Monday, June 20, 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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  • susie
    07-07 01:33 AM
    Maybe you can share your situation so we can see if we can shed any light on your childs case




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  • nivasch
    03-09 10:43 AM
    indio0617,
    U really give us min.. to min.. update, Thank you so much
    Nivas




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  • GCKaMaara
    02-23 04:34 PM
    I am expecting about a year forward movement for EB2 India in April 2009 bulletin.

    I hope they move EB3 India to 16-Oct-2001 :)



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  • Eb3_frustrated
    04-25 02:44 PM
    learining01,

    if you dont like an idea, learn to let it go by, please do not try to impose your thoughts or enforce your will.

    All members can suggest ideas, some are pratical, some are not. If you do not like an idea just let it go by....




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  • glamzon
    07-20 02:54 PM
    ^^^^^^^ is this true?



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  • ps57002
    09-01 09:40 PM
    I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???

    Came in Dec 1990
    Been on various visas including F1 (grad and undergrad) and H1.
    Didn't get to file GC till 2007 unfortunately...




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  • GCStatus
    09-14 04:16 AM
    Please join our hands at "If i can be a little blunt" thread



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  • Humhongekamyab
    06-11 12:40 PM
    Guys,

    What Mr. Charles Oppenheim is doing is trying to build a Consensus to create a legislative relief.

    So, they want us to create an awareness and buyin from decision Makers.

    "Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades."


    I agree. This was always there and it is only now that the government has acknowledged it. Mr. Oppenheim has given us ammunition to build our case and we must use it wisely.

    Maybe we can have a have a "send fax" feature on IV from where we can quote Mr. Oppenheim's statement to send a fax to our senators. Also, it is high time that IV is a paid site even if it is $1 per month or 1 cents a day i.e. $3 per month. As I suggested in the past, new members/ visitors should be allowed to read the forums but to post a question or reply to a question one should be a paid member. I am confident that even with $1/month of 1 cent/day we will do better collections that we are doing now.




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  • pappu
    12-10 04:06 PM
    Good they have seem to have read recently published IV analysis and recommendations and provided a much more detailed bulletin this month for the community.



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  • Raju
    07-06 02:05 PM
    i think they did revise it on July 2nd..didnt they?

    But when they revised it on July 2nd they took the original VB offline. Now they bring the original VB back online and they are asking folks look at both of them together.




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  • knnmbd
    04-26 08:02 AM
    Dear Knnmbd,

    It seems to me you do not understand the difference between taxes and Social Security / Medicare.

    With my taxes I pay for (example) roads, police, courts, public TV and so on. And I use what I pay for (another nice example is when the police paid by me catches me with high speed and fines me :-)

    SS and Medicare are future services which I would not use while I am on H1/L1 or if I do not get permanent residence by some reason. This is my money which the US government has compulsory taken from me and I have not used it. So, I have the right to get this money back and use it for my eventual retirement in another country.

    We do not change the law of the land to benefit us, we just do not want to be cheated and treated like retarded.

    The real ridiculous stuff is the way the government agencies are treating the legal immigrants but nobody in the "great" country care to notice that, especially the law-makers.
    bkam,

    I PRECISLY UNDERSTAND THE DIFFERENCE BETWEEN SS, MEDICARE VERSUS TAXES.I was just mocking at the ridiculousness of your demands. Hey, if you think that the government agencies are treating legal immigrants badly and we are being "cheated and treated like retards", may be all of us should move to a country where the laws are more flexible, aah� like India. How often have you been on a forum in your home country lobbying for injustices being rendered to citizens, none probably. Just because we are in a country where there is a small chance for a group of people like ourselves in the IV have the privilege to have our voices heard does not mean we ask for the sun. Do you think in a economy like this with high gas prices, the war, and not to mention the ailing social security system and everything else asking the government to stop taking SS tax and Medicare from non- immigrant workers is going to fly, I DON�T THINK SO. And not only that we will end up looking like a bunch of guys with outrageous demands.

    So all I am saying is the issue is not SS or Medicare or entry date being the PD, but it is MORE IMMIGRANT VISA NUMBERS. I think we have lost our focus after the bill was shot down in the senate. We have just ONE demand if I am not mistaken, and I think the core team will agree with me on this and that is to ease retrogression by having more visa numbers in the pool for countries like India and China and that should be our only demand.



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  • Milind123
    09-12 06:03 PM
    Thankyou ska_iit EAD rangaswamy and imm_pro.

    All, please remember my intention is to motivate people who never contributed so far and who start
    a $50 monthly contribution for at least six months. I am going to do a one time contribution of $50
    for all such contributions (limits apply which I still did not disclose)

    Anyway good start. ska_iit EAD rangaswamy and imm_pro, please consider monthly contributions. imm_pro, you
    are only 2 contributions (of $50) away from the target of $300.

    While making my contribution I would like to thank all the people who have started their new monthly contribution.
    I would feel bad if I miss their name while searching the thread, so please PM me.



    Here are the details of my third contribution of $100

    Order Details - Sep 12, 2007 6:12 PM EDT
    Google Order #761429932710772




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  • gnrajagopal
    01-10 02:07 PM
    I am going back in a few years!..this in Bhoga Bhumi(Land of material pleasures)...my land Bharath is Punya Bhommi(Land of Good Karma).I am heading home no matter what!

    Interesting comment.....

    I think as much punya is done in this country as there is a quest of bhoga



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  • amitjoey
    05-06 10:46 AM
    Our Phone calls are making the desired effect, Now they are probably keeping a tally of the calls. If we keep calling, we will have the desired effect. Please call-everybody that has not. Please step up.




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  • Caliber
    03-12 11:05 AM
    It is very easy to contradict or find errors.

