Sunday, June 19, 2011

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  • kak1978
    08-25 11:17 PM
    Try IDBI, they have good rates.




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  • lonedesi
    08-05 11:16 AM
    Don't we need the consent of the petitioner (employer)? Please see the line item # 15.

    Yes, you will need the consent of your I-140 petitioner (employer) to send this form. So there is no point in sending the form, if you cannot get your employer to sign it. Basically, its an employer petition and hence Ombudsman's office their consent to assist you.




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  • logiclife
    09-28 07:34 PM
    They can do "wild" approvals, however, they have to do it as per September visa bulletin. IF they dont have enough approvable 485s that are as per the Sept visa bulletin and if the approvable "ready to go" cases are past the priority dates of September bulletin, then they will be sitting unapproved as they CANT do any kind of "wild" approval.

    Keeping all dates current in Sept (like july, but intentionally this time around) could have made is easier on USCIS to have more choice and easily find "ready to go" cases to assign and consume all visa numbers.




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  • krishjack
    03-26 07:38 PM
    PD Sept 2003
    45 days letter received/replied on March/23/2006
    RIR EB3, filed in MD. Now in Philladelphia BEC



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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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  • Mygr8life
    12-18 02:30 PM
    Oops, sorry for the typo in item 1, it should read:

    1. How many total employment visas (is it = 140,000/4) are available per quarter?

    **********
    Kondur...My gut says you are probably right that "they will apply spillover only in the last quarter" but the INA law says "quarterly...". So if "by law" if they are required to utilize the quarterly quota by Dec 2009, how many estimated #s are we talking? Is the estimated spillover visas couple of hundred or 1000 or 10,000-15,000???

    Can someone answer the following (I understand IV has crunched the numbers and have predicted dates, but it would also be helpful to see these translated into #s): Does anyone wanna take a shot at crunching the above #s?

    Between Oct2009 to Dec2009 (1st quarter):
    1. How many total employment visas (is it be 140,000/4) are available per quarter?
    2. How many total EB1+EB2Row pending applications?
    3. Now the big assumption, How many of these have been adjudicated or have been alloted a visa # or could potentially use a visa #? (gurus...make some assumption).
    4. So this current quarter how many visa #s are leftover for spillover to EB2-nonRow? (theortically should/could be or must be/allocated or "used up" by Dec2009, i.e. within the next 13 days)?

    So in plain english: The answer could be as simple as "This quarter, which ends on Dec31, 2009, there could be .... visas available for spillover".

    This might be unreasonable to expect but could be useful information...Whether spillover happens this quarter or not? thats a different story:confused:

    Thanks.



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  • shivarajan
    03-07 02:30 AM
    "Bindas maamu!"

    After all those hopes & anticipations (esp. with recent soft lud's thingy) things are going to be bad in upcoming bulletin rather than good (or at least neutral).

    It's difficult to rule out news/hint provided by the website to be incorrect so v are officially screwed?

    To "sri1309" : Ur curse may have cast its spell?




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  • indio0617
    03-09 10:55 AM
    Sen Feinstein Amendment : 6303; provides an exception for refugees, aliens who apply for asylum (fleeing persecution, dictatorship) to waive passport fraud if they have comitted any.



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  • gova123
    08-02 05:27 PM
    I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.

    I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.

    Thanks a bunch




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  • kinvin
    03-09 10:07 AM
    Thank You indio0617 for the upto the minute responses.



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  • asdfred
    08-12 01:27 PM
    they are not approving h1s for consulting companies anyway
    2k more is not back breaking..the attitude and the politics of it are disturbing
    *edit




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  • Kodi
    06-22 11:33 AM
    If PD means the date you filed your LC then its May 8th, still not over 90 days.



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  • polapragada
    09-13 09:42 PM
    I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.

    If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.

    This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.

    These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.

    If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
    Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.

    This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.

    If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.

    I want everybody to get their GCs. I also am OK with the wait.
    But anything that threatens my position in the queue is not acceptable.

    I completly agree with you.... and others supported the similar thoughts in the thread gave the gree from you all

    If they want to jump to EB2 they should not not be allowed to port the PD.




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  • coopheal
    08-13 03:55 PM
    IV Core any ideas. Will this work.



    .....
    some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.



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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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  • xyzgc
    02-09 09:49 PM
    My stand is based on the premise that a man is financially responsible for his wife and his kids and not to wife's parents! The point I was making is about a completely non working spouse. It is not about a wife that leaves workforce for medical reason temporarily.
    Let us not confuse the responsibility towards a man's wife and kids with that of in-laws!
    Using the same token, a man shouldn't expect/demand any property/cash from in-laws!
    I'm perfectly OK with humanitarian and need based help. What crosses the line, according to me, is that 'taking for granted' attitude!

    If the brother in OP's story is taking care of his parents, then this situation wouldn't have occurred. Look at it other way. If the man's parents are in need of money, it is better to ask the man instead of their son-in-law!

    A man taking a stand and be done with it has a better chance of saving a marriage than a man caving to the demand and building resentment. Hey, if a man is willing to please his in-laws in all possible ways, then who are we to stop him! Let him enjoy!!

    I think, gcisadawg, the problem is the structure of the indian society. This is true with westerners too but as much true.

    An Indian/asian guy has to earn because he is perceived to be a bread winner. Unless he is properly settled he is not eligible for marriage.
    On the other hand, if a girl is not career-oriented she can still get good husbands depending on her personality and so on.
    And such girls invariably forfeit the right to send money to their parents. In such cases, one should not expect girl's parents to give her a share in their property. Its all clean.
    You have Indian house wives (many of them) but you have fewer house husbands. Even if your wife works, it is supplementary income and not the main.

    This is a complex equation and husbands and wives must understand the social structure we live in and adjust with each other.



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  • raj3078
    09-28 06:48 PM
    This is just Sad.....




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  • GOTGC
    07-24 03:09 PM
    makes no sense.....

    EB3 India setp 2006 wasnt even current in Jun 2007....

    Since LuckyPaji mentioned his brother came on investors visa, I'm thinking even he applied under INVESTOR CATEGORY-EB5..

    Probably he is right that he got EAD, 140 and 485 receit notices etc...:) ..
    Anyway he is not sure about his category..So it could be EB5 which was NEVER retrogressed..




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  • ind_game
    05-15 09:02 PM
    Maybe someone that has had to go through this can respond.

    When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?

    I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?

    I changed jobs from a desi company to a large corporation using AC 21.
    I had to file two MTRs. I have spent everything from my pocket for the two MTRs.




    vban2007
    07-15 03:06 PM
    Keep It Up Guys




    gc28262
    08-23 10:01 AM
    Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.

    I agree.

    Here is INA 203(2)A:
    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.



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