Macaca
09-12 04:20 PM
Or do you need us to write to each of them?
I will send to washington post, new york times, AP and Reuters. I have posted the reporters that I will correspond with.
These lists are not complete. I am updating the lists.
I will send to washington post, new york times, AP and Reuters. I have posted the reporters that I will correspond with.
These lists are not complete. I am updating the lists.
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seahawks
04-25 09:22 AM
I agree, even though its a good idea, we need to be focussed and go with what is achievable. If we get side tracked, we may not get anything accomplished.
nitinboston
06-11 05:40 PM
I am very junior member on IV forums and have listened to all the experts and senior members on IV from time to time. Very solid ideas and very intelligent people! Although, I am not too familiar with the intricacies of what DOS said or what USCIS said; what I know is that there are many thousands of us who are here in a limbo for many many years. I think we have been "super- nice" to USCIS and Congress in the way we have approached them for our problems and rightly so - thats just us!
We have done our best educate them via lobbying efforts etc but wouldnt you agree that its time be a little more "assertive' now. Seriously, we dont know what the bigger picture is here. Year after Year, Month after month nothing moves with USCIS. Same old grim Visa Bulletin. I had written elsewhere that I dont even remember what my dates are anymore! Being in a western country or anywhere else in the world for 10-12 years is a long time. The culture, the enviroment and the system grows on you. Most of us left from India or elsewhere, when we were in our mid 20s . As young adults most of were explorers - soaking information, knowledge, new skills etc as we embarked on our journey to settle down in a foreign country. I think its fair to say that most of us have actually acquired our adult wisdom here. What I am getting to, is that when people talk about packing their bags and going back home - it may only be easier said than done!
I am not an expert at this but I believe we may have to come together again and we will need more visibility - maybe a six month long agressive assertive campaign - letters, flowers, rally and more all together so that we can catch congress' attention. It seems like legislation is the only way out here. Again, please pardon my inability to comprehend issues correctly, if I am wrong in saying so, but if we continue to rely on visa bulletins and USCIS; nothing is going to happen. All I can say is that whatever leaders and intellects at IV decide, I am here in anyway you all need me to help! Please feel free to ask for help at jaisinghaII@gmail.com. Thank you for reading my post.
We can do all we want, but why should any one in congress bother about us. Its same like India, if you cant vote, you have no influence over the legislature. Congress is responsible for the welfare of US citizens, guest workers are not their concern. Blunt but true.
We have done our best educate them via lobbying efforts etc but wouldnt you agree that its time be a little more "assertive' now. Seriously, we dont know what the bigger picture is here. Year after Year, Month after month nothing moves with USCIS. Same old grim Visa Bulletin. I had written elsewhere that I dont even remember what my dates are anymore! Being in a western country or anywhere else in the world for 10-12 years is a long time. The culture, the enviroment and the system grows on you. Most of us left from India or elsewhere, when we were in our mid 20s . As young adults most of were explorers - soaking information, knowledge, new skills etc as we embarked on our journey to settle down in a foreign country. I think its fair to say that most of us have actually acquired our adult wisdom here. What I am getting to, is that when people talk about packing their bags and going back home - it may only be easier said than done!
I am not an expert at this but I believe we may have to come together again and we will need more visibility - maybe a six month long agressive assertive campaign - letters, flowers, rally and more all together so that we can catch congress' attention. It seems like legislation is the only way out here. Again, please pardon my inability to comprehend issues correctly, if I am wrong in saying so, but if we continue to rely on visa bulletins and USCIS; nothing is going to happen. All I can say is that whatever leaders and intellects at IV decide, I am here in anyway you all need me to help! Please feel free to ask for help at jaisinghaII@gmail.com. Thank you for reading my post.
We can do all we want, but why should any one in congress bother about us. Its same like India, if you cant vote, you have no influence over the legislature. Congress is responsible for the welfare of US citizens, guest workers are not their concern. Blunt but true.
2011 2011 New Style Elegant Spring
Keeme
03-06 07:23 PM
Could you explain this point. Why would lesser number of FB visas be issued in a bad economy ?
Does economy state has any relation to FB visas ?
For pre-adjudication, visa availability or the chances of PD becoming current is not necessary. They can pre-adjudicate based on receipt date.
My guess:
Probably they are processing all employment based applications right away so that they can prepare for CIR 2009. I guess Obama will take CIR this year itself as he has a very high approval rating and lot of goodwill now.
