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  • anju
    08-10 01:05 PM
    Is there a way to find out if they already sent the receipt and we have not received it? My lawyer says they haven't received any receipt yet but I also think they are keen on applying more then updating us with receipts notice. I understand that. Will any one at USCIS tell us if they sent us the receipt?

    -Anju




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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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  • unseenguy
    02-08 05:24 AM
    You need to take control of your family. The problem is that you allowed your inlaws to take control of your family. Second problem is that at the time of delivery the girl probably wanted her parents to come to US but you probably called your parents and she didnt like this nor did her parents. But that does not mean her parents will emotionally blackmail her.

    1) You should tell your inlaws politely and candidly that they are interfering in your family and that needs to stop. Also communicate with your inlaws through your wife. Do not communicate with them directly. You did not marry them. They are no body to you, legally.

    2) Your wife is under immense stress due to baby and parental pressure to control her. Her parents are trying to control your family through her. This is not the time to talk about separation because she has a young baby and she needs you as much as you need your baby. So you have to tell your wife what your inlaws are doing is not acceptable and just be firm that you will not tolerate it if she wants to live with you. And let her choose between her parents and you. This will be hard but you have to show some mental toughness.

    3) When you got married , you started new family, you moved out of family of your parents. Though you dont have to break up with them, there may be some things that your parents do, that your wife does not like. You might think it is OK for your parents to advise or ask her to do things in certain fashion, but, it is NOT OK if she doesn't like it. She is a matured adult and can take care of her new family. So if you wish good of your parents, you have to "keep them at a safe distance." They should not interfere in your affairs.

    4) You both husband and wife, need to handle each others parents in a matured way without insulting them. Both of you cant change your biological parents, but you can handle them diplomatically without insulting.

    If this doesnt work, and you really want to separate, just tell your wife, that to allow things to cool down, you can live some place else for 3 months and assure her that you will take care of her and the baby. That will send a very clear message to your inlaws of the things to come. You just cant threaten to separate and run away.

    Last, I do not know again how you treat your wife and inlaws. I dont mean to judge but do you treat them right? Why are they so desperate in this situation? Also I do not know any money transactions you have with inlaws, but, I would say, its not a good idea to involve inlaws in any kind of money. You invite 50% problems there.

    Also I am confused, are you living in India or US?




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  • jkays94
    07-20 01:21 PM
    How many though contacted their Senators for this ammendment ? Chances are that Numbers USA probably put in more calls than the proponents of this measure. The least one can do is let your Senator know of your disappointment and let those who voted in favor of your appreciation otherwise if one is silent how is the Senator to know if it impacts their constituents.



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  • JazzByTheBay
    11-28 10:53 AM
    You make a good point. However, since I have mentioned both EB and FB in the article, I think it is appropriate to include that it can in fact take 20 years to get the GC. The Senate bill does have provisions to ameliorate both EB and FB backlogs, as far as I remember.

    Pankaj

    Instead, one can say "... could take up to 20 years".

    I am afraid, as we all are, that this certainly will be the case down the road with retrogression.

    Perhaps it may be a good idea to mention that with economies of countries like India on an accelerated growth path, these highly educated, skilled and experienced professionals that are an asset to America are increasingly preferring to (or seriously thinking about) returning to their home countries.

    Another scenario - 20-25 years down the road, America will no longer be a leader any more given the growth of India and China. To sustain the technological and economical leadership of America, it is critical that we act now and fix a broken immigration system, and grant those legally here for a number of years, with approved Green Card petitions the pride of actually becoming permanent residents and eventually citizens as quickly as possibly.

    Jazz




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  • desi485
    11-14 06:09 PM
    One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:

    http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16

    so I am sure there are some provisionsI hope 'lazycis' will provide some more info if he sees this post.

    Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)

    Chandu, also see this link about cancellation of employment authorisation.

    http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a3791be48df2a5191102c84123773141&rgn=div8&view=text&node=8:1.0.1.2.54.2.1.3&idno=8

    � 274a.14 Termination of employment authorization.
    (a) Automatic termination of employment authorization. (1) Employment authorization granted under �274a.12(c) of this chapter shall automatically terminate upon the occurrence of one of the following events:

    (i) The expiration date specified by the Service on the employment authorization document is reached;

    (ii) Exclusion or deportation proceedings are instituted (however, this shall not preclude the authorization of employment pursuant to �274a.12(c) of this part where appropriate); or

    (iii) The alien is granted voluntary departure.

    (2) Termination of employment authorization pursuant to this paragraph does not require the service of a notice of intent to revoke; employment authorization terminates upon the occurrence of any event enumerated in paragraph (a)(1) of this section.

    However, automatic revocation under this section does not preclude reapplication for employment authorization under �274.12(c) of this part.

    (b) Revocation of employment authorization —(1) Basis for revocation of employment authorization. Employment authorization granted under �274a.12(c) of this chapter may be revoked by the district director:

    (i) Prior to the expiration date, when it appears that any condition upon which it was granted has not been met or no longer exists, or for good cause shown; or

    (ii) Upon a showing that the information contained in the application is not true and correct.

    (2) Notice of intent to revoke employment authorization. When a district director determines that employment authorization should be revoked prior to the expiration date specified by the Service, he or she shall serve written notice of intent to revoke the employment authorization. The notice will cite the reasons indicating that revocation is warranted. The alien will be granted a period of fifteen days from the date of service of the notice within which to submit countervailing evidence. The decision by the district director shall be final and no appeal shall lie from the decision to revoke the authorization.

    (c) Automatic termination of temporary employment authorization granted prior to June 1, 1987. (1) Temporary employment authorization granted prior to June 1, 1987, pursuant to 8 CFR 274a.12(c) (�109.1(b) contained in the 8 CFR edition revised as of January 1, 1987), shall automatically terminate on the date specified by the Service on the document issued to the alien, or on December 31, 1996, whichever is earlier. Automatic termination of temporary employment authorization does not preclude a subsequent application for temporary employment authorization.

