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  • rashbhat
    08-12 10:05 AM
    Just thought let me update my case here.

    I filed my 485 on July 2nd @ NSC and my checks got cleared yesterday (8/11/07). So as per murthy's coment I tried looking @ back of the checks to get my LIN #'s and I was able to trace it in the USCIS web site and it shows "Application received and the Receipt notice mailed".

    So I feel like they are aggressively working on the applications which are filed on July 2nd and hopefully everyone will get their Receipt notice by end of this week.

    Hope this will help many people and give a good hopes.

    Thanks




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  • susie
    07-15 11:30 AM
    1 of 2 posts



    Default No Protection for Nonimmigrant Children Because of the Age-Out Problem
    No Protection for Nonimmigrant Children Because of the Age-Out Problem

    The Impact US Immigration Laws on Children

    The impact of US immigration laws on children generally is profound. This is due to the fact these laws are complex and are written substantially with adults in mind. Overall the immigrant laws try to balance various and sometimes competing aims including (but in no particular order):

    * Improving the economy by providing access to skilled foreign workers and investors;
    * Ensuring family unification, for citizens, permanent residents and nonimmigrant residents;
    * Promoting diversity, such as through the lottery program; and
    * Maintaining the security of the nation, through border controls, immigration checks etc.

    This article focuses primarily on the issue of family reunification and looks at one specific area in which the US immigration system is failing; the rights of children. One of the intriguing aspects of US laws is the concept of age outs. This separates two categories of children; those under the age of 21 and those who have attained the age of 21.

    For example, in relation to immigrant petitions where a family member is being sponsored, the petition may also apply to the spouse and children of the family member being sponsored, but only where the children are under 21 years of age. Unfortunately, immigrant visa processing can take many years depending on the category of sponsorship and, while the petition is pending, many children age out (turn 21 and are removed from the pending petition). This results in situations where siblings are split because the younger ones can immigrate by the time the petition is processed (because they are still under 21), but the older siblings cannot (because they turned 21 while the immigrant petition was pending). The Child Status Protection Act of 2002 aims to address this issue, but does not deal with all circumstances and is not always appropriately implemented causing many families to split.

    Another example, and which this article focuses on, relates to nonimmigrant visa holders. Many nonimmigrant visa categories enable the foreign national (�alien�) visa holder to bring their family with them, including their spouse and children (who are under 21). A child could come to the USA, including when they are babies, be brought up in the USA but when they reach 21, unless they have another right to remain in the country, they are forced to go to their country of citizenship or any other country willing to invite them. However, they would have to leave their home and their family in the USA.

    Children as Derivative Nonimmigrant Visa Holders with no Direct Path to Permanent Residency

    US immigration laws enable many aliens to come to the USA for various purposes. This includes, but is not limited to:

    * Investing in the USA, either directly through an E2 visa or through an expansion of a non-US business into the USA through an L1 visa (which enables intercompany transferees);
    * Employment opportunities, so US employers could petition an alien on a nonimmigrant basis (for example H-1B (specialty occupations), H-1B1 (Chile/Singapore Free Trade Agreement) and H-1C (nurses)) or multinational businesses with US operations could transfer an alien to its operations in the USA through an L1 visa;
    * Aliens with extraordinary ability or achievement through an O1 visa and other workers to assist in the performance of O1 workers through an O2 visa; and
    * Religious workers through an R-1 visa.

    The above examples are (non-exhaustive) examples of visas on which aliens enter and reside in the USA for a long-term basis. Such nonimmigrant visa holders may also bring their spouse and/or children with them as nonimmigrant holders. These visas for spouses and children are known as �derivative� visas and are valid for as long as the �principal� visa is valid. For example, if an H-1B employee loses their job without getting a new job, not only do they lose their visa status but so do the derivative visa holders.

    At first glance this seems to be a reasonable state of affairs. However, there is a unique, but not uncommon, problem that results from �aging out,� i.e. where children who were under 21 come to the USA but lose their derivative visa status on their 21st birthday. They must leave the USA, in effect their home, unless they have another basis to stay home. They will also be split from their Parents and younger siblings who will be subject to same problem when they turn 21, unless of course they were born in the USA in which case they are US citizens (this right does not apply to the children of any person in the USA in the capacity of a foreign diplomat).

    Jack, Mary and Sundeep

    Consider this. Two children, Jack and Sundeep, come to the USA from the UK as children, because their respective parents are nonimmigrant visa holders. They have no choice in the matter because separation from their families is clearly not an option.

    Jack lives in Detroit, Michigan and lived there ever since he arrived in the USA as a derivative visa holder during his kindergarten years. Sundeep lives in Long Island, New York and arrived in the USA as a derivative visa holder when he was 13. Jack and Sundeep both went to high school in their local areas. Jack went to a State funded school and Sundeep went to a privately-funded school. Both Jack and Sundeep have fully established their lives in the USA.

