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  • sri1309
    09-11 07:43 PM
    How do I start a new thread,

    Please help,

    Thanks,
    Sri.





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  • immi_twinges
    07-20 04:13 PM
    I think its the right time to get in touch with the USINPAC. Not only USINPAC but all communities who ever have pacts with US government should start getting involved.

    "United we stand divided we fall"





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  • polapragada
    09-14 05:45 PM
    Keep aside porting the PD between EB3 to EB2.
    Just try this

    Say, you wanted to buy tickets to a show or travel, there are more than one counter which is issuing tickets. You have to choose some line at random. Obviously like the people Pallavi79 choose a line which is shorter in length. After some time person observed that other line is moving fast so wanted to jump to that line. Thats fine. If you try to jump into middle of the other line based on your time entered into 1st line. If you are demanding the position...Think the situation??

    And after some time if you see EB3 row is runnign fast you will jump back there? Is this a game you think??





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  • bsbawa10
    09-11 08:53 PM
    . I am in a big favour of sending letters to USCIS and to congress men with some information about what USCIS has been doing. I am also in favour of sending some pamphlets. I have already prepared some. Please see.
    http://immigrationvoice.org/forum/sh...5&postcount=33



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  • kevinkris
    01-03 08:42 PM
    Applied Aug 13th.. FP done.. EAD cards came.. no AP yet..:mad:





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  • syendu1
    01-10 02:53 PM
    Did you have unexpired H1B / I-94? In my case I am on EAD / pending I-485 / AOS (expired H1 / I-94) & BOA didn't approve.
    Do you know any one who didn't have H1B / I-94 but got loan from BOA based on AOS?

    yes, i had an unexpired h1b/i-94. yes, i do have friends who were not on h1b/i-94 and still got approved from boa. for some reason, i believe, its pretty much the agent who handles your case decides on these issues. i remem' for one or two things which are supposed to be important, my agent asked me not to worry about and i dont think i gave him a copy of my h1b visa either.

    sy



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  • perm
    07-20 04:09 PM
    this is not over

    2. Durbin was the man again...that derailed us.

    can't expect anything better from him. i had sent an fax to him for some drive and he replied back with his propanganda of no child left behind of something like that.





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  • ps57002
    09-15 08:57 PM
    all those hiding, come forward...come to the rally. We NEED to be heard. It's time to be heard loud and clear. EACH AND EVERY NUMBER COUNTS. Like each drop makes the ocean, each member that comes to the rally counts...each and every single one. you think if only you don't show up, so what...imagine if everyone thought same..there would be no rally. no one would hear us. Nothing would change...change your thinking. You matter. Each and every member matters. Each person who shows up matters. We are all like drops of water which together make a powerful ocean that can wash away anything in it's way....

    Think..act...before it's too late...this is the time. It's NOW.



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  • watertown
    03-04 10:31 AM
    Guys,

    My AP received date if Oct 31, 2007 and I called NSC 10 days back and requested expedited processing due to my dad's illness (Lung cancer). The lady IO was nice and she initiated the process and while on the phone she was typing the required info on their system. Finally she gave me a WTC number and told me to go to local DO if I didn't get the AP within 10 days!

    I was so happy!! Following the phone I saw soft LUD on my AP case for 3 days and then stopped. Nothing happened!! I've made an Infopass appointment for local Boston office USCIS and will see what happens!!!!

    Anybody got a WTC number?





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  • jojet
    03-04 02:33 PM
    HI GUYS,
    me and my spouse filed 1485 in july 2007 with a received date of 10/07/07.
    we donot see anychanges online other than the case received and pending notice.
    is there a way we can find the status of our case.if name check is cleared,any further finger printing as we only did once in 2007.ours is eb3.any input highly appreciated.



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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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  • krishnam70
    01-14 12:11 PM
    Think NSC needs to wake up about this AP delays. Lots of travel plans cancelled or moved to later dates to deal with this inordinate delays. Is it time for another flower campaign?



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  • micofrost
    07-18 06:57 PM
    Does PD exist just to be able to file I-485? Or as some members say, does it also play a role after filing I-485 for adjudication? Does CIS go by PD or RD when the visas are limited?

    Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
    If visa numbers are current for both of them, then its a matter of luck, whose application gets processed quickly and which guy's application reaches to the approval officer first. That time both have equal chance.

