Thursday, June 9, 2011

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  • gcseeker2002
    04-03 01:25 PM
    My First Post :

    Initial EB3 - 07/2003 with fortune 200 company, got laid off in 10/2010 after working with them for 11 years.

    Joined small company in 11/2010, Perm EB2 - 12/22/2010 - Approved on 01/06/2011
    I140 Premium - 03/02/2011. Both 140 and 485 approved on 03/15/2011 - Current Law Firm received 140 approval notice on 03/18/2011, Previous company's law firm received 485 approval on the same day.

    how come you joined the company in 11/2010 and applied on 12/22/2010 ? my lawyer is in the 3rd week and finalizing job description. she says advertising takes 30 days, pwd takes 6 weeks, etc etc, and that it cannot be approved without atleast 90 days of prepwork.




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  • IAMINQ
    02-04 07:28 AM
    I got my labor approved from Philadelphai Backlog Center around Dec ' 2005. It was filed in March 2004 (RIR). If anyone needs more info mail me.

    Thanks,




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  • gene77
    08-18 12:53 PM
    Please continue to post your comments on the letter - the sooner we can all agree upon the content, the sooner we can start sending these out.

    Also, is there a possibility of having a common meeting (all retrogressed EB3 candidates) with Congresswoman Zoe Lofgren expressing our situation - just a thought.




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  • himu73
    09-10 01:49 PM
    contributed 100$. All the best for the rally



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  • gc_on_demand
    04-30 03:00 PM
    We dont need EAD And AP if they process 485 in 6 months or less




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  • needhelp!
    09-10 05:06 PM
    vandanaverdia's friend, stillhopefull , asanghi, axp817, xtetic , srgadi, gcnirvana, himu73, iqube00, desperatedesi , Harivinder, vijay1974 , manugee, niva



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  • glus
    07-06 01:05 PM
    What the USCIS has done today is what they call "Locking the stables AFTER the horse has bolted" ;)

    What a bunch of idiots, i swear this is WORSE than ANY of our home countries. Like I told my friend yesterday, atleast if the USCIS call center was based in India, the answers would have been consistent. They may have all been Wrong, but atleast they would be consistent.


    This is going to drag forever. Now, the USCIS will surely get investigated, as they approved some applications without FBI check complete....bunch of idiots in fact. I wonder when Chertoff will resign.....




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  • kate123
    08-23 08:21 AM
    Does it mean the eligibility criteria/job requirement for EB2 is changed from Bachelors + 5 years of experience to Bachelors + 10 years of experience?

    This line is not good:

    (ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;



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  • priti8888
    06-24 04:13 PM
    Think about this

    Only EB India /China /mexico/Philipines(ICMP) suffers the most for their GC's

    EB ROW do not worry about GC process as much as ICMP. Their wait is not more then 2-3 years.

    Its wrong to generalize that since ICMP's suffer , all other EB's suffer.

    Its totally baseless to generalize that since ICMP's dont invest , go back to home countries due to GC , everybody does.

    US does not gain from intelligent Indians only. There are PhD's and smart ppl from other countries as well.




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  • sundeep14
    06-11 10:33 AM
    this really sucks !



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  • gcdreamer05
    08-13 04:36 PM
    so any hopes about what would happen on oct 2008 bulletin for eb3, will it go back to nov 2001 or atleast will it go to 2003 :(

    It looks like a long wait for us eb3 folks.........




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  • Macaca
    09-14 07:22 PM
    Immigration Paralysis (http://immigrationvoice.org/forum/showpost.php?p=134837&postcount=852) By George Melloan (george.melloan@wsj.com) | Wall Street Journal, Jul 27 2007



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  • eb3_nepa
    07-14 05:42 PM
    Go to TOP

    Hey kevin can you please update your signature to reflect that you contributed towards this campaign and add the link to this thread to your signature.




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  • mirage
    08-17 09:38 PM
    What if you spend 3-4 K in the new GC process, and after writing these letters USCIS wakes up and release statistics that they have 2000 EB-3 I pending for 2002/2003 and 1000 for 2004 will you still go ahead ? I guess for us the most important thing is to know how many cases are really pending. As I am not filing a new EB-2 and what if there are 15K cases in 2002/2003 and 50K in 2004, I'll be sitting here all my life looking at Visa bulletins :o
    GC Life screwed me badly, couldn't file in EB2 2 times even though eligible because of a couple of idiots, only action item I can think for myself is re file in EB-2 which I am doing it very soon and have an appointment wirh Mr.Khanna tomorrow.



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  • gc_check
    07-11 12:28 PM
    Hi,

    My wife is on H4 and she has her H4 extension approval. But the local DMV says that they need to see a visa stamp in her passport to issue a DL. Its actually exchanging her out of state DL! Can anyone from NC (Raleigh, Cary, RTP, Durham etc) share their experiences please.

    This was introduced very recently and unfortunately they are asking for a VISA Stamp in Passport. Earlier they were not issuing the DL without an ITIN if you do not have SSN; my wife had to wait for almost a year as you cannot apply for ITIN unless you send the W7 with your tax returns due to new regulations. Now they are NOT concerned on ITIN, but are looking for VISA stamp. Only thing that can be done online in NC with regards to DL is you can get a Duplicate DL online if lost or your address is changed. Try writing to Congressman David Price and see if you can get assist from him. I know this office has helped folks here on Visas before for other issues.




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  • gcpain
    04-25 04:41 PM
    This is good for everybody and solve lot of problems.



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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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  • sanju
    04-30 02:49 PM
    Michael Aytes starts speaking - provides stats about how good USCIS is doing and how many people were processed/given green cards.




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  • VivekAhuja
    06-26 09:47 PM
    America does not need to do anything to get more workers. People will keep coming and it will always be a positive flow of good talent into America. The only Indians (and others) who might tell you that they do not want to come to the USA and the American dream is gone, etc., are talking bull and they know it. They will jump on a plane "the next minute" and come if the could. It's the same thing always: Go back Yankeee.................................and take me with you."
    That will never change. If it did we would not have IV forum or so many members.




    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.




    nlssubbu
    08-14 03:04 PM
    The following are the reason for Eb3 situation.
    Anyone who have 3 year or 4 year degree can apply. So Other country also there is a demand. So it is nearly impossible to get other country quota. For a few thousand green cards atleast 100k persons might have applied till 2008 in EB3. So there is not much chance for improvement. It may move a few months to 2 years in 2009.If some bill is passed then most persons will get relief. But still some chances for recapture bill in house. But the reaction at Senate to be seen. Next year they may give a best attempt for CIR so that Congressmen will get a chance to do overtime also for hot news in Media. As usual CIR is unpredictable at best.

    EB3 does not require a 4 year degree. It consists of people helping in cooking, full time baby sitters from third world countries, helpers in grocery stores, farm workers, nurses, etc as well. This is why the participation of EB3 folks here is very less and IV attracts only the technical work force. I would suggest a mass campaign to attract this crowd as well to IV for support. Even if they are brought, due to the low wage rate I do not think how much of contribution that will result for IV.

    This is my observation so far.



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