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  • nk2006
    10-28 02:39 PM
    Thanks to everyone who have already sent emails to Ombudsman. We need to do more to get positive results, please go to: http://immigrationvoice.org/forum/sh...ad.php?t=22182 and send those 4 letters.

    Others who have not yet acted on this, please go to that thread; download the 4 letters and mail them.

    As many people mentioned here and other web sites, the denials are continuing and we need to act now to stop this before it gets even worse.

    (Please continue future discussion at: http://immigrationvoice.org/forum/sh...ad.php?t=22182)




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  • arc
    09-09 02:36 PM
    And Help!




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  • CADude
    07-26 04:47 PM
    Read Section 6 of SOP [first para]. Please don't guess. As explained by many it's combination of RD and PD.

    I think it will be based on the receipt date because if we look at the Service Center Processing Dates, they mention "Now Processing Cases with Receipt Notice Date of".

    Any suggestions??




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  • ImmiLosers
    12-23 06:38 PM
    I have recently contacted CIS Ombudsman (3-4 Months ago) regarding my I-485 application.
    My lawyer is perpetually suggesting it may jeopardize the case.

    Is it true? and Why?



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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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  • villamonte6100
    04-02 01:37 PM
    Villamonte - the laws are such that USCIS cannot screw up much for ROW, especially if they are not in EB3. I hope you are not gloating much about your luck. However, you cannot extrapolate your fortune to say that USCIS is an efficient organization.

    However, the laws are such that USCIS does screw up a lot with EB2 & 3 for India and China. They have to play games of predicting visa number availability between two departments (DOS & USCIS). They completely screw up the FIFO for Indians and Chinese within Indian & Chinese applicants. Luckily the FBI namecheck nightmare is over which will restore some sanity. There are many people who have to wait for years due to USCIS inefficiency.

    I know an Indian case where PD was current and USCIS screwed up. He had to sue USCIS to get it fixed.

    D.E.D is such a numbskull retard that he doesn't understand these concepts. All he harps is that you cannot investigate USCIS and USCIS awards H1B. The greatness of American democracy is that even a foreigner can ask the courts to investigate the wrongs a govt organization has done to them. In fact most democracies around the world allow that.

    Besides USCIS does not award the H1B. It just follows the laws set forth by the congress and processes the H1B applications based on those laws.

    D.E.D. just go back to the cave where you came from.


    You are entitled to your opinion.



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  • Libra
    09-11 10:24 AM
    sunderpn, vaccine and amit1234 thank you guys for your contributions. hope you guys can make it to rally.




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  • tcsonly
    11-10 08:37 PM
    Count me in. I am in Pasadena, Los Angeles county.

    C.



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  • eb3_nepa
    07-05 01:19 PM
    People Instead of "PREDICTING" what will happen in Oct 2007, Call and FAX Now!!

    My local Congressman's office was very sympathetic and will look into it. Unless you make a noise, no one will hear you or even care.




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  • Milind123
    09-15 08:30 AM
    thanks Zappy pvhemanth :)

    Thank you Zappy & pvhemanth for the very nice contribution. I thought you would come after our three sponsors have pledged. That was really nice of you.

    May I now request contributions from the people who have contributed only once? If you have contributed some time back please consider doing so now.
    Also, if you have contributed before and do not plan to contribute now, we would like to know the reason? There is obviously some disillusionment. If you don't feel comfortable posting, feel free to send out a PM. We will try our best to address your concerns. Remember your contribution before the rally is slightly more beneficial for IV.



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  • surabhi
    09-09 01:03 PM
    I think real estate will be attractive in 2-3 years time if atleast 2 of the following happen


    Prices remain stagnant since all builders are factoring in the growth. A stagnant price means real loss of 12% every year ( inflation rate)

    Interest rates have to come down to 6 - 7% level in India to make it affordable

    Rupee has to depreciate further to make it attractive to transfer and invest


    In current situation its foolhardy if someone is investing their 2nd /3rd home/plot in India. People seem to have lost bearing on decent diversification, asset allocation.




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  • eb3stuck
    07-15 04:27 PM
    Count me in. I live in LA County - San Gabriel Valley

    EB3 - RIR - India
    PD 4/02, LC 9/05, I140 01/06
    I-145/EAD sent 6/28/07???
    9th year of H1 B, with 3 year ext. not stamped
    Spouse on 9th year H1-B
    1 time contribution ($200)



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  • Macaca
    09-14 06:25 PM
    Foreign workers with skills find open door After waffling, the U.S. suspends the wait to apply for green cards (http://immigrationvoice.org/forum/showpost.php?p=127944&postcount=788) By Teresa Watanabe (teresa.watanabe@latimes.com) | Times Staff Writer, July 21, 2007




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  • reachag
    12-18 02:30 PM
    # nycgal369, Senior Member like you coming up with this idea...hmmm..

    Do you think mass rallies by illegals has helped them? Did not it back fire? will be the same for us. Will not help. The question is not about being scared, its more about doing the right thing.

    First of all, forget about back firing, can we get 100 people to do this. IV has been trying for funds and i dont think even 10% have contributed..why would u think any one would loose a pay day? even if you take 20$/hour i.e 160$ per day. Lot of members are not ready to contribute 50 bucks :) There might be a few who can not contribute due to various reasons and i totally sympathize with them but what about the remaining?

    My point is not to discourage but just for a reality check



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  • DCQC
    08-21 04:03 PM
    Hi,

    Can we use the I-485 receipt notice for extension of DL for my wife. She was on H4 which expires Oct 20. She plans to use the EAD card to work and we will not extend her H4 unless EAD does not come before Oct 20. She got a letter from DMV yesterday asking for additional proof for extended stay. Also will EAD suffice as evidence?


    We live in California.




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  • pitha
    07-19 04:09 PM
    Guys please enroll for recurring contributions. Its for our own good. Please dont sit under the misconception that since we applied for 485 and we get EAD we might be ok. you are not safe until you have the green card in your hand. durbin, grasley, ron hira are out there to get you, I wont be surprised if they come after EAD once they are done with H1. Please contribute to IV so that we can work on the next leg on the process, be it SKIL or visa number recapture or whatever comes but to do that IV needs money, please contribute so that we can build on the momentum. Junior members, news members you are the new blood please come forward and contribute. To existing members please think about increasing the recurring contribution amount.



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  • eagerr2i
    07-15 10:21 PM
    Dear So Cal members.

    nice to see good activity on the forum. Please hold on from holding any rally until you hear from IV core. We have some good synergy amongst or members in So Cal, lets plan a meeting in the coming weeks and decide on an action plan. I would encourage you to start thinking about ideas/specific actions we can take. I have a few ideas and would share it on our so cal email distribution list. Who can take the initiative to organize this meeting? Twinbrothers? any one else? Pls P.M me.




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  • gcseeker2002
    09-13 05:47 PM
    What can we do about it ? I knew 3-4 guys who ported from EB3 to EB2 and even got their 485 approved because of this, during August.




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  • p_kumar
    07-20 03:28 PM
    I thought if we dont get the EAD after 90 days, we can walk into the US Embassy in the city nearer to us and get the EAD on the spot(more like a driver's license).:eek:




    ronhira
    07-06 02:00 AM
    Change of what? 30 mins lunch to 3 hour lunch ???

    will that not qualify for a change? change we can believe in? at least this is better than bawa




    pd_recapturing
    11-24 05:21 PM
    I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
    One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??



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