Friday, June 24, 2011

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  • rajenk
    12-14 02:35 PM
    I need something which removes employer dependency with approved i140 until u file 485.

    I hate working at the same employer just becasue my PD is not current. And by the time my PD becomes current, may be employer is not doing good, I am not happy at the job.... and I have to start from PERM again at new employer. Also if employer revokes i140, I loose the PD as well!!

    Hi supers789,

    You don't loose your PD if I-140 is revoked. All you need is an approved I-140. USCIS does honor the PD from a revoked I-140. That is what I have heard from various immigration attorneys. The PD is yours to keep. I think USCIS is generous enough to not push a person out of the queue once you have started your GC and progressed until I-140 approval.

    I agree, I am definitely breathing from the July'07 filing. Otherwise it would be worse for me and my family to be working for my first GC employer. I am on your side for that.

    A general advice don't stress yourself too much about it. It is definitely not good for your health. I use to check the status on my case every single day during my I-140 stage and got stressed out a lot and eventually earned some health problems from which I am slowly recovering. This is just a friendly advice.




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  • paskal
    08-13 05:50 PM
    now can all the 7.55 am filers breathe easy and work for the rally?
    let's go guys- end retrogression forever and ever...never again worry about the time fedex delivered- sounds good? see you in DC 9/18!




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  • Kodi
    06-28 02:47 PM
    Anyway, it's taking four months as of now. People who filed in Feb, getting approvals in June. So,if we had filed in May then, it's Sep approval.

    Hope my words go wrong.....

    I'm really hoping they'll catch up and we won't have to wait 4 months. My 6th year H1 is expiring this December and I need to get the I-140 approved so I can get H1 extension.




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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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  • leo2606
    07-14 08:32 PM
    ^^^^^




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  • ras
    07-05 09:26 PM
    I think this is a valid question that is being asked and should be answered by IV core. Am always intrigued by our behind the scenes effort and the heck that is going on. I do not want to cross the line and judge the integrity on IV core, but would really like to know exactly what we are up to. At least we need to periodic conf calls and announcement of our efforts (and I understand there needs to be some secrecy with anti-immig watching us closely).

    Though IV core has been doing a great job, with the huge member base is it really leveraging the member potential except for donations and stories? May be there should be a change in the strategy leveraging the members thoughts and putting things in perspective. Chances are a few new team members could bring new energy and strategies.



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  • vkannan
    03-03 06:41 PM
    That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn�t believe him about July 2007, and paying it for now for not having EAD.

    I know this is hard to believe especially if something comes from lawyer.






    Thank's
    MDix


    Buddy, you are scaring EB2 folks a bit there with your comment (including self...) anyways I truly feel ppl. who applied before me should get their GC....it doesn't matter which category they are in.....anyways buddy your profile says you have a PD in 2008, why do u say you missed 2007 fiasco???:confused:




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  • wolfsappi
    09-13 11:53 AM
    just made a one time contribution of $100
    confirmation number : 1V989630TG1266458



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  • vinabath
    07-20 01:14 PM
    I can see how it will affect many people's (including mine) spouses job prospects.

    Assuming it takes longer than 12 months, what are the options here? I would like to understand what AC21 says. Is having an EAD a precondition of using the AC21 provision i.e. does it say -
    "an employee after 6 months of filing 485 AND having an EAD in hand can switch jobs"

    or does it say

    "6 months after filing 485, the employee can switch"

    thanks

    To use AC21 ( to change employer) no need for EAD.

    You can do it on H-1.




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  • franklin
    07-18 03:29 PM
    I just upgraded my monthly contribution too!



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  • rajarao
    09-10 07:28 AM
    Data available in Mumbai consulate website

    http://mumbai.usconsulate.gov/cut_off_dates.html

    Category India Most Other Countries
    F1 15 April 2002 15 April 2002
    FX 1 May 2001 1 May 2001
    F2A 1 January 2004 1 January 2004
    F2B 15 December 1999 15 December 1999
    F3 22 June 2000 22 June 2000
    F4 22 May 1997 22 October 1997
    E1 Current Current
    E2 1 April 2003 Current
    E3 1 July 2001 1 January 2005
    EW 1 Janurary 2003 1 Janurary 2003
    E4 Current Current
    E4-Religious Current Current

    Great Job TSC/NSC and DOS.
    One day 2006 applications are approved and next month you go into stone ages. What a wonderful system....




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  • add78
    06-20 10:30 AM
    Is there no one here who has a few $ to donate to the organization that gave them so much back, just think about how lucky some of you were to be able to file 485 last july! That alone should be enough reason to donate! Please, please give back to the community that gives you so much in return!
    Do what you can
    At least do the action items and call the representatives.
    Thousands of legal immigrants waiting in EB queues and yet we can't reach even $20K. Let's change this perspective. Please donate in your good conscience.

    Thank You.



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  • acruix
    07-09 05:50 PM
    PD Mar 2003
    I-485 Posted June 29 '07 / Reached July 02 '07




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  • gene77
    03-22 09:28 PM
    @AllVNeedGCPC : Did you get any updates on I-485

    @gene77 : When was your I-140 approved and what is your priority date.

    Thanks!

    I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?

    @piliriver: 140 approved last month, PD Oct-2004



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  • santb1975
    06-20 12:53 AM
    Are we not reaching 20K even??




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  • spicy_guy
    09-13 12:31 PM
    Hi All,

    My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.

    Thank you.

    Pardon my lack of knowledge. Is this from beginning to end?
    I think advertising and stuff takes some time. Right? and thats not included in this 2 months. Right?



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  • Mohit_Malkani
    07-28 09:11 AM
    Xela,

    What did your employers letter say (I'm a little confused about the "employer letter till feb 1st 2010" part)




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  • needhelp!
    03-12 03:25 PM
    I totally agree to this. Everytime i try to bring this point across all that is being asked is go contribue some money. I have contributed money before and i will contribute lot more if i know what it is getting used for.

    There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.
    Unfortunately, we will never know the daily or weekly details. If you see three bills introduced in a year like you saw last year, then it is the result of lobbying effort. IV core has periodic meetings with lobbying firm and all your money goes into that. Plus several trips to DC by IV leadership, to represent YOU and ME.




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  • guy03062
    09-11 04:57 PM
    By the way, let me clarify that I have nothing against 2006 PD who got approved last month...but my frustration is against USCIS system who does not follow FIFO. Sorry if I have hurt someone's feelings.

    This is really frustrating...moving EB2-I cut-off dates to Aug 2006, approving large number of 2006 PD cases and leaving 2003 - 2005 cases aside.




    Cheran
    07-11 11:59 AM
    Between Fragoman, My Company and USCIS they sure are going to drive me nuts. I am waiting for green card for 10 years now with the same company. They are moving EB2 date and nothing gets done with EB3. On top of all these, 2 years from now, they will make all dates current which literally mean I will get my Green Card with a guy came here 10 months ago....




    newuser
    09-12 10:29 AM
    I am Ok with this idea as long as the issue doesn't get diluted.

    I think everyone should send the letter in the same format though.



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