bostonian28
08-06 05:23 PM
I think we need to emphasize the fact that typically guys who got stuck in BEC for many years are the same guys being effected again, as they just got out of BEC queue and filled concurently and now basically are stuck again, it is really ridiculous experience for this group of applicants, where as people who have applied in PERM or those who were able to get LC certified without getting into BEC have gone through the whole process relatively smoothly....
My 2 cents, based on my experience.
My 2 cents, based on my experience.
wallpaper Thomas Paine, The American
susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
hitpauler
06-11 12:24 PM
How would I-140 approvals impact the availability of visa numbers and isnt spill over already happening,ie, removal of country caps, as we have seen last year,last quarter as well in July VB?
2011 Retro 1776 American Flag Yard Sign
JunRN
10-03 11:50 PM
Yes, I am from Philippines.
Just read Matthew OH's website confirming with a ? the 800,000 figure. If the 800,000 figure is true, then be prepared to renew our EAD more than 2 twice.
I still have reservations until official figure from USCIS comes out.
Just read Matthew OH's website confirming with a ? the 800,000 figure. If the 800,000 figure is true, then be prepared to renew our EAD more than 2 twice.
I still have reservations until official figure from USCIS comes out.
more...
sugaur
03-05 10:36 PM
Wifes I485 got soft LUD on 1/9/09.
I_need_GC
03-25 02:27 PM
I am in a bind now, appreciate any advice,
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
If you switch Jobs, and you don't have your H1B transfered to the new employer this means your H1B is not valid. No your son can not entry the country on H4 he must use AP. But if you continue to work full time on H1B and work part time on EAD with another employer then he can come on H4.
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
If you switch Jobs, and you don't have your H1B transfered to the new employer this means your H1B is not valid. No your son can not entry the country on H4 he must use AP. But if you continue to work full time on H1B and work part time on EAD with another employer then he can come on H4.
more...
viva
02-10 12:07 PM
Folks,
I know this has been discussed in the past on this and other message boards but I wanted to hear some more opinions about it. What is the value of green card to you?
I know different ppl have different reasons like ability to switch jobs, ability to travel freely, ability to have a job for spouse etc. All said and done how many of you would like to go back to your home countries in the next 5-6 years? I know a lot of people have issues such as aging parents back home or they simply don't see themselves living in a foreign land forever. I guess my question is what percentage of ppl aspiring for a GC view it as a convenience vs percentage of ppl who actually see it as a path to settling down in US for good.
Thanks
While I have been an ardent supporter of the IV core team, I have begun to reflect on why we are not reaching our required targets in contribution. I think there are two reasons. Firstly, we need to reveal how much money we need. This would give people an idea of how much is needed and how much needs to be contributed. Otherwise, people may assume that we are not spending their previous contributions wisely and are always asking for contributions. This becomes even more true because we do not have any actual results to show for our efforts. Ok, this in any way does not demean the efforts of the whole organization so far, but the world runs on results and judges you by it.
The second reason may the overzealousness with which logiclife posts his messages for contributions. While I understand his frustration, his overzealousness may be perceived as arrogance by some. Rather than sending e-mails and overzealous posts, we need to re-invent our strategy for seeking contributions. While I don't have the answers on what the right strategy should be, what we are doing right now is clearly not working. Perhaps, we can begin with logiclife toning down his overzealousness in his postings for contributions.
Just my two cents.....
I know this has been discussed in the past on this and other message boards but I wanted to hear some more opinions about it. What is the value of green card to you?
I know different ppl have different reasons like ability to switch jobs, ability to travel freely, ability to have a job for spouse etc. All said and done how many of you would like to go back to your home countries in the next 5-6 years? I know a lot of people have issues such as aging parents back home or they simply don't see themselves living in a foreign land forever. I guess my question is what percentage of ppl aspiring for a GC view it as a convenience vs percentage of ppl who actually see it as a path to settling down in US for good.
