are 5 couples anxious to replace them. Do you know the % of visas approved vs visa applicants?.The 5 couples could be from anywhere, not just from india where the economy is in good shape.

    My point is that America does lose when someone goes back.But the loss is on a very very micro level----and replacement is not that difficult.


    I have already said that those being replaced will come in at a lower salary and contributing less taxes. Because if you are in late 20s, early 30s then you are about to settle down. I dont know how many people at this level want to come to America. Even in India people at this age will not want to come to US if they have children who are about to go to school. So these guys will most probably be replaced with younger workers.

    Again, how long this game of fooling people will go on?

    People from other countries are there and willing but they dont have the same NUMBERS that India and China have. Like can 5000 people of SAME quality and salary come here from say western europe? If they can, why are they not trying it already? I work with lot of europeans in my team. I think they want to visit here but dont want to live here.



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  • eb3_nepa
    07-14 06:59 PM
    Heck all I am asking for is $5.00 ;) A meal at Burger King these days will cost you more :)




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  • logiclife
    07-06 12:13 PM
    I have changed the thread title.



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  • hopefulgc
    05-25 01:34 PM
    Santb1975 is right.
    If we stopped trying every time we failed we would not be here, we would still be in the caves looking for the next big invention.. the wheel.

    Hell, if your folks stopped trying, you wouldn't be here in the first place.. hope you catch my drift :)





    Every time we work on a bill we move a step forward. We have come a long way in the past 2 years. Some bills came and went and did not bring us any relief but that should not stop us from working hard when we see the next window of opportunity.




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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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  • eb3_nepa
    03-09 12:22 PM
    Guys a little confused.

    How does removing the cap from Schedule A, benefit the rest of us?




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  • sprajulu
    09-10 04:42 PM
    Friends
    We need to write letters to USCIS directors and inform them about USICS senseless activities like issueing the G cards to latter PD's and not touching the older PD files
    more and more letters should be send so that they will realize atleast for future visas. other wise older PD people won't get GC's for ever



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  • vunlucky
    09-11 10:34 PM
    Contributed $100 through google checkout.

    Trying to send as many signatures as possible with a day or so.




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  • test101
    07-05 03:54 PM
    Please put more details as you call.

    Regarding Cantwell:

    The represintitve said they recieved couple of calls. I explained my view and how as an RN i'm effected by this. The office said that sentor Cantwell has not issue a statement. I spoke of USCIS, financail and emotional loss. I did say that hunder of thousands are effected and according to WSJ million of dollars has been lost.
    The representitve seems intrested. She transferred me to Olia black voice mail that seems to be taking care of this issue and i left a message for with my contact information.

    More people need to call and get thier stories through. After all Cantwell was supportive of skilled workers. So far senators office are responding with interest to personal stories and the effect of the USCIS VB.

    is that good enough :D... any other detail needed?



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  • Macaca
    09-12 12:15 PM
    I had started with the online press release sites, which one should be higher priority?
    Pick whatever you like and feel comfortable with. Post it here so we know.

    I will work on Washington Post and New York Times. Then, I will work on Associated Press and Reuters.

    gsc999 and Franklin should work on Mercury News and San Francisco Chronicle. I think they have a DC office.

    First, I have to come up with a sexy letter!




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  • santb1975
    05-29 11:33 PM
    Have not reached 20K yet



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  • neoklaus
    12-27 09:46 AM
    I 131(AP) mailed on Aug.15 to NSC
    RN Oct.1
    Still nothing...



    Member of Florida State Chapter




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  • ImmiLosers
    07-23 06:41 PM
    Guys, We just got the magic e-mail.!!
    Card Production ordered
    PD AUG 2004
    RD DEC 2004
    EB3 INDIA :) :) :)

    thx everyone for your help and suppport!!

    What is RD?



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  • TO BE OR NO TO BE
    10-18 04:07 PM
    Here are some facts:

    My I-140 was approved in April 2007 and I-485 was filed in August 2007. My H-1B expired on October 14, 2010 and my employer filed (using an attorney) for an extension last month. I have original H-1B filing receipt and copy for I-485 with me. I also had EAD which was scheduled to expire on October 15, 2010 and I filed myself for renewal of EAD and AP.

    I lost my driving license with my wallet yesterday.

    I checked NJ DMV website and in their 6 point ID verification they accept EAD and valid I-94 (which comes with H-1B approval, but I don't have either on me right now). Does anyone know what is the process in NJ. Do they accept filing receipts as valid document?

    Without license I can't drive and go to work.

    Any recent experience? I would really appreciate an answer.

    Thank you




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  • Nibiru
    09-02 08:39 AM
    Came here in 98. Applied in 2003. Waiting ever since. Had enough of this BS. I was ok until they started screwing around with EAD's and AP's this year. Recently, got a a couple of offers in India ranging from 30 - 45 lac / yr. Thinking of going back. Its not worth waiting in this line anymore.




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  • gc28262
    05-06 01:54 PM
    Called all Tier1 Senators and left/passed on the message




    GCInThisLife
    07-18 03:03 PM
    You mean notice date? If your application is physically reached NSC on June 15th your receipt date should be around it. It makes sense for notice date getting delayed. However, your processing would be done based on RD only.

    This would suck for older priority dates.

    My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
    So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...

    Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.

    ...




    walking_dude
    07-06 12:54 AM
    IV will become ready for elections when we have real candidates with real faces. I request all real candidates to publish their photos and accomplishments, their ideas for the organization; so that we can choose the best person for the job.

    Any volunteers? Why don't I see a single volunteer! Seriously, can we have an election without candidates?!

    I feel that initiator of this thread is not trying a coup d'�tat. He is merely pointing to the fact that every organization runs by elected officials. Having a life term president and core group is only heard in autocratic systems but not in a democratic one. What are we as an organization?

    Why are we afraid of discussing new ideas? Why shouldn't we open up IV organization for elections? There is nothing wrong in declaring the rules and then playing by those rules.

    So I completely support the guy who came up with this suggestion.



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