Number of immigrants allowed each year since 1900s. You would see big drop at/after every recessions/depression. Reports says there is already big drop in illegel migration at Mexico border. Govt offiials of any country would do anything and everything they can to control unemployment figures.
Does economy state has any relation to FB visas ?
For pre-adjudication, visa availability or the chances of PD becoming current is not necessary. They can pre-adjudicate based on receipt date.
My guess:
Probably they are processing all employment based applications right away so that they can prepare for CIR 2009. I guess Obama will take CIR this year itself as he has a very high approval rating and lot of goodwill now.
Number of immigrants allowed each year since 1900s. You would see big drop at/after every recessions/depression. Reports says there is already big drop in illegel migration at Mexico border. Govt offiials of any country would do anything and everything they can to control unemployment figures.
more...
StarSun
05-07 10:22 AM
Please call the Senator offices repeatedly and ask your friends to call the senators too. This is very important for CIR.
We are making a difference.........
We are making a difference.........
john2255
07-23 10:47 AM
NY/NJ/CT/MA Members -
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
This is also a very good idea. By the way how many wrote to their senator's.
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
This is also a very good idea. By the way how many wrote to their senator's.
more...
peyton sawyer
08-02 08:30 AM
hey..
sorry wasn't able to notice we have the same inquiry about ds230..
anyway, you can check your case status thru automated phone system, check out the phone number in the accompanying letter you got from nvc lately.. just use touch-tone telephone
sorry wasn't able to notice we have the same inquiry about ds230..
anyway, you can check your case status thru automated phone system, check out the phone number in the accompanying letter you got from nvc lately.. just use touch-tone telephone
2010 Christian Dior Spring
for_gc
08-13 05:18 PM
Good interpreation there bro', too good to be true.
Doesn't help us any. The spillover numbers will go to the country which is most retrogressed. So, if Mexico EB3 goes back to April 2001 and stays there and there are any spillover numbers they will first go to Mexico.
Doesn't help us any. The spillover numbers will go to the country which is most retrogressed. So, if Mexico EB3 goes back to April 2001 and stays there and there are any spillover numbers they will first go to Mexico.
more...
Milind123
09-14 10:59 AM
A quick message and request�
I did not check all the posts today. Will tend to it in the evening. If it disappears off the screen, someone, please bump it. Thanks
I did not check all the posts today. Will tend to it in the evening. If it disappears off the screen, someone, please bump it. Thanks
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Jimi_Hendrix
11-20 09:49 PM
Got legal immigration?
Joe Adams holds on to his coffee cup while he anxiously reads the immigration news headlines on Google. The democrats have just won control in Washington and like all immigrants; Joe is hopeful that some immigration reform will emerge.
Joe, a native of United Kingdom first came to the United States in 1998. After graduating from Harvard Business School with an MBA he got his dream job in supply chain management. It was not long after that Joe’s company filed for his permanent residency. Life moved on and soon Joe and his wife Kathy had their first child. “The year was 2003” reminisces Joe, “I was really beginning to understand the U.S. immigration process. I was getting a handle on the numerous loops that lay ahead. It was soon apparent to me that immigration was no walk in the garden”.
Of the 940,000 legal immigrants in 2004, only 16% were skilled employment-based immigrants. About 40% of these skilled immigrants had advanced degrees, or 5 or more years of experience after a baccalaureate degree. The impact of these workers’ contributions to American competitiveness belies their small number. They add to the process of scientific discovery, technology development, and innovation, which in turn leads to greater productivity growth. Current immigration policy is abetting brain drain and forcing many of these immigrants to leave for countries like Canada and United Kingdom where skilled immigrants are given priority over undocumented and family-based immigrants.
Legal Immigration, Rewarding?
“Most importantly legal immigration has to be rewarding for legal residents and create a shining example for all other immigrants”, remarks Joe Adams. In the United States, all immigration reform for highly skilled immigrants is bundled with reform for undocumented workers. This phenomenon is representative of the apathy of U.S. immigration policy towards highly skilled legal immigrants. Many of them have advanced degrees in science and technology. They have trained and honed their skills while working in U.S. companies.
Currently permanent residency applications for skilled, employment based immigrants are backed 5-8 years. In the interim applicants are unable to change jobs, get promotions or make any major financial decisions. Highly skilled, legal immigrants need immigration reforms that will reduce massive process backlogs, improve processing by government agencies and better the quality of life while the application is pending.
