Tuesday, June 14, 2011

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  • susie
    07-15 11:32 AM
    2 0f 2



    Jack, Mary and Sundeep

    Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.

    Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.

    Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).

    He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.

    Education

    Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.

    If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.

    To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:

    1. Has a residence abroad;
    2. Has no immediate intention of abandoning that residence; and
    3. Intends to depart from the USA upon completion of the course of study.

    Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,

    it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]

    However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.

    Jack

    Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.

    Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.

    During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.

    However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.

    The Need for Reform for the Children

    Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!

    Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:

    * He is not allowed to live in his home with his friends and family automatically;
    * The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
    * The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.

    The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.

    Help for the Children of Illegal Migrants: The DREAM Act

    Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.

    Reporting Errors

    This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.




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  • imv116
    07-15 09:04 PM
    The problem I see with Los Angeles is the high population of illegals. Any thing here looks like pro-illegal.

    Doing the rally in other cities in Los Angeles County or Orange County is the media visibility that we can get.

    Any suggestions from SoCAL members?

    -imv116




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  • vdlrao
    06-11 02:53 PM
    vdlrao, Thanks ..good days are always ahead. can you tell me the reason for your optimism ? the problem I see is spillovers not going to EB3-I. at the very least they should have thrown some visas to EB3 out of pity :).
    In fact that is the only hope ..i.e. other categories will be in 2006 while EB3 will be in early 2002 late 001 ..and to make it look better USCIS will give some visas to EB3-I. in either case do share your reasons ..TIA
    as I mentioned in earlier post ..if EB3-I gets only the alloted visas ..that means around 30 families in a state gets a GC ..in most apartment complex(in the big cities) ..you will see more than 30 Indian families waiting for GC

    Due to the lot of noice we have done,most of the law makers know theres a community called legal immigrants, and their long waiting periods due to the outdated rules. The new OBAMA government's agenda is to take the immigration reform during his first year tenure in the ffice. Once the immigration reform took place, I am pretty sure there would be significat changes in employment based category, which drastically decrease the backlogs in all EB categories.
    In addtion to that "legals are first than illegals"- OBAMA. This itself is enough for clearing off all the backlogs.




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  • w3313
    03-31 01:06 PM
    Wow, so you're telling me be happy as somebody else is in pain now ???
    Their problems doesn't make me smile here. I want solutions to my problems.

    I couldn't agree more, how come any immigration rules in britan should have any thing do with USCIS ? any time we have a problem with USCIS or in general US policy there are few people who want to jump in and comapre the rules and other stuff with rest of the world. This is not how an issue should looked at people came here because they thought this country encourages immigrants what I want see is let this country talk the talk and walk the walkif they don't want to give green cards or fix H1b porblems just say we no longer need any immigrants we have gained every thing we want from the immigrants and we are ok now when we need talent and work force we will call everybody , I am sick of this I could go on but .....



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  • kshitijnt
    04-30 03:59 PM
    Aytes basically gave a message, if you legislate we will slow it down through administration.

    He doesnt want to be bothered.




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  • amits
    07-19 12:25 AM
    Thank you for contribution, friend!!

    Paid one time of Payment of $100 through Paypal (confirmation Number: 46W44575JB938171V), more to come.

    Thanks to IV Team:)



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  • vparam
    09-18 09:41 PM
    vparam/ anyone,

    i have 2 questions

    when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?

    also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?

    thanks in advance,
    manderson

    -----------------------------------------------------------------------------------
    Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
    �MurthyDotCom
    In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
    Source: http://www.murthy.com/news/n_yatmay.html
    I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.

    Easy way out... if you are married then your spouse could be the president (owner) and you could be a SW dev or whast so ever it states in 140/ labor.

    you need a bank account for your company, you could run your payroll by buying quicken business and issue check for you as employee... Mind your business is separate from you employment... that you cannot take all the earning as salary, some as salary, some as profits is possible




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  • tnite
    07-11 07:18 AM
    I couldn't believe this. Wonderful news. Thanks

    But the downside to this is that most EB2 July filers have (or will be) been renewing their EAD's in August/Sepetember and this bulleting will not let USCIS give out 2 yr EAD's and instead hand out 1 yr ones.

