GCBy3000
07-06 04:49 PM
What does this statement mean?
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf
per existing policies and procedures, requests for Premium Processing Service will continue to be processed within 15 days. USCIS wishes to assure all customers that the original received date (the date which the document is date stamped) will be honored and recorded on the receipt notice. This date will appear in the "Received Date" box on Form I-797, Notice of Action. The received date is different from the "Notice Date", which also appears on Form I-797. The Notice Date is the date the receipt notice was actually generated.
Why USCIS suddenly did this press release? Something fishy?
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf
per existing policies and procedures, requests for Premium Processing Service will continue to be processed within 15 days. USCIS wishes to assure all customers that the original received date (the date which the document is date stamped) will be honored and recorded on the receipt notice. This date will appear in the "Received Date" box on Form I-797, Notice of Action. The received date is different from the "Notice Date", which also appears on Form I-797. The Notice Date is the date the receipt notice was actually generated.
Why USCIS suddenly did this press release? Something fishy?
wallpaper Windows Vista Ultimate HD
rajeshalex
09-10 09:40 AM
This is really a bad news especially for those whose PD is between 2004-2005.Its like those who are waiting for a long time are being asked to wait more!!
she81
07-24 06:52 PM
I am planning to call PBEC for my case. My recruitment was completed early this month but the lawyers haven't received a recruitment report instruction letter. I want to request them to at least send the letter since everything else is ready. Did anyone have any luck calling on their own? Or do they only want to speak with employer/attorney?
Although, filing 485 now doesn't seem possible in this narrow time frame... still want to give it a last shot.
Very much appreciate a response from someone.
Although, filing 485 now doesn't seem possible in this narrow time frame... still want to give it a last shot.
Very much appreciate a response from someone.
2011 Vista Ultimate wallpaper
asharda
09-09 03:42 PM
My 1 cent (percent) towards 30K --- $300/-
Go IV. All the best for your effort. Sorry I will be out of country and can't make it but I will be watching closely.
Best wishes
Google Order #829616371917763
Go IV. All the best for your effort. Sorry I will be out of country and can't make it but I will be watching closely.
Best wishes
Google Order #829616371917763
more...
beppenyc
03-08 01:59 PM
what`s happening....
ssss
08-06 04:05 PM
I also have a problem getting my employer's signature
more...
kondur_007
12-16 11:04 AM
Wishful thinking aside - realistically speaking, it's zilch. As USCIS seems to have predicted, even with spillover implemented the PD isn't moving to 2006 any time soon.
jazz
I have been intending to post this for a while: I still have major doubts on the predictions made by DOS. We all are grateful to them to at least do an effort to provide such predictions, but things don't add up.
It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.
Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.
So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.
In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.
Hoping for the best....:)
jazz
I have been intending to post this for a while: I still have major doubts on the predictions made by DOS. We all are grateful to them to at least do an effort to provide such predictions, but things don't add up.
It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.
Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.
So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.
In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.
Hoping for the best....:)
2010 WINDOWS VISTA ULTIMATE
unseenguy
02-09 10:19 PM
So many idiots here who dont know what marriage means and use their wives as a "maid" for their housework.
more...
sriswam
09-11 03:17 PM
Just put in my humble $100 contribution for the rally.
You guys have a good thing going. I just the love the selfless spirit and patience in this group. All the very best.
-Sriswam
You guys have a good thing going. I just the love the selfless spirit and patience in this group. All the very best.
-Sriswam
hair vista-ultimate-box-wallpaper
spicy_guy
11-08 05:15 PM
Wow! Just in less than 2 months? What about the Ad stuff? Does this include everything?
more...
AllVNeedGcPc
04-17 09:44 AM
Enjoy these moments.
Please when ever you get some time can you answer couple of my questions.
1) Where do you send emails to "NSCFollowup and EBUpdate"? Please can you PM me these email addresses?
2) Do we need a separate explicit official Interfile Request, even if original PD and A# have already been retained in new 140?
Here's my journey so far.