    Ofcourse PD is considered for VISA numbers, not the RD. RD is good for portability issues like AC21/180 days rule. So B can switch jobs 23 days before A. Again that (180 days rule)also as per some lawyers isnt a hard n fast rule. Hope it helps.





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  • StuckInTheMuck
    07-11 10:53 AM
    First new Iphone and now this news. I am still in Sep 06 but this type of things keeps the hope alive :).


    Maybe you should now change your handle to USDream2DustBack2Dream :)



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  • Jaime
    07-20 11:41 AM
    Guys, don't be disappointed about the Cornyn amendment failing! Here's why:

    There is a lot of noise already (thanks to IV generating it) about the injustices that we legals face, and the urgent need to reform the legal GC path. I am thinking that senators have heard our friend Zoe and are now realizing that such reform is needed and are now trying to determine how to best use or spin such a potential reform in their party's favor. Therefore, even people like Clinton voted no, because if the Cornyn amendment had passed it would have denied them the visibility and publicity that a well-organized and publicized bill would generate. Clinton has spoken in our favor before, and I think that she voted nay now in order to later be part of a more visible (and politically-rewarding) solution for us.

    What we REALLY NEED TO DO right now is support IV as much as we can, and continue to create noise and get our VOICE be heard, but we need to act as a group, as a team. Work together, be heard everywhere. Enough already with us being quiet, keeping our heads down while paying taxes and taking all the abuse! We will continue to be great citizens, meet all our duties and obligations, but this time we will ALSO BE HEARD! Let's go! We're strong! We can do this!!!!!





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  • snathan
    08-24 11:22 PM
    i had put up the previous two posts on this page asking about relief for Schedule A professionals in 2008......time has passed by but nothing has changed.....no sight of any relief or any schedule A bill........missed the july 2007 fiasco due to employer insisting on 40 day cool off period........have been in US for 6 years......no sign of EB3 india being even close to Oct 2007 (my PD)........employer has refused to file EB2 point blank.......no other employer ready for EB2........spouse on h4 visa since oct. 2006......have lost all hope and just going through the motions......is there light at the end of tunnel???

    I dont have any idea about Schedule A. Did you take part in the poll - want to file I-485 gather here. We are actively working on this. If you want to participate send mail to IV coordinator.



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  • peyton sawyer
    07-23 08:26 AM
    hi fruity..

    we have the same concerns regarding the ds230 approval..

    anyway, i just wanna ask about what you said earlier.. is it true that there are some August scheduled embassy interviews being cancelled? what did those people you know exactly said about this?

    hear from you.. thanx





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  • gc_check
    07-21 07:31 AM
    Friend

    I recently got a aloan from BOA on EAD without any probem.
    The Loan officer was fully aware the visa sattus. Dont know how he maneged but for me I didn't face any problem in financing from BOA.

    If you still face problem send me a private message an I will pass his informations so that you will be on right loan offcer hands who understand visa status etc.

    Do you posses a valid / current visa along with EAD. They seem to be okay with visa, and seems to lack knowledge on the EAD/485 stuff. Can you please PM the link to the loan office you worked, if he is agreeing to talk / provide updates. BTW, mine is a re-finance, and never had problem before and this is the first time, the visa issue is causing difficulties. The reason I went through this loan agent is the rate I am getting.





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  • rennieallen
    09-28 08:51 PM
    They are working overtime for it, hopefully 24 hours as well. This is my fear even before this announcement that visa numbers be wasted again.

    Maybe we can volunteer to adjudicate each of our own case...lol!

    When I was a kid in school the teacher solved the bottleneck (of him/her doing the correction of tests) by having the students mark each others tests.

    I'd be happy to adjudicate your case JunRN, if you'd adjudicate mine; heck, I'd even let you use your "current" Bank of America visa in place of a DOS visa :-)





    Libra
    09-10 04:50 PM
    thank you meandmygc please post your info on this thread someone will contact you. thanks.

    http://immigrationvoice.org/forum/showthread.php?t=12441





    Milind123
    09-14 07:09 PM
    Thanks you so much for your contribution. ivvm, deardar, claudia255, gconmymind, Bhanu, mdmd10 and our special guest dtekkedil participated in this round and we were able to exceed our target expectation. This closes our seventh round.

    I still have to fire three more shots. I will post details of the next two rounds shortly.

    Note: For the just concluded seventh round, I already fired a shot earlier.



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