Saturday, June 11, 2011

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  • TeddyKoochu
    08-23 08:44 AM
    I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.

    Is this memo in effect already or what? Can someone throw more light on this?

    This is only for EB 2 aliens of exceptional ability. As far as I know this does not need perm. I got an EB2 alien of exceptional ability when my last employer filed through Schedule A. So don't sweat this does not apply to the usual EB-2 route...as far as I can tell...

    Does it mean the eligibility criteria/job requirement for EB2 is changed from Bachelors + 5 years of experience to Bachelors + 10 years of experience?



    Only EB2-NIW (National Interest Waiver) even currently requires 10 years of work experience in the relevant field at the time of filing this is the category that does not require labor and van be self filed. The exceptional ability refers to Non US Masters folks Bachelors + 5 Years, now looks like this is bachelors + 10 years. The memo is currently not implemented Smuggymba I believe you should push your case in premium processing, probably you are not impacted though as you have a US masters (MBA). But there is no guarantee that they will not review all cases at the time of 485 once again. This memo / revised guidelines are indeed extremely scary. Kartikiran I agree with your thoughts about the direction in which things are moving.




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  • Blessing&Lifeisbeautiful
    08-11 10:13 AM
    I filed my papers around the same time. Do you want to keep in touch and see how things go?

    Pls lets all keep in touch. My lawyer sent mine around the same time as well. Did anyone have to file with a visascreen? One law firm said that the EAD would be denied becasue of no visascreen!!

    I changed them for another law firm. Any other lawyers saying the same regarding visascreen?




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  • gctest
    09-13 09:56 PM
    are bhagwan... kash maine substitue labor use kiya hota....

    I would have been approved by then...

    Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.




    Delete this moron's login.. I bet he has a substitute eb2 labor himself - talk about morality


    - $ 50 monthly to IV since June 2006




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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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  • jhokimi
    04-26 12:46 PM
    Filed in RIR DC on 04/28/2004. No 45 day letter yet!
    Anyone else from DC in the same case?




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  • qplearn
    12-18 05:41 PM
    Apparently, we were pretty pretty close to getting retrogression eradicated in the lame duck session, according to an IV core member.
    Of course, we all know that Cornyn came very close to getting his bill attached to one of the passable bills; it was only one senator who spoiled our party ... we all know who ...

    Point is will we come that close again? As you know unlike the LD, the bill needs to pass the house and senate again ....



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  • gc28262
    03-12 12:30 PM
    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!

    I think IV core can give lifetime exception to active members like 'ItIsNotFunny' for their efforts. For others, let monthly contribution stay.




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  • GCBy3000
    07-20 10:19 AM
    Its all politics my dear. Dont take the votes as it is. All these are eyewash and most of it were decided even before they vote. Why you think they have minority and majoirty leader. Those are the key people along with certain key senators / congressmens.

    Election is the major event which affects everyone in the senate or congress. First eveyone wants to please their constituents and win and retain their seat. This is the first and foremost priority than passing the SKIL bill at this time. Be practical and I myself will do the same if I were a politician.



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  • wanna_immigrate
    03-15 02:47 PM
    ...raised an SR, sent an interfiling request, but still no LUD yet.

    If you check OP and other posters in this discussion, looks like it took around 2 months for all of them.

    Did you mean in 2 months after interfiling they got 485 approved? Please clarify.




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  • krupa
    12-12 08:57 PM
    Everywhere they mention spillover...they say quarterly. But they don't really enforce it. :mad:

    At least , they improved the bulletin by adding more detailed information as well as an explanation about how it works.

    USCIS issue GC not more than 9% of quota for eligible quota by each country during each first three quarters. Spill over happens only in last quarter of a fiscal year.



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  • go_guy123
    06-11 12:39 PM
    Instead of ruining our life running after GC, here are few options

    1) if you really want to live in a developed country, move to Canada or Australia. their process is much simpler and faster
    2) cash out your investments and move to India. you might end up back in US on L1 :)
    3) since some of us have had babies here, wait till they can sponsor you.

    i have personally done 2 of the above. I have a Canadian PR and i have established contacts in India in case i need a job there. What am i doing here? saving as much money as i can, and waiting for the right opportunity in Canada or India. GC can kiss my ......., i got better things to do in life.