Legal Immigration Myths
Extremist, anti-immigration advocacy groups have aggressively publicized myths about legal, skilled immigrants. Let us expound some of the common myths about employment based immigration.
Myth: Increasing green cards will enable more new immigrants to enter the country
Fact: Most immigrants who are caught in the employment-based immigration backlog have already spent 5-10 years in the United States. They have integrated socially and culturally. Companies have spent thousands of dollars on training these workers.
Myth: Employment based immigrants do not pay taxes and are a social burden
Fact: Employment based immigrants are required by law to file for federal and state tax returns each year. They pay social security taxes, medicare taxes, payroll taxes and all other applicable taxes. Employment based immigrants are not eligible to receive social security benefits unless their permanent residency applications are approved or unless they have worked in the U.S. for several years.
Myth: Employment based immigrants take away local jobs
Fact: Most progressive Americans realize that educated immigrant workers play a crucial role in stimulating the local economy. Highly skilled immigration fills the gaps in availability and makes the U.S. economy competitive and resilient. A recent study concludes that immigrants have fueled the US entrepreneurial economy, starting one in four venture-backed companies since 1990 and two in five in high technology. This is according to a study released by the National Venture Capital Association trade group to the U.S. Congress in November 2006.
Myth: H1B quota increase will result in more green cards
Fact: H1B has a separate quota from green card quotas. Even after an individual has approved security check, labor certification and employment eligibility; a visa number must be available for him to receive a green card. This quota is subject to annual numerical limits. Based on the current annual visa limit, applications are backlogged 6 years.
Future of Legal Immigration
It is presumed that legal immigration process works efficiently and in a clockwork fashion. However when you consider that legal applicants have to wait 5-8 years for a green card; this statement is false. In the current political environment pro and anti immigrant extremism exist side by side. A rational, middle of the road approach is largely missing. Such an approach would prioritize immigration based on the contribution of immigrants towards economic growth, the reduction of job outsourcing and most importantly rewarding those who chose to enter and continue to reside legally in USA.
Americans largely supports legal immigration. This year, the Secure Knowledge, Innovation and Leadership Bill was introduced in Senate and in the House of Representatives. This bill provides the much needed immigration reforms for highly skilled immigrants. However the democrat leadership has not yet declared immigration on their agenda for the first 100 hours of work. Unless congress collectively passes immigration relief for skilled workers, political considerations for the 2008 presidential elections will put this issue on the back burner again.
Joe Adams holds on to his coffee cup while he anxiously reads the immigration news headlines on Google. The democrats have just won control in Washington and like all immigrants; Joe is hopeful that some immigration reform will emerge.
Joe, a native of United Kingdom first came to the United States in 1998. After graduating from Harvard Business School with an MBA he got his dream job in supply chain management. It was not long after that Joe’s company filed for his permanent residency. Life moved on and soon Joe and his wife Kathy had their first child. “The year was 2003” reminisces Joe, “I was really beginning to understand the U.S. immigration process. I was getting a handle on the numerous loops that lay ahead. It was soon apparent to me that immigration was no walk in the garden”.
Of the 940,000 legal immigrants in 2004, only 16% were skilled employment-based immigrants. About 40% of these skilled immigrants had advanced degrees, or 5 or more years of experience after a baccalaureate degree. The impact of these workers’ contributions to American competitiveness belies their small number. They add to the process of scientific discovery, technology development, and innovation, which in turn leads to greater productivity growth. Current immigration policy is abetting brain drain and forcing many of these immigrants to leave for countries like Canada and United Kingdom where skilled immigrants are given priority over undocumented and family-based immigrants.
Legal Immigration, Rewarding?
“Most importantly legal immigration has to be rewarding for legal residents and create a shining example for all other immigrants”, remarks Joe Adams. In the United States, all immigration reform for highly skilled immigrants is bundled with reform for undocumented workers. This phenomenon is representative of the apathy of U.S. immigration policy towards highly skilled legal immigrants. Many of them have advanced degrees in science and technology. They have trained and honed their skills while working in U.S. companies.
Currently permanent residency applications for skilled, employment based immigrants are backed 5-8 years. In the interim applicants are unable to change jobs, get promotions or make any major financial decisions. Highly skilled, legal immigrants need immigration reforms that will reduce massive process backlogs, improve processing by government agencies and better the quality of life while the application is pending.
