Friday, June 17, 2011

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  • jgh_res
    10-01 06:14 AM
    First in First out is always the best option. Unfortunately that is not happening. In this scenario you should be happy that lot of people are getting green cards as the number of people in the line before you gets reduced and the visa numbers are not wasted. As some body said "Life is not fair".

    The sad part is that some applicants who missed the boat called BEC with PD of around June 2004 on EB3/India got approved in June end/July time frame. I did see this on some forums external to IV.

    I think there may be candidates from 2001/2002/2003 who may have applied in June/July 07. But if the rumors of NSC processing RD wise (as seen on some forum posts outside IV), then it is unfair to these people, because there may be others who missed the BEC boat and are ahead of these folks coming out of BEC.




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  • diptam
    08-20 03:30 PM
    Did anyone else received any reply - i'll post if i receive any reply.

    By the way - How about dropping a email to Ombudsman as well , saw in another thread that this approach worked ... TSC and NSC 140 sufferers can put Subject as TSC and NSC accordingly.

    cisombudsman.trends@dhs.gov

    Let us know how many wrote emails ( in case they couldn't get 7001 from employer) or both email and letter is good to keep the pressure ON !

    Has any of the members who sent out the letter & Form received any response from Ombudsman's office. Please post as and when you receive any response.




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  • supers789
    12-10 06:54 PM
    I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....




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  • gc_on_demand
    06-10 09:47 AM
    Please call .. Nothing is going to happen unless we see those 3 EB bills approved..



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  • Green.Tech
    06-22 10:57 AM
    Bump.




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  • unseenguy
    02-09 10:17 PM
    I really feel sorry for your parents and your family. I dont have anything else to say. Good luck.

    Sure. I feel sorry for you. My family doesnt live off my money nor my inlaws :) and no body has ever asked me for it. Gifts sure. I buy them myself. Not that they expect it :)



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  • GCStatus
    09-14 05:54 PM
    This is the whole problem. We divide ourself. Easy prey for the enemy.

    Stop this EB2/EB3. No one is winning. Both are undone by USCIS. If you want to go separate ways as EB2 and EB3, good luck. Want to stay united and win , join us below.


    http://immigrationvoice.org/forum/showthread.php?t=21493




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  • snathan
    05-15 07:28 PM
    snathan,

    USCIS is very clever about the fee waiver. One of my friends got the same kind of denial as I got (trust me we compared the notes) on the same day from NSC. When he filed for the MTR, USCIS reopened his case but with an RFE on his case. He had to send some medical reports, birth certificates and some other documents. In that way USCIS is getting away with wrongful denied cases without refunding any fee back. I have donated $2500 to USCIS for my two MTRs (forget about emotional drain which is incomprehensible and unrefundable). I do not think USCIS will ever give me that money back after it finds there is error in my case. it will definitely come up with some kind of RFE. It is very easy for them......

    For that only I am telling we need to teach a lesson. Take them once to court, and if we can get the judement once in our favour it will nail the coffin. If we lose, some one else try again in different court.



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  • LeBron James says Derrick Rose


  • sri1309
    08-14 02:06 PM
    Sree,

    Headless chicken.. You called me headless chicken .. how dare you.. :)

    Just kidding.. You are perfectly right.. Thats the right word and I have said the same even in my first post here. I would request again somebody from IV admin group to take the lead and gather all EB3 to one forum to make a difference. I see atleast 4-5 threads here with same topic.

    I would suggest the campaign can have "Visa number recapture, immediate greencard for anyone more than 5 years legally in the US, make all cases current, but apply the quotas at H1 or F1 levels and no limits at GC level. I have many ideas,. but we all must come together and ask just a couple of things or one (recapture) and fight for it. We can do other things too, but a flower campaign will not hurt. IN the worst case it will not make any effect.
    We can always send cards which is much easier than flower..

    Please come up with something and we can make some progress. Assuming OCt bulletin is coming out on Sep 10th, we have just 26 days to make any difference. That too it must reach them way in advance to effect any change. Lets set a deadline of Aug 25th and do it..
    Sri.




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  • eastindia
    08-23 08:55 AM
    Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?

    Where is GCperm when you need one?



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  • ilikekilo
    03-04 03:40 PM
    Cases are being pre-adjucated, So there are RFEs and other inquiries...After this, they will wait for visa number in PD Queue....which is a good thing...This assures there will be no wastage this year....

    Anycase, it looks like there will be significant forward movement...

    My estimate

    EB2I will enter 2005 in next 2 bulletins.
    EB3I into 2003 in next 2 bulletins.

    I admire ur optimism.. :)




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  • seekerofpeace
    07-18 04:21 PM
    I have a question.
    If I485 is considered for adjudication only if the PD is current. Then why are we all filing in a hurry since everything will retrogressed by Aug 1st and the RD may take 1.5 to 3 months to come when surely everything will be retrogressed. Does that mean in that situation even EADs and APs will stop.