    Canada immigration has been restricted to 38 occupations now. IT out of that list.

    In order to maintain your Canada PR you need to stay in Canada for 2 years.




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  • eb3_nepa
    07-14 01:29 PM
    Do you know how to pay online from my bank account? I checked the contributions page, but it discusses about paying through Paypal (and for $100+).


    Simply send the check of $5 to Immigration Voice at the address listed in the first post as if you were paying a utility bill. That way your bank will send IV a check of $5.00 (or whatever amount you want it to) and IV gets the WHOLE $5 and no fees are deducted.



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  • indio0617
    03-09 10:05 AM
    senator brownback: amendment on J1 visas




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  • webm
    08-14 03:57 PM
    EB3 guys - Just hang on ! Good news are on your way !

    What can we expect?? any source you got??

    ------------
    EB3-I



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  • andy garcia
    10-01 05:08 PM
    Let us wait for the statement from USCIS

    It is a long wait.

    First the DOS publishes a preliminary report on March/April
    then the final report from CIS is not published until July/August of the following year.




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  • Totoro
    05-02 09:25 AM
    Please contact me, PM or post, if you are willing to be interviewed for a news story on this. You should be a professional in the San Jose / Bay area, although anyone in California should contact me. I will forward your information to the reporter.

    On a related note, I have gone through the laws and regulations and the SSA is required to provide SSN for valid non-work purposes. I have compiled an extensive argument to support this case and I am currently in the process of getting the SSA to recognize the stimulus payment as a valid reason as required by the Social Security Act. If my petition is successful, it will set a precedent for others affected by the ITIN rule.

    Also, you are not a nonresident if you live in the USA. According to one of the replies I received from the SSA.

    "Under the IRC, therefore, an alien who is a nonresident for immigration purposes (i.e., not admitted for permanent residence) may be treated as a resident for tax purposes, if he meets the substantial presence test. Therefore, he could be eligible for the tax credit. However, he may not be eligible for a SSN if he wants one solely for the tax credit."

    I disagree with the last sentence and I am currently beginning the appeals process. I am willing to share the regulations and laws that support my case but I am wondering how to best share this information with others who may also want to get involved.



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  • needhelp!
    05-28 11:10 AM
    Seems like there are so many threads about EAD renewals right now, are we going to be content with renewing EADs for the next 5,6,8 years? While there are no restrictions on discussing individual issues, lets not lose sight of the real cause of our group.
    Contribute so that IV can assign more resources to work on fixing this whole mess!




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  • chanduv23
    02-24 09:54 AM
    The way this whole thing has turned out to be now is like a challenge or a race where there is no room for values or emotions or in general life and careers.

    Many people have taken this as part of life and looked at it as slow sailing clouds and trying to make the best out of it and it has been challenging at every stage.

    As such, life is not easy - anywhere in the world. Believe me. Those who get lucrative jobs in India or elsewhere does not necessarily mean they are doing great and better.

    The best one can make out of any situation is independent thinking and self introspection. Can we do something to make things better? Are our vlices heard loud? Is there anything that can be done? What have I contributed? have I done anything to make things better for us?

    It is we, who form the society and if we are suffering, we have to blame ourselves for our inaction. In tough situations, we need to come out of the "grass green on the other side" attitude and see how we can improve the situation ourselves.

    The way things have turned out to our kinds is that we have been set to fail - that is the kind of system we are in now.

    Apart from immigration, for an average American, burning issues are economy, jobs, terrorism, war and healthcare - a lot of people die because they cannot afford healthcare and reform is nowhere near.

    Can we all unite and make ourselves heard? Can we make ourselves credible enough that we are heard and a part of the process rather than kept away from it? The answer is in us and the choice is ours. Look at history on how were and how things changed. History is not only to study, one has to make history. Can we do it?




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  • masti_Gai
    01-10 03:30 PM
    Am not going back no matter what....




    perm
    07-20 04:09 PM
    this is not over

    2. Durbin was the man again...that derailed us.

    can't expect anything better from him. i had sent an fax to him for some drive and he replied back with his propanganda of no child left behind of something like that.




    pappu
    08-15 02:17 PM
    America has always been a favorite destination for immigrants. .
    thanks. could you PM me your name and email address



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