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  • AabTuAgaGC
    01-04 12:24 PM
    I am a July 27th filer, got email that AP approved Dec 20th. Not recieved it physically yet.

    I filed on July 27th as well, but have received nothing. Not even a LUD. I have travel plans for Feb 2nd. All reservations done, ticket issued, leave approved, but still no AP:mad: What should I do:mad::mad::mad:




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  • sandy_77
    06-24 03:17 PM
    I suggest that you write at least two articles. First one should focus on our problems and costs involved at each stage for the current 5-7 years waiting period. A lot of guys out there against immigration do not currently know exactly how tuff it is these days to get a visa and come to US. Just imagine if somebody came to US on a student loan and was not able to get a job because of these visa problems as has started to happen over the last couple of years, how much financial burden he will have and how long it will take him to pay off these loans. explain how visa applicants are harassed buy the consulates, USCIS/DHS/DOS, lawyers, employers just because they can. Had everyone who came to US to study or work on his/her own merit been given a green card like visa as and when they wanted it, he/she would not be exploited, they would compete with any american citizen for a better pay (taking away the argument from the anti-immigrants that we are displacing the citizens by being underpaid). This I think would have taken away the argument that we are over populating the US or that we are immigrants for ever (not assimilating in the mainstream) because then we would be part of the mainstream and those who do not want to live in US forever (a significant number of people...leading to reduced immigration) could go back when they wanted. Look for all the problems we have to face on a day-to-day basis and ask whether we are asking more than some basic human rights and are we wrong in asking for these rights. Isn't it also one form of injustice when we are paying for medicare/social security without getting any benefits? Isn't it injustice when we cannot progress in our careers when we are stuck in this endless and ever increasing GC delays? Isn't it injustice when we are equated with the illegal immigrants? Isn't it injustice when we are asked to renew our status by paying ever increasing fees and endless documentation when there is no need unless one has left the country on his own and wishes to return? Does the country really need skilled immigrants and if it does why can't it allow them to live with some basic human rights and dignity. By denying the new immigrants these rights, dignity is the US promoting new-age slavery and forcing even the legal immigrants into shadows and back alleys of the society? Explore why some legal immigrants have to resort to illegal status (school going kids, family life, friends...age at which they migrate changes their social circle) when they cannot stay in status by legal means.

    Once you have explored and educated your article readers about our situation, they will have a better understanding of what we are requesting the US govt is lot illegitimate and may even encourage some illegal immigrants into going the legal way.




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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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  • Macaca
    09-12 12:34 PM
    If you are considering national media, please cover Boston Globe as well. I was about to coordinate this with the MA team, but if you can do this, please let us know.

    I read some national news papers. So I know the immigration reporters in these news papers. It is very important to conect with a reporter based on what she has written.

    Boston Globe is a very important news paper. I don't follow it. I will not be very effective there since I don't know what they have been writing.



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  • manderson
    01-03 03:52 PM
    I thought the Background check and AP are independent of each other. Perhaps one of the gurus can confirm this.

    Now I am worried too... man the surprises never end!

    Does anybody know whether USCIS do background checking on AP application or not ? It seems for my case they are doing as the IO told me.




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  • slowwin
    04-03 09:13 AM
    Administrator,
    can you please CLOSE this thread, please ?

    1) It's annoying to see grown up ppl fight like children.
    2) This forum needs to keep it's focus. Members are supposed to help each other and our cause. We are IV and IV is us.
    3) we do not need internecine fights, that digress's from our mission.
    4) This thread is contributing to wastage og volunteer resources, computer resources, temperments and increasing member frustations and BLOOD PRESSURE.

    I humbly request you to put this to rest by closing this thread.



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  • gctest
    09-13 04:10 PM
    People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.

    Here is the form you can fill out to express support:
    http://spreadsheets.google.com/viewform?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en

    View the read only document here:
    http://spreadsheets.google.com/ccc?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en


    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.




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  • vdlrao
    06-10 10:56 AM
    The July 2008 Visa Bulletin has said Exactly the same, but in different words, what I have been saying for the past few months about the EB2-India and EB3-India Movements.

    EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to EB2 India,because the spill overs will be alloted based on the priority of old PD(Priority Date). By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is it touch 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.


    For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead.



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  • shreekhand
    07-24 02:19 PM
    A# is not a visa number but a file # assigned to each individiual applying for permanent immigration.

    Visa number is something that is not visible to the petitioner but a way to count of how many visa are issued for the various categories by the DoS.