    Jack remembers only his US life since he came at such a young age. He embraces his new life, develops friendships and fully integrates into US society by being schooled under the US system. He has an American accent since he was five. Culturally, he is American in every way. He loves his Pizza, hangs out with his school friends, and loves watching films and playing sports. He does very in school. He maintains a 4.0 GPA, is captain of the football team has been elected class President. He aspires to go to university. He wants in particular to go to the University of Michigan and play for the Michigan Wolverines. He is smart enough and good enough to do both.

    Sundeep came to the USA much later. He has clear memories of his life in the UK. At first he found it very difficult to adjust to the new system. He had no friends and had to work hard to build friends. He loves soccer and was a West Ham supporter in the UK. He continues to be so. However, people aren�t into soccer in his school. However, by the time he turns 15, Sundeep has made a lot of effort to change. He is fully comfortable with the school system, has grown to understand and love basketball and football, and has made many friends. He is an above average student academically, but does not really have any aspirations to go to university.

    Jack sees himself as American in every way. Sundeep also sees himself as an American but realizes and appreciates he has some differences giving him a unique US-UK-Indian cultural identity. Both fully support America in every way including singing the national anthem whenever the opportunity arises such as in school.

    Jack also has younger sister, Mary. She was born in the USA and so has a constitutional (14th Amendment) based right to US citizenship. However both siblings have very different rights. When Jack turns 18 he can�t vote, but Mary can vote when she turns 18. Jack can�t join the military, but Mary can. It�s very strange how two people brought up in the same environment can be subject to very different treatment.

    Limited Solutions to Aging Out

    Adjustment to Permanent Residency Status

    The age out problem can be partly circumvented in various but specific ways. However, this means children who have been in the USA for long periods before turning 21 can be subject to very different treatment, simply based on the type of visa their Parent(s) entered the USA on and the type of visa they currently hold.

    For example L1 visa holders and employee visa holders may adjust their status to permanent residency. Their employer may later sponsor them for a new employment-based immigrant visa and once this is processed an employee may adjust, with his or her spouse and children (under 21) to permanent resident status.

    Most E-2 visa holders do not have a basis to convert to permanent residency. One rare exception may be where the business expands to an investment value of $500,000 in low employment areas or $1million in all other areas and has 10 permanent employees comprised of US citizens and/or permanent residents. In these circumstances the E-2 visa holder may convert to permanent residency on the basis of an EB-5 application. How many businesses in the USA owned by foreign national meet these criteria? Very few! Another rare exception may be where an E-2 visa holder is a single parent and marries a US citizen so that they may apply for an immigrant visa with the children as derivatives. They have to wait for the visa to be processed by the USCIS, but once approved there is no further wait required with the National Visa Center.

    However, the permanent residency solution is exceptional. They do not help the children whose parents remain in nonimmigrant status. Further, even where a Parent does become a permanent resident, it does not help children who already reached 21 before an immigrant petition is approved.




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  • swaroopantoo
    09-07 06:11 PM
    Came in Aug 1997...
    Been on H1b since then...
    No EAD.
    Stuck in this process... seems forever now ....
    PD of Jun 02 in EB3...




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  • vaishnavilakshmi
    08-07 12:29 PM
    I still see it as 7/112007 !!! Am I missing something :o

    Hi,

    No,it is edited now.go thru the link once again and see.It is edited to 7/1/2007.

    http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf

    vaishu



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  • ras
    09-17 07:27 PM
    Thanks VPuram,
    You explained it clearly and infact saved many people who would have spent hundreds of dollars to get just these clarified. That is the reason why people hop on to IV to share the knowledge and benefit each other. IV rocks!




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  • pappu
    03-12 12:01 PM
    Information meant for public will always be shared on the forum. It maybe delayed a bit.

    However direct communication with Admins, Sharing of our strategy, developments etc will only be on donor forum. We do not anyways post it on open forums even now.

    This initiative is to provide some incentive to members who support IV financially. In a couple of days we are launching another service to IV members that will be a big help. It will always be free for everyone and you will appreciate it. We are working on it these days.

    There are some more ideas in the pipeline to even help all IV members. We just have 24 hours in a day, full time jobs and a life of our own. So we are trying to squeeze as much time possible to make this ideas be brought on IV quickly.



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  • sampath
    04-25 01:38 PM
    The priority date based on the person first entering the US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one.

    This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..

    Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.