    (2) A document issued by the Service prior to June 1, 1987, that authorized temporary employment authorization for any period beyond December 31, 1996, is null and void pursuant to paragraph (c)(1) of this section. The alien shall be issued a new employment authorization document upon application to the Service if the alien is eligible for temporary employment authorization pursuant to 274A.12(c).

    (3) No notice of intent to revoke is necessary for the automatic termination of temporary employment authorization pursuant to this part.

    [52 FR 16221, May 1, 1987, as amended at 53 FR 8614, Mar. 16, 1988; 53 FR 20087, June 1, 1988; 61 FR 46537, Sept. 4, 1996]



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  • ronhira
    07-06 02:32 PM
    Guys for sake of transparency and moving ahead with a change, we should hold elections for the core team. Lobbying efforts are not working at all.

    absolutely, i need to see microsoft projects to keep track of the lobbying project. why can't the current folks show progress as per the microsoft projects plan. after the end of time and budget, we need to see the result in the form of our GC. that's how we do all our projects at work. why is this lobbying thing any different.

    if i can summarize bawa's point, we need to cut all ties with democrats, trash obama repeatedly unless we are sure that we have aligned with sarah palin and we are sure that we have been sidelined for next 8 years. wonderful strategy to ensure 100% failure, i luv it, the change we can believe in.




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  • bskrishna
    07-11 11:54 AM
    I am of the opinion that the dates might retrogress to somewhere in 2005 June as the worst case (by Oct-Nov), because the 05 numbers should really be low to start with due to PERM issues. Again this is just my educated guess.



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  • vik352
    09-11 04:17 PM
    This sounds like a great idea. It conveys our message and is funny which is why it will be picked up by media, that is exactly what we need. I am in.




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  • iam_1900
    09-11 11:50 AM
    Google Order #366480709457688

    Good luck with the rally



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  • BPforGC
    07-18 07:32 PM
    Based on what my lawyer said, this is how it happens.

    1. LC/I-140 processing is independent from I-485.

    2. I-485 RD is critical.

    3. When your date comes and when they review your application, they will check if your I-140 is approved or not. Then they will look in the application and if everything is ok (FP, background check - Name check etc) and if VISA number is available, you will get it.

    If they don't have VISA numbers available, they will not process any I-485. So, availability of VISA numbers is key when they process I-485.

    PD of I-140 comes into play when we have retrogression. Since they opened flood gates, all of us who apply now will go by our I-485 RD. Until substantial numbers of our applications are cleared, there is no chance that future VISA bulletins will be current. Even though future VISA bulletins show PD way earlier than your PD, your I-485 may get approved since you are in the system.

    So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.

    REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.

    Good luck folks.:p :confused: :rolleyes: :cool: :eek: :mad: :D




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  • acecupid
    08-26 11:37 AM
    Getting a loan from ICICI is very easy and convenient, but they rip you off on interest rates. So you have to evaluate the pros and cons. HDFC gives better rates and pretty reasonable service. Bottomline : its a trade off between interest rates and the service(ease of getting loans).

    Just for fyi.. I have a loan with ICICI and pretty happy with my deal.



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  • kevinkris
    09-11 08:09 PM
    I am IN.
    Flowers are fine.
    But may be we should send only few calculators and backward running clocks.
    Say, for example 1000 flowers and only 100 calculators and clocks.

    What you say?




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  • chi_shark
    03-02 05:24 PM
    well said and I concur!

    I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.

    During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.

    So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.

    If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.

    It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....



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  • dingdong12
    06-23 10:55 AM
    well, i just made my first payment for $100 thru paypal

    Receipt ID: 14F00794MF330594S




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  • gjoe
    10-03 04:47 PM
    We have to first fight to get all visa number allocated. How?

    1) Assign visa numbers to all I485 cases based on PD at the begining of each year
    2) After assigning the visa number they can do the rest of the processing
    3) If application is denied they can transfer the visa number to the next application in queue as per the PD

    I think this is a good start and fair system which would slove some of the problem we have today.
    We can work on getting the backlog eliminated seperately because this issue is going to take lot of efforts, money and politics.



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  • badluck
    07-06 01:52 PM
    Cmon stop the rumour. Just because some of you sent the application on 2nd doesnt mean that they will honour it. If and if they do , there will be much more serious and valid lawsuit, because they've already issued a revision from 2nd July. Under law they have to give everyone a fair and equal chance.

    So pls stop cooking rumours from your lawyer. He simply doesn't want to pay back your fee and keeping your hope high..

    2 cents

    I think you sent your application after july 2...:D




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  • makemygc
    07-06 05:39 PM
    I dont see anything about the law suit on OH site.

    Clear you cache by hitting CTRL + F5




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  • diptam
    07-06 12:07 AM
    May be all of us are trying to DIGG at the same time ....

    Page level locks :)

    Guys...digg this one religously..
    For the first time one article connects our needs to what Americans are interested in; Homeland security.




    pappu
    09-01 09:17 AM
    Everyone getting receipt notices, and not coming to the rally, (not coming to the rally -most on tracker threads), please at least consider contributing to the rally once you get your notice or FP done or get EAD!. The rally cost is huge and we can do much more if people can contribute generously.

    We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.

    Now it is your opportunity to deliver.




    satyasaich
    03-08 01:10 PM
    Could be a firewall if you are in a corporate office that impose some rules
    Otherwise i think all should be able to listen

    Update: There are only 6 members of committee, but Sen.Spector decided to start the debate

    Why is that some people are getting access and some people are note getting access to the judiciary committee hearing on immigration



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