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  • yabadaba
    08-10 01:09 PM
    Diluted drinks wont help you - Have " straight up "...

    Its August 12th today and we are really screwed
    dude its august 10th? wait till 4 pm to start drinking at least :D




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  • gccovet
    10-20 12:03 PM
    The thread needs to float on top

    ^^BUMP^^




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  • fruity
    07-22 06:27 PM
    I am glad to see sked A here. I have been following this forum for a long time now and there is nothing for healthcare prof though the discussions were very helpful. As I can see it, the july VB put benefits on those going through AOS but as a result those whom I know who are scheduled for interview in their home countries in AUg. was cancelled.




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  • Macaca
    09-11 12:11 PM
    Just made contribution of 500$



    No person was ever honored for
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    Honor has been the reward for
    what he gave
    Calvin Coolidge



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  • GCwaitforever
    05-24 09:47 PM
    RIR EB3 India
    PD oct 28,2001
    I haven't received 45 day letter yet. My lawyer faxed twice to find out the status but no reply from PBEC. Is there any way to find out the status?Anybody here whose case is pending from 2001.

    Typically they send replies after a month or so. So please be patient and give a month or two. Then you should see some info regarding case status.




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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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  • swede
    04-03 08:58 AM
    RIR EB3, filed in PA. Now in Philladelphia BEC
    PD Dec 2002
    45 days letter received May 2005
    My 6 year H1B expire in Aug 2006
    :(




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  • champu
    02-13 09:22 PM
    i am going to marry my sister's daughter.. Sweet girl

    All the girls are not like that. ;)

    anyway my comments are about the crazy, career oriented, tradition less girls. And most of teh US girls are like that. Ofcourse not 100%, there may be few jewels..

    Isn't it incest



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  • anantc
    09-03 10:56 AM
    Arrived in the US in Sep 1999
    Started the GC process in Apr 2003.
    Labor filed in Oct 2003
    Waiting... :D




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  • SGP
    10-21 02:37 PM
    Hi All,

    My EB2 I-140 Approved in 2 days (Premium Processing).

    Service Center: Texas
    Application Received Date: 10/12/2010
    Application Approved Date: 10/14/2010

    This is just to share with all of you.

    Thank you.

    Mubarak Ho (Congratulations). Do include something for IV in your celebration spree (if you can):)



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  • insbaby
    07-06 12:16 PM
    .
    >> Although 30,000 people are IV members

    Update:
    18,344 members have zero post.
    21,807 members have zero or 1 post.
    27,370 members have zero to 10 posts.

    That should give an idea how many members are really "active" on IV.

    30000 - 27370 = 2630 (more than 10 posts)

    At the end,

    1. Let us assume 1500 people using it actively every week,

    1500 * $25 = $37500 / month
    1500 * $20 = $30000 / month
    1500 * $15 = $22500 / month
    1500 * $10 = $15000 / month
    1500 * $5 = Why do you need GC? A McDonald's lunch cost > $5

    2. Let us assume 1000 people using it actively every week,

    1000 * $25 = $25000 / month
    1000 * $20 = $20000 / month
    1000 * $15 = $15000 / month
    1000 * $10 = $10000 / month
    1000 * $5 = Why do you need GC? A Subway lunch cost > $5

    3. Let us assume 500 people using it actively every week,

    500 * $25 = $12500 / month
    500 * $20 = $10000 / month
    500 * $15 = $ 7500 / month
    500 * $10 = $ 5000 / month
    500 * $5 = Why do you need GC? A Jack-In-Box lunch cost > $5




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  • ind_game
    05-20 04:30 PM
    Did any of you get the same letter with the same content below .........what baffles me is the last sentence that says "The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover."

    Your help is really appreciated in this.........Sorry I am little bit pessimistic here......


    FINAL UPDATE

    HURRAHHHHHHHHHHHHHHHHHHHHYYYYYYYYYYYYYY


    My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.

    ::::::::::::::::::To recap::::::::::::::

    I went to the Congressional office on 05/14/2009 morning.
    Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
    USCIS sent letter to my attorney on Friday (05/15/2009).
    My attorney received it this morning (05/19/2009).

    Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......

    Here is the wording:

    Quote""""""""""""""""""""""""

    Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.

    The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.

    The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.

    After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.

    The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.

    Sincerely

    """""""""""""""""""""""""""""""""""""Unquote



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  • chanduv23
    06-13 12:36 PM
    Come on folks - your contributions are highly appreciated




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  • bluekayal
    08-23 04:54 PM
    Rest easy folks:

    Mayorkas said he was determined to “get it right and get it fast.” “The community deserves consistency,” he said. “These are our customers, and we are committed to improving customer service.”