    My wife is on F1 and I am on EB2 (Jul 04), I am worried about her status. My lawyer said she can still continue as a student and that it is a grey area the school never comes to know that she is in transition...once she gets EAD ofcourse everything becomes fine.....But in the current situation that seems a distant possibility to get a RD let alone EADs. So should I just file for myself and let her stay as F1.



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  • kevinkris
    07-15 02:01 PM
    Show your support to IV and help yourselves..
    May be a toast for EB2 moving to 06/2006 ?
    And to cheer up Eb3 folks..




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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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  • pbojja
    09-11 10:58 PM
    when do we all send it? should we wait for oct 2nd?
    Also is it a crime to send such letters in bulk to a govt agency?(kinda spamm?)

    Lets get it started this week end ..our goal should be getting follwoing answers from CIS and DOS ..

    Dear DOS,
    On what basis dates are moved to PD 2006 for India and China during Aug and September ? Is there a memorandum which justifies this move ?

    Dear USCIS,
    1> On what basis you are processing the applications ? Receipt Date,Notice Date or Priority Date ? How can you justify approving 2006 cases
    2> How many 485 applications are pending for India and China , year wise ? Why is it so difficult to publish ? why are we in dark and guessing things ?
    3>What the customer service is for ? your 1-800 number information is so use less ...Why can not they even inform us about our Priority date or Name Check cleareance ? And the service tickets are next to useless

    Dear TSC and NSC ...

    1> How come your processing dates are going back wards ? How can you justify that ?

    Can some one please post the addresses ? I will send the books including letters this week end .

    Dont worry about spam ..we have every right to express our selfs ...we are in free country as they say




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  • vram
    08-26 02:49 PM
    I am not sure thats correct.

    Per IRS regulation Section 163 (C), as well as Publication 936, interest paid on primary and secondary residences up to an aggregate one million dollars in loan amount is tax deductible. The IRS regulation does not specify that the home must be located in the United States, and thus it seems logical that interest paid on a home loan on property in India is in fact deductible
    (please consult your tax advisor for applicability to your specific tax situation).

    You can quote any IRS publication/regulation, which is issued bt IRS with the assumption that the Lender issues a 1040 to you and simultaneously notifies the IRS the intrerst earned by the Lender from your Mortgage .

    And the point is how do you show the intrest paid on the Mortgage if the International Lender does not issue a 1040. Any attachment/print out you provide showing the intrest you paid is not suffice as long as the IRS does not know that intrest was not accrued in their File. Since International Banks dont register their intrest earned with IRS.

    All I mean to say is, it is a Closed loop sytem where the Lender registers his intrest earned with IRS and sends a 1040 to you so that you can claim the tax exemption based on your intrest paid

    I am 100% confident that.



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  • syzygy
    09-15 04:05 PM
    GCTest and et al if you have really raised 600 $ talk to good lawyer to sure the hell out of USCIS for its un accountability. This EB3 - EB3 rift is not going to help anyone but only USCIS. Take a chill pill and think carefully who has screwed us most -- IT IS USCIS. If you sue USCIS for unaccountability, changing rules at will and worst of all racial discrimination or new term for country based discrimination -- it is history waiting to happen.

    There is no value or point in creating Eb3 - Eb2 rift. No category is better than either - all are equally and royally screwed by USCIS.




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  • senthil
    08-08 08:54 PM
    just want to see how much time it takes. thanks




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  • go_guy123
    07-06 01:35 AM
    Not Volunteer but Leaders...

    Volunteer is a person who takes responsibility and does a task. Here the question was raised to have new leaders who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening.

    Most leaders are actually volunteers in IV. They have a regular full time job.

    What you are saying: "who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening" :

    For this you need to hire full time lobbyist which costs a lot
    of money. IV budget is nowhere close to that the Hispanic lobby group:
    National council of La Raza whose budget is
    $40 million or $1.3 billion including its “affiliates” network.
    IV is a tiny organization in front of La Raza. Thats....a BILLION with which they hire full time lobbyist.

    I strongly suggest you listen to the audio interview to understand how big the hispanic
    lobby is and get some reality check of how things work in US politics.

    Raul Yzaguirre on Past and Future of La Raza : NPR (http://www.npr.org/templates/story/story.php?storyId=4229605)

    Even with such power also they cant pass CIR. But at least they ensure that no
    EB or illegal immigration reform will pass unless there is something for illegals.




    Milind123
    09-14 01:05 AM
    The last sixth round and this seventh round is to encourage people, who beleive in IV, to contribute their first Ben Franklin ($100). I still need 3 people to close this round. I absolutely positively confirm that this is the last time I am going to single you out.

    Looking at the last few posts, I think I am talking to myself. Time to go to sleep. Good night. People on the west coast, please help to keep this thread on the screen by bumping it.




    indio0617
    03-09 10:09 AM
    both amendments J-1 and removal cap for Nurses (India) will pass



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