Legal Immigration Myths
Extremist, anti-immigration advocacy groups have aggressively publicized myths about legal, skilled immigrants. Let us expound some of the common myths about employment based immigration.
Myth: Increasing green cards will enable more new immigrants to enter the country
Fact: Most immigrants who are caught in the employment-based immigration backlog have already spent 5-10 years in the United States. They have integrated socially and culturally. Companies have spent thousands of dollars on training these workers.
Myth: Employment based immigrants do not pay taxes and are a social burden
Fact: Employment based immigrants are required by law to file for federal and state tax returns each year. They pay social security taxes, medicare taxes, payroll taxes and all other applicable taxes. Employment based immigrants are not eligible to receive social security benefits unless their permanent residency applications are approved or unless they have worked in the U.S. for several years.
Myth: Employment based immigrants take away local jobs
Fact: Most progressive Americans realize that educated immigrant workers play a crucial role in stimulating the local economy. Highly skilled immigration fills the gaps in availability and makes the U.S. economy competitive and resilient. A recent study concludes that immigrants have fueled the US entrepreneurial economy, starting one in four venture-backed companies since 1990 and two in five in high technology. This is according to a study released by the National Venture Capital Association trade group to the U.S. Congress in November 2006.
Myth: H1B quota increase will result in more green cards
Fact: H1B has a separate quota from green card quotas. Even after an individual has approved security check, labor certification and employment eligibility; a visa number must be available for him to receive a green card. This quota is subject to annual numerical limits. Based on the current annual visa limit, applications are backlogged 6 years.
Future of Legal Immigration
It is presumed that legal immigration process works efficiently and in a clockwork fashion. However when you consider that legal applicants have to wait 5-8 years for a green card; this statement is false. In the current political environment pro and anti immigrant extremism exist side by side. A rational, middle of the road approach is largely missing. Such an approach would prioritize immigration based on the contribution of immigrants towards economic growth, the reduction of job outsourcing and most importantly rewarding those who chose to enter and continue to reside legally in USA.
Americans largely supports legal immigration. This year, the Secure Knowledge, Innovation and Leadership Bill was introduced in Senate and in the House of Representatives. This bill provides the much needed immigration reforms for highly skilled immigrants. However the democrat leadership has not yet declared immigration on their agenda for the first 100 hours of work. Unless congress collectively passes immigration relief for skilled workers, political considerations for the 2008 presidential elections will put this issue on the back burner again.
more...
superdesi2100
09-10 11:25 AM
Thanks for all the efforts. Donated 100$ via paypal. Coming to the rally as well.
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addsf345
11-13 03:42 PM
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
This contradicts with the fact that many reported on IV. Ron says that one can continue employment on EAD. EAD stays valid atleast till the legally allowed time to file for an appeal, and once you file appeal, it stays active till it adjudicated.
However many ppl reported that they had to leave job due to 485 revocation. What is the truth???? Any one?
This contradicts with the fact that many reported on IV. Ron says that one can continue employment on EAD. EAD stays valid atleast till the legally allowed time to file for an appeal, and once you file appeal, it stays active till it adjudicated.
However many ppl reported that they had to leave job due to 485 revocation. What is the truth???? Any one?
more...
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susie
07-28 02:44 PM
update on case
As you know they should have answered law suit at end of May 07, then requested a further 30 days till end of Jun
Just before end of june their attorney called my attorney and said they want a resolution to case, they had little to no paperwork so requested our file which I hand delivered to Tampa on 6th July 07, so asked for another 30 days to end July
Well they have replied and agreed with 90% of our case. they say case is moot because my husband died, but my attorney says no, because they errored whilst husband was alive so irrelevant. They are also saying we cannot sue them, my attorney says there wrong
Anyway I will not bore you with all the details as I now have to do a lot of work, indexing, getting proof my son was issued an L2 visa (they are denying this), getting proof my son took steps to immigrate, which we have as he had INS medical well before his 21st
My attorney says if we win this will help so many others cases from aging out and to be strong, very hard to do at the moment.