1. Initial labor
a. Filed - July 19th 2003 (4 years BE Software Engineering and 2 years Masters Computer Science in US) Filed as Software Engineer
b. Approved - June 2006, but BEC put NOC as Mechanical Engineer. Took a year to get it fixed back to Software Engineer
2. EB3 I140 (NSC)
a. Filed - July 2nd 2007
b. Approved - 2008
3. I485 (NSC)
a. Filed - July 2nd 2007
b. RFE - April 2009 (EVL for me and visa history for my wife)
4. Perm
a. Same Fortune 500 company for 10 years (By 2010, was promoted multiple times and moved to a different role)
b. Filed - Oct 2010 (No experience used only MS)
c. Approved - Dec 2011
5. EB2 I140 (TSC)
a. Filed - Jan 2011, Premium Processing
b. Approved - Jan 2011 (original A# and Priority Date retained)
6. Interfiling
a. Feb 2011 - Created a SR requesting the status of I485. Got a reply saying the category my 485 was applied is not current yet
b. Feb 2011 - Lawyer said that as my old A# and PD was already used on new 140, so that means that it has automatically been interfiled, now we do not need to do anything. But said will still send a reminder
c. March 2011 - Went for an Infopass Appointment (Useless in my opinion too) They said as your 140 is in TSC and 485 is in NSC that is why its taking time and they don't know how much more time will it take
d. April 2011 - Contacted Senator and got a reply that they have contacted NSC and will let us know their response as soon as they get one
e. Waiting again...
I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey
1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006
2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007
3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)
4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011
5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)
6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)
Wish the very best to everyone else waiting on the GC line.
Please when ever you get some time can you answer couple of my questions.
1) Where do you send emails to "NSCFollowup and EBUpdate"? Please can you PM me these email addresses?
2) Do we need a separate explicit official Interfile Request, even if original PD and A# have already been retained in new 140?
Here's my journey so far.
1. Initial labor
a. Filed - July 19th 2003 (4 years BE Software Engineering and 2 years Masters Computer Science in US) Filed as Software Engineer
b. Approved - June 2006, but BEC put NOC as Mechanical Engineer. Took a year to get it fixed back to Software Engineer
2. EB3 I140 (NSC)
a. Filed - July 2nd 2007
b. Approved - 2008
3. I485 (NSC)
a. Filed - July 2nd 2007
b. RFE - April 2009 (EVL for me and visa history for my wife)
4. Perm
a. Same Fortune 500 company for 10 years (By 2010, was promoted multiple times and moved to a different role)
b. Filed - Oct 2010 (No experience used only MS)
c. Approved - Dec 2011
5. EB2 I140 (TSC)
a. Filed - Jan 2011, Premium Processing
b. Approved - Jan 2011 (original A# and Priority Date retained)
6. Interfiling
a. Feb 2011 - Created a SR requesting the status of I485. Got a reply saying the category my 485 was applied is not current yet
b. Feb 2011 - Lawyer said that as my old A# and PD was already used on new 140, so that means that it has automatically been interfiled, now we do not need to do anything. But said will still send a reminder
c. March 2011 - Went for an Infopass Appointment (Useless in my opinion too) They said as your 140 is in TSC and 485 is in NSC that is why its taking time and they don't know how much more time will it take
d. April 2011 - Contacted Senator and got a reply that they have contacted NSC and will let us know their response as soon as they get one
e. Waiting again...
I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey
1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006
2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007
3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)
4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011
5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)
6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)
Wish the very best to everyone else waiting on the GC line.
hot wallpapers if you love
saileshdude
05-20 05:14 PM
Thanks to Chanduv23 and others IV members who are trying to address this issue.
more...
house Vista Ultimate SP1!
ychousa
07-18 05:32 PM
There seems to be 2 different opions about the process after CIS has received hundreds of thousands of applications until Aug 17th.
1. Once received, CIS cannot sort out the applications according to PD, so only RD is important.
2. PD is still an important factor, so if CIS is stuck with tons of applications on their hand, they will prioritize them by PD, which means if you have PD Dec 2004 and RD Jul 25 2007, you will be approved earlier than someone with PD Mar 2005 and RD Jul 2 2007.
Greg Siskind, an immigration lawyer known to most folks here for his blog, says in his new FAQs that CIS should work on by PD.
I think that's a fair thing, but I'm wondering how they would be able to sort out the flood of applications. Any idea?
1. Once received, CIS cannot sort out the applications according to PD, so only RD is important.
2. PD is still an important factor, so if CIS is stuck with tons of applications on their hand, they will prioritize them by PD, which means if you have PD Dec 2004 and RD Jul 25 2007, you will be approved earlier than someone with PD Mar 2005 and RD Jul 2 2007.
Greg Siskind, an immigration lawyer known to most folks here for his blog, says in his new FAQs that CIS should work on by PD.