Thanks
While I have been an ardent supporter of the IV core team, I have begun to reflect on why we are not reaching our required targets in contribution. I think there are two reasons. Firstly, we need to reveal how much money we need. This would give people an idea of how much is needed and how much needs to be contributed. Otherwise, people may assume that we are not spending their previous contributions wisely and are always asking for contributions. This becomes even more true because we do not have any actual results to show for our efforts. Ok, this in any way does not demean the efforts of the whole organization so far, but the world runs on results and judges you by it.
The second reason may the overzealousness with which logiclife posts his messages for contributions. While I understand his frustration, his overzealousness may be perceived as arrogance by some. Rather than sending e-mails and overzealous posts, we need to re-invent our strategy for seeking contributions. While I don't have the answers on what the right strategy should be, what we are doing right now is clearly not working. Perhaps, we can begin with logiclife toning down his overzealousness in his postings for contributions.
Just my two cents.....
2010 On July 4, 1776 General George
ca_gc
12-27 08:17 PM
My case is not yet approved, I Filed on Aug 01 st, Vermont Service Center.
Can you really go for H1 stamping when you are coming back on AP.
As far as I know, you should not use H1 at port of entry while coming back, if you do that your green card will be aboundend. Gurus please currect.
If you are not coming back on H1, then why are you going for stamping?
I think , if your I-485 is approved while you are out of US, then you are not supposed to enter on H1. Till that time, you can use AP to enter US, if you prefer.
Can you really go for H1 stamping when you are coming back on AP.
As far as I know, you should not use H1 at port of entry while coming back, if you do that your green card will be aboundend. Gurus please currect.
If you are not coming back on H1, then why are you going for stamping?
I think , if your I-485 is approved while you are out of US, then you are not supposed to enter on H1. Till that time, you can use AP to enter US, if you prefer.
more...
gc_waiter56
07-06 10:59 AM
All,
Pls mention Zoe Lofgren's letter to DHS and DOS and also NY time article while talking/ meeting your lawmakers. Guys,pls dot it and it is worth giving it a try. We will not loose more than what we have lost by this fiasco.
Pls mention Zoe Lofgren's letter to DHS and DOS and also NY time article while talking/ meeting your lawmakers. Guys,pls dot it and it is worth giving it a try. We will not loose more than what we have lost by this fiasco.
hair Have a safe Independence Day
tinamatthew
07-22 06:50 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.
That is sad news!! I can just imagine how they feel, after waiting so long! Anyway lets hope something positive happens for the Oct bulletin.
A hospital I know is SO short of nurses they are offering them GREAT incentives to take on extra shifts. I mean it is an ACUTE shortage.
That is sad news!! I can just imagine how they feel, after waiting so long! Anyway lets hope something positive happens for the Oct bulletin.
A hospital I know is SO short of nurses they are offering them GREAT incentives to take on extra shifts. I mean it is an ACUTE shortage.
more...
smuthu2000
07-13 06:13 PM
artesia CA
hot the First American Flag,
bpratap
05-15 06:10 PM
But were U able to get the loan at the end ?
more...
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chisinau
07-23 03:06 AM
You are welcome!
I am not sure about DS230, my attorney did it around 27 - 29 of June.
I am not sure about DS230, my attorney did it around 27 - 29 of June.
tattoo 1776 American Flag.
asanghi
04-30 02:33 PM
Can somebody post the link please?
http://judiciary.house.gov/schedule.aspx
http://judiciary.house.gov/schedule.aspx
more...
pictures made the first American Flag
vjkypally
09-10 03:50 PM
Completely Agree with you. Rather have some process than none.People in the forum are talking a lot about visa recapture..
But how will this help if USCIS continues to disregard PDs utterly and just approve cases that they can lay their hands on....
Due to July 2 fiasco, pretty much everyone have filed I-485...Even those with 2007 PDs.
Say USCIS recaptures Visas, makes every category current and starts approving 2007 PD cases! Even worst, due to the every category 'C', may be 2008, 2009 (when it arrives) people start applying I-485 as well, and USCIS continues to consume all the visa numbers to to approve the cases of these lucky bas*$%^&ds (no offence!) with most recent PDs. How does this help you or me with older PDs waitin for years and years ! :(
even with recapture
- the visa numbers are not unlimited
- the processing power of USCIS is not unlimited
But
- The capability of USCIS to screw up at every opportunity seems to be unlimited
- And the number of lucky bas*$%^&ds who get approved despite newest PDs seem to be unlimited too :)
So , think visa recapture alone wont solve anything. We have to make USCIS accountable. Make them process cases fairly. Make them respect PDs.