Oh and they do not believe I am depressed, but I have the tablets and pescription to prove
And they do not believe my son is his fathers natural son, what b---tards, just cos I did not submit his birth certificate
As you know they should have answered law suit at end of May 07, then requested a further 30 days till end of Jun
Just before end of june their attorney called my attorney and said they want a resolution to case, they had little to no paperwork so requested our file which I hand delivered to Tampa on 6th July 07, so asked for another 30 days to end July
Well they have replied and agreed with 90% of our case. they say case is moot because my husband died, but my attorney says no, because they errored whilst husband was alive so irrelevant. They are also saying we cannot sue them, my attorney says there wrong
Anyway I will not bore you with all the details as I now have to do a lot of work, indexing, getting proof my son was issued an L2 visa (they are denying this), getting proof my son took steps to immigrate, which we have as he had INS medical well before his 21st
My attorney says if we win this will help so many others cases from aging out and to be strong, very hard to do at the moment.
Oh and they do not believe I am depressed, but I have the tablets and pescription to prove
And they do not believe my son is his fathers natural son, what b---tards, just cos I did not submit his birth certificate
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conchshell
09-10 05:04 PM
In the past when we predicted the visa bulletin, people came up with estimated number of visas available and based on that predictions came through, which were pretty accurate.
Does someone know (vdlrao?) what is the rational behind this move? When new year 2009's visa quota is available, how come dates have gone so much backward. So far i was keep hearing that EB2 India will retrogress by couple of months ... but what we see in visa bulletin is a retrogression by couple of years. Are there so many people waiting between 2001 and 2003, that EB2 dates have gone back to 1 April 2003? Any thoughts?? As far as EB3 is concerned, I am speechless... god knows when these people will see any light at the end of the tunnel.
Does someone know (vdlrao?) what is the rational behind this move? When new year 2009's visa quota is available, how come dates have gone so much backward. So far i was keep hearing that EB2 India will retrogress by couple of months ... but what we see in visa bulletin is a retrogression by couple of years. Are there so many people waiting between 2001 and 2003, that EB2 dates have gone back to 1 April 2003? Any thoughts?? As far as EB3 is concerned, I am speechless... god knows when these people will see any light at the end of the tunnel.
more...
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mayitbesoon
08-12 04:28 PM
We are in the same situation. Big Company. They dont really care about how much our application is delayed
Employer would not sign form 7001. Instead,can we complete the form 7001 for I-485 delay. the reason behind this is probably I-140 pending. Our priority date has been current for months. EB2 Dec 2003. InfoPass IO says that NC, BC are cleared. Do you think that this will help?
One more thing. InfoPass IO told that our application has been transferred from TSC to NSC, then back to TSC and again transferred to NSC in March 2008. But online status has no LUDs since we gave FP in Jan 2008. Online status shows that our application is pending at TSC . This is confusing and i dont know where the application is. Can we also enquire about this situation using form 7001?
Thanks.
Employer would not sign form 7001. Instead,can we complete the form 7001 for I-485 delay. the reason behind this is probably I-140 pending. Our priority date has been current for months. EB2 Dec 2003. InfoPass IO says that NC, BC are cleared. Do you think that this will help?
One more thing. InfoPass IO told that our application has been transferred from TSC to NSC, then back to TSC and again transferred to NSC in March 2008. But online status has no LUDs since we gave FP in Jan 2008. Online status shows that our application is pending at TSC . This is confusing and i dont know where the application is. Can we also enquire about this situation using form 7001?
Thanks.
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aristotle
07-20 05:05 PM
My take is that Sen. Cornyn's bill is too ambitious and tries to solve ALL the problems. It is never going to fly, especially in this political environment.
We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.
In my opinion, this is the absolute minimum:
1) Clear DOL backlogs in BECs
2) Recapture lost visa numbers
3) Dont count dependants
4) Raise per-country cap to 10%
If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.
We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.
In my opinion, this is the absolute minimum:
1) Clear DOL backlogs in BECs
2) Recapture lost visa numbers
3) Dont count dependants
4) Raise per-country cap to 10%
If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.
more...
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needhelp!
03-12 03:25 PM
I totally agree to this. Everytime i try to bring this point across all that is being asked is go contribue some money. I have contributed money before and i will contribute lot more if i know what it is getting used for.
There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.
Unfortunately, we will never know the daily or weekly details. If you see three bills introduced in a year like you saw last year, then it is the result of lobbying effort. IV core has periodic meetings with lobbying firm and all your money goes into that. Plus several trips to DC by IV leadership, to represent YOU and ME.
There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.
Unfortunately, we will never know the daily or weekly details. If you see three bills introduced in a year like you saw last year, then it is the result of lobbying effort. IV core has periodic meetings with lobbying firm and all your money goes into that. Plus several trips to DC by IV leadership, to represent YOU and ME.