I think that's a fair thing, but I'm wondering how they would be able to sort out the flood of applications. Any idea?
tattoo vista ultimate edition
desi485
11-14 05:36 PM
It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
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 provisions. I 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)
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
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 provisions. I 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)
more...
pictures Vista Ultimate Wallpaper Pack
Sachin_Stock
08-23 01:02 PM
I don't find anything in this memo that contradicts or radically changes the way EB-2 category has been affected. Correct me if I am wrong.
dresses vista ultimate - black
vpadman
01-05 03:53 PM
What are the scenarios under which we can request emergency AP through INFOPASS appointment?
Specifically, does marriage count as reason for emergency AP ?
Specifically, does marriage count as reason for emergency AP ?
more...
makeup Vista Ultimate wallpapers with
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.
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.
girlfriend Vista Ultimate wallpaper 2
ajay
10-21 02:40 PM
I would like to know if anybody got any response to their mails. It has been a great effort from good guys out here and I hope we get a positive respose from the respective people.
Please share your experiences if anybody has got any response.
Thanks
Please share your experiences if anybody has got any response.
Thanks
hairstyles vista ultimate wallpaper.
Pineapple
01-06 04:58 PM
The video is obviously edited, so it is hard to put some of the statements into context without access to the entire transcript. (In any case, we cannot see what charts he is referring to)
Anyway: Regarding the point that it is relatively easy to find skilled people here than in India, I tend to agree. However, the reason is that the most skilled graduates from India (and China) do not stick around for long there, and are actually to be found here! Without checking the raw data it is impossible to comment on Mr Wadhwa's assertion regarding ease of filling positions in US vs India/China. (For instance, does his data on US companies include positions (in US) filled by immigrants or does it include only positions filled by US born citizens?)
Getting to where he is amazed that R&D is done in India & China, I'm not sure why that is surprising, and indeed, why should it even contradict his assertion that the vast majority of Indian/Chinese graduates are appalling. I'm not commenting on whether that assertion is true or not. I do not know, but, even granting it is true, it is important to remember that a minority of a large population might be as big, or bigger than the majority of a small population. (Remember, you have to exclude all foreign students from US universities and only include US born citizens in the population of American engineers. Why? Because all foreign students would need H1 to work here, just the same as a student in a Indian/Chinese university. To avoid 'double counting' basically) So how do we compare apples to apples? How do we compare "number of good engineers in US" vs "number of good engineers in China/India"? It is very hard to do that via a survey, if not impossible. The best survey is observing the "invisible hand" of the market: If good research is done in India/China, while simultaneously, immigrants from there have a had a huge role to play in Silicon Valley's success, that tells you something, does it not?
Anyway: Regarding the point that it is relatively easy to find skilled people here than in India, I tend to agree. However, the reason is that the most skilled graduates from India (and China) do not stick around for long there, and are actually to be found here! Without checking the raw data it is impossible to comment on Mr Wadhwa's assertion regarding ease of filling positions in US vs India/China. (For instance, does his data on US companies include positions (in US) filled by immigrants or does it include only positions filled by US born citizens?)
Getting to where he is amazed that R&D is done in India & China, I'm not sure why that is surprising, and indeed, why should it even contradict his assertion that the vast majority of Indian/Chinese graduates are appalling. I'm not commenting on whether that assertion is true or not. I do not know, but, even granting it is true, it is important to remember that a minority of a large population might be as big, or bigger than the majority of a small population. (Remember, you have to exclude all foreign students from US universities and only include US born citizens in the population of American engineers. Why? Because all foreign students would need H1 to work here, just the same as a student in a Indian/Chinese university. To avoid 'double counting' basically) So how do we compare apples to apples? How do we compare "number of good engineers in US" vs "number of good engineers in China/India"? It is very hard to do that via a survey, if not impossible. The best survey is observing the "invisible hand" of the market: If good research is done in India/China, while simultaneously, immigrants from there have a had a huge role to play in Silicon Valley's success, that tells you something, does it not?
GCwaitforever
03-31 11:08 PM
Yesterday I sent an e-mail to Secretary Chao indicating poor performance of Philadelphia Backlog Processing Center.
admin
03-09 09:40 AM
Here is the link to the full markup. SJC is going in the order of the titles. Our sections are predominantly from Title 5 but some are in 4 too.
http://immigrationvoice.org/forum/attachment.php?attachmentid=23&d=1140888843
http://immigrationvoice.org/forum/attachment.php?attachmentid=23&d=1140888843
No comments:
Post a Comment