    Pardon my intrusion here! I searched various forums but I couldn't get any solid threads on visa number because it is so common term the search always yields wrong threads! so can some one tell me..what is a visa number after filing 485? is it same a A # ? or is there another number besides A#? Do we see it on 485 reciept? if not how do I find out? I




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  • p_kumar
    08-12 01:09 AM
    MESSAGE BOARD Message Board Home
    I am seeing this kind of messages on different messageboards. are they pulling our legs or is it really true that people who applied in june 2007 are getting approvals?.:eek:

    --------------------------------------------------------------------------------

    Happy
    05.45 485 approved! (6 replies)
    Posted: 8/11/2007 4:57:36 PM

    I got my 485 approved yesterday. I applied for my 485 this June 13th I got my approval yesterday I am very happy about it. I hope everyone who applied will get their approval soon. Basically I am in marketing I want to get trained in java to get into IT field. Please let me know you�re thought is this a good move.



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  • marwan234
    08-24 01:07 PM
    My wife is on H4, i'm on H1B. She applied for DL renewal and was renewed for 1 yr.
    They accepted visa, passport, i-94, and H4 renewal receipt notice.
    They gave her one year from receipt notice.
    What a relief. i was worried they would not accept it.
    That was in Sterling VA DMV.:)




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  • GeetaRam
    11-30 03:28 PM
    Hi,

    I was following this thread and it has good information.
    I have EB3 labor and I-140 approved with priority date March 2005. I couldn't file my I-485 in 2007.
    Recently thru same employer I filed EB2 labor which got approved in Sept 2010. I have filed my I-140 under regular processing. I asked my attorney and he said as I already have one I-140 approved I should file this one under regular processing. USCIS might reject premium processing. Any advice.
    My 6th year of H1-B is getting completed on Sept 2011.
    Please suggest should I file my I-140 under premium processing? Should I try to convert it???
    9 years and VayuMahesh any inputs... congratulations to u both for successful I-140 approval and porting....

    Thanks in advance...



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  • sampath
    04-25 02:04 PM
    I did'nt start this thread. I just expressed my opinion supporting it, when I saw others' express their views..

    I don't understand what you mean by saying "take this offline". Anyway, if you are the admin, you can delete this thread and put it where you want...




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  • nivasch
    03-09 05:07 PM
    From Visa bulletin for Schedule A Workers (Q..)

    ===============================
    Schedule A Workers: Employment First, Second, and Third preference Schedule A applicants are entitled to up to 50,000 �recaptured� numbers.
    =======================
    So from now on words those 50k can be use for us?:confused:
    -----------------------
    EB3_NEPA, I'm pretty sure that's how it works. They first use the regular EB3 numbers available.



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  • JazzByTheBay
    09-12 12:16 AM
    Thank you so much for doing this.... come on folks, step up to the plate - Milind123 has made a great offer!!


    http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg

    SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!

    cheers!
    jazz


    This is specifically for those people who have never contributed but feel like contributing but for some reason hesitate to pull the trigger. For all such people who start a monthly contribution of $50 and promise (not to me or anyone else but themselves) to keep contributing for at least the next 6 months, I am going to make a one-time contribution of $50 for every such person. I have a modest upper limit, which I will disclose after the first 10 new contributors.

    So people, Sept 18th is approaching fast and IV needs your contribution. Now is the time.

    The only requirement is that the member has never contributed before and starts a $50 dollar recurring contribution. For every two new contributors I will make a $100 one-time contribution. Moderators may verify my contribution.




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  • rcahk
    06-24 03:16 PM
    Do not complain, mine is RIR PD Oct. 2001 and still waiting. I think they should hire someone with brain to handle the missmanagement, like an H1 visa holder. Ooops, I forgot, cap already reached till Oct 2007.



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  • Libra
    09-10 05:11 PM
    thanks ssprof




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  • csreddy329
    12-11 04:08 PM
    After I-140 approval if we are allowed to file 485 that will give us big relief, Willing to contribute big time if IV can make this part of its agenda




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  • trueguy
    03-03 11:11 AM
    Not much movement.

    EB2-I : 15 August 2004
    Eb3-I : Either U or 15 Jan 2002.


    Thank's
    MDix

    I agree. EB3-I would go U for rest of the year.




    Mayday
    05-09 11:32 PM
    Yes, it does. So it's a vertical orientation and says "temporary visitor status expires mm/dd/yyyy" in red.

    It would be really interesting to get that law quote, as it might effectively make it impossible to get contract jobs with terms shorter than 12 months (actually even 13 months to be realistic).




    jonty_11
    07-06 12:09 PM
    They have just linked the two things together making it more explicit.
    they are indeed trying to cover loopholes for people to keep applying in the window of opportunity....



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