    The latest example of the changes wrought by Director Mayorkas is an opportunity to allow the public to comment on interim guidance memorandums before they becomes effective in final form. This type of pre-effective-date chance to comment never happened before with the old INS or the pre-Mayorkas USCIS. The early-peek opportunity for comment allows the agency to withdraw with dignity intact from a position that stakeholders may show is contrary to law or legitimate business practices. For example, USCIS is now accepting comments on a guidance memo with a dry title but a topic of great significance to many prospective green-card applicants with high levels of accomplishment: “Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions.”

    This particular guidance memo arises from a debunking the agency received from the Ninth Circuit Federal Court of Appeals in Kazarian v. USCIS, 596 F.3d 1115, C.A.9 (Cal.), March 04, 2010 (NO. 07-56774). The Court in Kazarian held that USCIS (in this case the Administrative Appeals Office) may not “unilaterally impose novel substantive or evidentiary requirements” without support in the Immigration and Nationality Act or agency regulations.

    While Kazarian dealt with EB-1 (extraordinary ability or achievement) green-card eligibility criteria, the interim agency guidance cited extends this also to the EB-2 immigrant visa category for exceptional ability aliens. In my view, USCIS should have issued a guidance memorandum more broadly. Stakeholder feedback should have been issued on a guidance memorandum (which I’d be happy to craft upon request) entitled “Illegality of Unilaterally Imposing Novel Substantive or Evidentiary Requirements.”

    Nation of immigrators - A public policy blog on our dysfunctional immigration system � The Dark Sides of Immigration Fame and Anonymity (http://www.nationofimmigrators.com/?p=349)



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  • EternityInLimbo
    05-04 01:50 PM
    He's been an advocate on backlog issues, and his staff had helped look into my case last year. I used his web site to send him an email (for VA residents only), slightly modifying the phone script to thank him, since I finally got my green card in November. Will post response when I receive it.




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  • rajarao
    09-10 07:28 AM
    Data available in Mumbai consulate website

    http://mumbai.usconsulate.gov/cut_off_dates.html

    Category India Most Other Countries
    F1 15 April 2002 15 April 2002
    FX 1 May 2001 1 May 2001
    F2A 1 January 2004 1 January 2004
    F2B 15 December 1999 15 December 1999
    F3 22 June 2000 22 June 2000
    F4 22 May 1997 22 October 1997
    E1 Current Current
    E2 1 April 2003 Current
    E3 1 July 2001 1 January 2005
    EW 1 Janurary 2003 1 Janurary 2003
    E4 Current Current
    E4-Religious Current Current

    Great Job TSC/NSC and DOS.
    One day 2006 applications are approved and next month you go into stone ages. What a wonderful system....



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  • punjabi
    08-13 04:52 PM
    Hi buddyinus,

    We all are going through hard time, but we do not need to display our hard feelings for someone through the forum! If you are upset at someone or if you have complains, email the Admin or a Super Moderator.

    Do not write rude. Be a little professional at your behavior and communicate professionally.



    Now, the fool is trying to change the subject by asking ppl to join the rally. Why in the world wud ppl trust him? The thread is barely 10 pages and after realizing that therez no point in discussing about what this thread is all about, he has shifted subject loyalites. How lame and insane is this guy? Pappu, LogicLife where r u guyz? Why dont u ban him?




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  • sandy_anand
    04-29 03:43 PM
    Pappu, thanks for the list. I wonder why Lindsey Graham's name is not on your list?




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  • villamonte6100
    04-02 11:12 AM
    I hear you and for most part agree with you that USCIS - However bad they may seem - is still one of the best run government agencies...

    No need for you to trash another country to make your point... We are all foreigners here and know what happens in rest of the world...

    Chill... and BTW - USCIS does not give you a green card for sucking up... as you said there is a system and a process in place in US our Karm bhoomi...

    I reviewed my comment and I haven't wrote anything trashing another country and I didn't say that USCIS is bad. In fact, if you read carefully I am trying to defend USCIS from "Mirage's comments".

    I don't know what nationality you are, but, I am an Australian and I don't need to suck up to get my green card. I will get my greencard soon, probably sooner than you.

    In fact, there is a special immigration program "only for Australians" that allow me and my dependents to work and live in Australia indefinitely. That was signed in to law by the President last year, if you didn't know about that. I guess you got me wrong. Australia and America have good relationships as you know.

    I still would stress to thank America for giving me the opportunity to work and live and experience America.

    Please read my comments properly next time and be a little fair on your comments.




    eb3_nepa
    07-16 12:20 PM
    $1 gas money saved from not going to subway :D :cool:


    Good one!




    srgadi
    09-10 01:33 PM
    Contributed $100 just a min ago. Google Order #151408234928192

    Sorry cannot make it to the rally due to personal reasons.



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