    No body is getting paid here to have a tester test it. Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.

    I support you reddymjm. It is easy to criticize. Every one should understand this. I was supporting paid forums from the begining. Nothing comes FREE in this world.

    Many of my known people who are paid as much as me or even more do not even think of contributing any amount. But they keep questioning when do we get green cards.

    We were habituated to criticize others as we were grown to spoon feed by our parents.

    I support IV on this.



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  • GotGC??
    01-04 02:45 PM
    ...here is the latest example (http://timesofindia.indiatimes.com/NEWS/India/For_IITians_today_home_is_where_the_moolah_is/articleshow/1054987.cms).


    'One leg of an IITian is in India, the other in Air India' went a popular wisecrack of the late 1980s and early '90s. No longer. The brain drain from IITs has diminished to a trickle, with only 21 out of 3,980 BTech graduates going abroad in 2006.

    About two decades ago, over 80% IITians hopped on to a plane for foreign shores, the preferred destination being the US. The 'IIT route' was a BTech from IIT, an MS (Masters) from USA and a dollar job. Much has changed since then, and brains that used to be siphoned off by developed nations are now preferring to stay back home.

    In the early 1990s, the outflow of computer science graduates to the US was so high that the World Bank, in a report, had suggested that an exit tax be imposed on IITians and other professionals leaving the country � this, it said, could earn the government over $1 billion (about Rs 4,400 crore) per annum. Today, if the government decided to adopt this, it would earn only crumbs.

    A quick look at statistics shows that in 2006, only three of IIT Kanpur�s 273 BTech students and two from the five-year MSc integrated course went abroad. All the others � 267 MTech students, two-year MSc grads and MBAs � stayed back in the country. At IIT Delhi, of the approximate 1,000 job-seekers, only one student went abroad to join CapitalOne, a financial consulting firm.

    The slowdown is evident even at the older IITs. At IIT Mumbai, 95% of the students were placed in India while at IIT Madras, only two BTech students went on to join Lehman Brothers at the Tokyo office.


    "There was a time when I had to set aside days to write recommendation letters for students wanting to go abroad, either to study or work," says Ashok Misra, IIT-B director. ��Now, because good jobs are available to BTech students, not many opt for post-graduate courses abroad. Only about 15% students go overseas for higher studies and approximately 5% take a job outside India."

    Ratnajit Bhattacharjee, faculty in-charge (training and placement) of IIT Guwahati, says corporate giants still opt for IITians but prefer to recruit them for their India operations. Bhattacharjee attributes the phenomenon of "almost zero brain drain" to the fact that MNCs have not just entered the country in a big way but are also looking at greater expansion here. "British Telecom used to regularly hire IIT Guwahati students,�� he says. ��It does today also, but for its Bangalore operations."

    Deepak Phatak, former head of the computer science department at IIT Bombay, who conducted exit interviews with students from 1991 to 1994, remembers almost everyone then was flying to the US.




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  • diptam
    07-06 02:42 PM
    Ooh - you are right !!! It took me more time to write the above than it took 25 USCIS workers to approve 25,000 I-485's... (48 hrs X 60 mins X 25) / 25000 = 3 mins.

    They are thinking us dumb fools because we are immigrants and we have to accept whatever they say !!

    I doubt if anyone was denied. They have to approve anyone and everyone to meet the numbers.




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  • gcgoingon
    12-10 06:45 PM
    We are one of those unluckiest ones; I changed my company 2 months before July fiasco and (EB2 PD Aug 23, '06) and never got a chance again to file I-485.

    It is very frustrating (to say the least) to wait and it seems it may take another ~2 years to file I-485. It is hard on my wife in particular as she completed her masters in 2008 and narrowly lost jobs offers because companies do not wanted to H1b transfer these days.

    I do not see any hope of this agony end anytime soon :(




    malibuguy007
    07-18 08:04 PM
    Made my first contribution of $100. Joined 10 odd days back and it helped immensely to have the community support going through the roller coaster!! Thanks to everyone for their efforts.

    Did not want to say this before I contributed, but I still believe that the forum should not be only for paying members. By having certain parts of the forum open to public we can convert lot more people like me as opposed to asking for money right from the get go.




    pmpforgc
    03-05 09:58 PM
    Entire world is turning up against immigration. It is beyond individual/group control to lobby for changes in that area.

    It is on the threshold of the time. Right now we as individuals still can make a decision to continue to be in US and wait it out or go back to our home country.

    But if this trend continues, I am afraid, some new law will make that decision for us to send us all back. It is just around the corner. Worst part is we can't do a thing about that.

    So want to blame anyone, blame your politicians of your native country for creating such a mess that people wanted to move to a different country.

    I agree fully with you.

    in our home country we have hard time to walk in cities because of exploding population.

    Hard to get clean water, air, milk and everything else

    Education system is detoriating day by day because of privatization, private institutions only look for profit and dont care mostly for their students. Fortunately they have billion people to get customers. Our engineers are mostly unemployable

    Property values are rising to extreme level beyond affordability of common man. Poverty rate is increasing day by day. Agriculture is detoriating and we are not a manufactuting masters. Our engineers are getting poor in quality day by day and scientist get frustated every day because of injust system so try to migrate every where else. We can never survive as country creating softwares or answering calls for long time. It might serve us for short period.

    Morality. Corruption, attitude of peoples and so-called social net work (which is even more selfish then US) are even hard to compare with other countries where relations and systems are more open and frank. In our home country on surface every thing looks good but if you try to look below it is hard to say how supefecious it is.

    so in short if we are hear only because we wanted GC, then we should leave in next flight to home. But if you have seen any other advantages of being here then hangin, GC will come. Dont wait for GC every day, just live your life and enjoy it to full extent.



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