    Just because your PD is current dosnt mean that USCIS will process your apps right away. There are folks whose PD was current under July bulletin and their apps haven't been touched based on some anecdotal evidence here..
    But the Eb3 news is not good.
    just my 2 cents



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  • VivekAhuja
    05-18 05:36 PM
    Getting a bank loan is only dependent on showing that you will be able to pay it back. NO IMMIGRATION STATUS documents are required as long as you have SSN card. If SSN card says "Only with INS Authroization", then bank may ask further questions but if you are clear, the loan will be cleared. There are no legal restrictions.




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  • texanguy
    09-10 10:43 AM
    you still have till end of this month...

    I don't what how you define "most" but I am EB2 with US masters with PD 2006 and I am still waiting. Many of my friends with US masters are still waiting.



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  • villamonte6100
    04-02 11:58 AM
    I don't know what to tell you guys.. I'm surprised to see how some people's thought process work.
    I have no Idea what's wrong in requesting USCIS to release some data which would tell how many applications they received of which chargeability and in which EB categories� This is the only information needed to stop predicting, everybody here can make almost exact estimate when they can expect their application Adjudicated. And also in the mean time they should provide us assurance that they will issue EADs and APs in less than 90 days. We are in a foreign country and we need to travel to our home countries, if we are stuck with 1 year approvals our file is always in process, how do you plan a trip ???
    Death in the family is the only reason they recognize as urgency for travel.
    We are Humans, we have family back in our home countries, marriage in the family or family visit is also urgent..
    To ask this you don�t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that...


    Why don't you write a letter to USCIS? I have already pointed that out to you on my earlier comments.

    Also, to stop predicting, I guess you just have to stop predicting.




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  • skillet
    06-18 01:06 PM
    No.. They are not auditing..



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  • govindk
    06-03 10:26 AM
    Contributed $100 just now
    (Receipt ID: 3118-4400-XXXX-XXXX).


    ------------
    $200 contributed so far




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  • kaarmaa
    12-15 12:48 PM
    Why not think about other options like stage rallies, talk to national news channels, flood congressmen offices?



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  • axp817
    12-01 10:20 AM
    Another soft LUD on the 485 today - this is the 4th soft LUD since 11/24.

    Another soft LUD on the 140, 765, 131 - second soft LUD since 11/24.




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  • Milind123
    09-17 12:51 PM
    Enough of serious talk. Lets all have a lighter moment. Chandu, and others, thanks for all the hard work you have put in. Please take a moment to enjoy this joke. It contains the word sex, yet is very clean.

    A 11 year old boy goes to his dad and asks �Daddy what is sex?�. Poor daddy was not prepared to face this sudden unexpected question. Anyways, he gathers himself and replies back �Son, this is going to take sometime to explain. Why don�t we go to McDonald�s for lunch.� As they are driving to McDee�s, the father is trying to rearrange his thoughts to answer his son�s question. They have a nice lunch and the father is finally able to answer his son�s question using the birds and the bees as examples (at this time the two bees at the coke machine are probably complaining to each other, why all fathers never talk about the actual characters). Anyway, after listening to his father speak. The son replies back, drawing out a piece of paper �It is still confusing to me. How do I fit all that in this tiny box.� On the piece of paper are two boxes with M and F next to it.

    Contributions are welcome if you enjoyed it and also believe in IV efforts.



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  • Libra
    09-10 03:09 PM
    thanks manugee for contribution and consideration for rally.




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  • sriramkalyan
    07-06 12:10 PM
    I hope people who started this discussion do not have sinister ideas against IV.

    I am totally against any change to Leadership but pro for anyone going to DC talking to Congress/USCIS.




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  • lonedesi
    08-05 05:04 PM
    If you are one of those who has been waiting for I-140 approvals at TSC or NSC, please join this campaign. Please post a comment on this thread after you have mailed the letter & Form 7001.




    JazzByTheBay
    09-10 08:53 PM
    It doesn't hurt to dream... :)

    jazz

    Guys,

    Keep the cool. USCIS is very unpredictable as we all have seen. Get ready to see the dates move forward pretty quickly this year! There are more chances to have increased visa numbers and things can only go UP from here on.

    Watch the documentray "The Secret" and put your positive thoughts out there...




    sbmallik
    09-13 02:33 PM
    I am not promoted. I believe my case is based on my MS + couple of years exp. All these details are what ever I know. Please seek expert attorney advice. I think attorney knows better based on our situation.

    Good news!! Next step is to file I-140 (is your employer filing in premium processing?) and upon approval, interfile with the existing I-485 application to port the priority date.



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