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susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
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sayantan76
01-05 10:33 PM
I never came here to study. Have you heard of IIT/REC's in India. I understand there are other colleges/universities in india which your are describing here or u might have studied there but same is true for US as all universities are not A grade. There is a way to tell the fact, not to exaggerate and that too by an indian. if an american say this i can understand that he is ignorant about the facts.
Anyways all the best for Green Green Card. I can understand the desperation
i agree with you Karan and totally disagree with Gayatri. I routinely interview undergrad and MBA grad students on campus from top 10-15 universities/ b-schools in US for my company's management analyst and associate programs.
I do not find any material difference one way or the other in the quality of output between here and India (i cant speak to MS or other grad programs). Just because we are here does not mean we have to go out of the way to either short-sell our respective motherlands or indulge in trash talk about our home country to make us look more "american". And FYI - quotas are no different from affirmative action.
In fact, i read either in NY Times or Wall Sreet Journal a couple of days back that Japan is now "in awe" of indian basic school education and latest fad in Tokyo is Indian schools or schools that use Indian teaching methodology and employ indian teachers.
Anyways all the best for Green Green Card. I can understand the desperation
i agree with you Karan and totally disagree with Gayatri. I routinely interview undergrad and MBA grad students on campus from top 10-15 universities/ b-schools in US for my company's management analyst and associate programs.
I do not find any material difference one way or the other in the quality of output between here and India (i cant speak to MS or other grad programs). Just because we are here does not mean we have to go out of the way to either short-sell our respective motherlands or indulge in trash talk about our home country to make us look more "american". And FYI - quotas are no different from affirmative action.
In fact, i read either in NY Times or Wall Sreet Journal a couple of days back that Japan is now "in awe" of indian basic school education and latest fad in Tokyo is Indian schools or schools that use Indian teaching methodology and employ indian teachers.
TO BE OR NO TO BE
10-18 04:07 PM
Here are some facts:
My I-140 was approved in April 2007 and I-485 was filed in August 2007. My H-1B expired on October 14, 2010 and my employer filed (using an attorney) for an extension last month. I have original H-1B filing receipt and copy for I-485 with me. I also had EAD which was scheduled to expire on October 15, 2010 and I filed myself for renewal of EAD and AP.
I lost my driving license with my wallet yesterday.
I checked NJ DMV website and in their 6 point ID verification they accept EAD and valid I-94 (which comes with H-1B approval, but I don't have either on me right now). Does anyone know what is the process in NJ. Do they accept filing receipts as valid document?
Without license I can't drive and go to work.
Any recent experience? I would really appreciate an answer.
Thank you
My I-140 was approved in April 2007 and I-485 was filed in August 2007. My H-1B expired on October 14, 2010 and my employer filed (using an attorney) for an extension last month. I have original H-1B filing receipt and copy for I-485 with me. I also had EAD which was scheduled to expire on October 15, 2010 and I filed myself for renewal of EAD and AP.
I lost my driving license with my wallet yesterday.
I checked NJ DMV website and in their 6 point ID verification they accept EAD and valid I-94 (which comes with H-1B approval, but I don't have either on me right now). Does anyone know what is the process in NJ. Do they accept filing receipts as valid document?
Without license I can't drive and go to work.
Any recent experience? I would really appreciate an answer.
Thank you
pmb76
09-13 04:54 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 agree with you gctest. Interfiling EB3-->EB2 is the 2nd biggest scam perpetrated on the EB community after labor substitution. We must stop this dead in its tracks. It will lead to massive retrogressions in EB2 and keep the truly deserving candidates waiting for ever. USCIS just devises new laws on the fly without understanding its impact on the whole. I would call this rule very short-sighted and stupid. Nonetheless we need action at this point to do whatever we can to stop this mindlessness.
I am with you on this campaign. Gave you green.
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 agree with you gctest. Interfiling EB3-->EB2 is the 2nd biggest scam perpetrated on the EB community after labor substitution. We must stop this dead in its tracks. It will lead to massive retrogressions in EB2 and keep the truly deserving candidates waiting for ever. USCIS just devises new laws on the fly without understanding its impact on the whole. I would call this rule very short-sighted and stupid. Nonetheless we need action at this point to do whatever we can to stop this mindlessness.
I am with you on this campaign. Gave you green.
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