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  • sujijag
    07-14 08:17 PM
    Good Initiative. High Five :)
    Here is my confirmation
    Immigration Voice $5.00 07/18/2008 7YBXC-MCJPD



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  • gcny2006
    07-17 11:32 PM
    http://www.imminfo.com/resources/cissop.html




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  • wandmaker
    05-23 12:52 PM
    ^



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  • vparam
    09-17 08:59 PM
    we are planning to start an LLC as a group of three here......one of them being in india.i was wondering about the tax issues for a member of an LLC if he is based in India.Can he get an tax identification number.thank you.
    Yes you can have international partners in LLC but they also need to pay tax, Unless it is a single member LLC , when you get taxed as individual otherwise you get taxed as a corporations. I think it is better to ask an accountant on how to include the international partner




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  • Humhongekamyab
    02-18 05:30 PM
    2005 PERM approvals (India - includes EB2, EB3 and EB3 Other workers)

    March-1
    April -13
    May-72
    June-324
    July-351
    Aug-833
    Sept-1172
    Oct-1212
    Nov-1541
    Dec-1771

    Total for 2005 PERM - 7290

    :mad: Thanks for raining down on my parade. Just kidding.



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  • TeddyKoochu
    12-11 10:51 AM
    I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.

    Does anybody have any updates on the I485 Pre--Filing new procedure, that last I read was that this has got postponed to June (USCIS half yearly agenda). This is the only raft and lifeboat for us in the deep sea!




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  • lonedesi
    06-21 11:22 AM
    Guys, please continue to leave voice messages, emailing & faxing those idiots at Atlanta PERM center who moved the staff to do other work like processing h2b cases. We need to be persistent if we need any positive outcome. Would those idiots who reassigned staff to do other work, now turn around and help us be reassigining more staff to clear the backlogs? We need to keep questioning them and bombard them with emails, fax and phone calls. It is very important that we act now, if not you all know how delicate of situation we are all finding ourselves in. Please call/email/fax everyone at Atlanta DOL, DOL secratary Elaine Chao and also Assistant Secretary Emily Stover DeRocco.

    Contact Details:
    The Honorable Elaine L. Chao
    Secretary of U.S. Department of Labor
    200 Constitution Ave., NW
    Washington, DC 20210

    Elaine Chao's email is: secretaryelainechao@dol.gov
    Phone number: 202-693-6000
    Fax number for Office of the Secretary: 202-693-6111
    ------------------------------------------------------

    U.S. Department of Labor
    Employment and Training Administration
    Harris Tower
    233 Peachtree Street, Suite 410
    Atlanta, Georgia 30303
    Phone: (404) 893-0101
    Fax: (404) 893-4642
    Email1: PLC.Atlanta@dol.gov
    Email2: Perm.DFLC@dol.gov

    ------------------------------------------------------

    Key personnel at ETA
    Assistant Secretary Emily Stover DeRocco (202) 693-2700
    Deputy Assistant Secretary Douglas F. Small
    Deputy Assistant Secretary Mason Bishop (202) 693-2700
    Email: etapagemaster@dol.gov



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  • plassey
    07-20 10:17 PM
    Wake up Ms Matthew,
    They are talking about EAD only.
    Thank you!! That's true exagerated values. With concurrent filing you can travel in and out of the country, you can work etc. Now we are moaning that the greencard is going to take forever! Wow! Be happy with this situation (file your i-140 & i-485) and stop these pessimistic views!




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  • trueguy
    08-04 05:14 PM
    IV is you me and everybody else. We saw since morning how people are trying to scuttle the idea by giving various and weird reasonings. What is important is writing them. And telling them the gravity and urgency of the situations. words like bonded should be bolded as the truth is 'Yes' in this free American Society we have lived a 'bonded' life...

    mirage, I am not trying to turn down this effort. In Fact, I have sent at least 50 letters as part of IV campaigns and I have written so many on my own. All I was saying that we need a professional letter that will have better impact. Once we have the letter ready, I will be the first one to send it out.



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  • ind_game
    05-15 10:52 AM
    When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.

    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......




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  • ajju
    08-13 09:01 PM
    What they are calling HEAVY DEMAND from EB-3 when it has been unavailable for the last two months and before that it was stuck in 2001. There are a whole lot of visas going to EB-2 people who filed in 2006 just two years back . If a person who filed in 2001 can't get his GC

    I think they are talking about EB3 Mexico... Doesn't make any sense for EB3-India as it has already been unavailable.. so what does heavy load signifies... I am positive EB3-I will open up... may be more retrogressed than last availability.. but it will be available on Oct 1...




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  • fruity
    07-23 04:50 AM
    My case was completed at the NVC last year, this was when there were still schedule A visas. Then retro came in Nov. In June 2007, NVC asked to re submit ds230. Why did they ask to resubmit it if we weren't assigned a visa number yet? and now that there are no visas left for CP, our file gets stuck again, and when our PD becomes current, do we have to resubmit for the 3rd time our ds230.... So confusing......




    Aah_GC
    06-10 10:09 AM
    My suggestion - Do your best to support IV - contribute and make those calls. Rest: Leave it to the man above - and move on with your priorities.




    ronhira
    08-12 02:36 PM
    yawnnnnnnnn...... i'm waiting for someone to start attacking & blaming others for this...... something like andra v/s tamil or north v/s south india fight..... when r we going to start that..... i'm ready with a box of popcorn to enjoy that "debate"..... lets add some masala to this.... otherwise its boring.....



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