But how will this help if USCIS continues to disregard PDs utterly and just approve cases that they can lay their hands on....
Due to July 2 fiasco, pretty much everyone have filed I-485...Even those with 2007 PDs.
Say USCIS recaptures Visas, makes every category current and starts approving 2007 PD cases! Even worst, due to the every category 'C', may be 2008, 2009 (when it arrives) people start applying I-485 as well, and USCIS continues to consume all the visa numbers to to approve the cases of these lucky bas*$%^&ds (no offence!) with most recent PDs. How does this help you or me with older PDs waitin for years and years ! :(
even with recapture
- the visa numbers are not unlimited
- the processing power of USCIS is not unlimited
But
- The capability of USCIS to screw up at every opportunity seems to be unlimited
- And the number of lucky bas*$%^&ds who get approved despite newest PDs seem to be unlimited too :)
So , think visa recapture alone wont solve anything. We have to make USCIS accountable. Make them process cases fairly. Make them respect PDs.
dresses First American Flag
Ram_C
09-28 07:18 PM
Receipting people are not the ones adjudicating the cases. They are different people. So there is no used stopping the receipting.
If this news is true, then we can see "wild" approvals before the end of September. Some people with complete cases may overtake others.
Its already end of September, today is the last working day for the month of Sep and moreover do you think the IOs at USCIS are determined to allocate/ use all the visa numbers for this fiscal year??? HELL NO , they give a rat's a** about it and that is why we din't see any "wild" approvals.
If this news is true, then we can see "wild" approvals before the end of September. Some people with complete cases may overtake others.
Its already end of September, today is the last working day for the month of Sep and moreover do you think the IOs at USCIS are determined to allocate/ use all the visa numbers for this fiscal year??? HELL NO , they give a rat's a** about it and that is why we din't see any "wild" approvals.
more...
makeup Retro 1776 American Flag
rkotamurthy
02-08 06:58 PM
Thanks Pappu. I have scheduled next conf call for Friday, 2/9 at 7.00 PM PST. Call 641-297-5900 PassCode 562404. Would you care to join?
girlfriend in 1776, the American flag
Desi Unlucky
07-19 11:38 AM
Google Order #618525716984962 - 100$
Happy to be here and contribute. Will follow up with more.
Interesting article in Business week this morning, not sure if this has been already posted here.
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_068854.htm?campaign_id=yhoo
Happy to be here and contribute. Will follow up with more.
Interesting article in Business week this morning, not sure if this has been already posted here.
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_068854.htm?campaign_id=yhoo
hairstyles The year 1776 and lest we
conchshell
09-30 11:26 PM
Guys don't you think that once again flooding USCIS with flowers/shame-card as a protest is a good idea ??
chanduv23
04-30 02:27 PM
The link got working again, but nothing is happening as of yet.
Is there audio?
Is there audio?
vbkris77
02-24 12:14 PM
With US becoming in-tolerant to Legal immigration, Australia moving to toughen rules, BNP winning seats in UK, Singapore curtailing immigration, India denying visas and the list continues..
It is clearly the order of the day.. We human beings forgot that it is basic human right to immigrate as recognized by UN. We are on verge of becoming herding animals if not more restricted.
I hope things change. But I think it is going to change by the time most people don't care anymore about immigrating.
I have seen/heard of Indian elite university students declining US offers just to avoid immigration headaches.. My close friends back in India are kind of joking about those waiting in the line just to get the papers filed to move to any other country than India.
This year H1B quota is an eye opener. I think the trend continues next year and year after.
But most of the times, all governments realize about the ground reality only in the end when the damage is made, not when it started.
Such thing can never happen. Also, don't lose hope. Look at how the world was before. Slavery, racism, castiesm, untouchability, intolerance, poverty etc.... it has always been a struggle to navigate through all these barriers and we are still navigating.
Basically the attitude is "when my house is burning why should I accomodate these people" - it is how the world is and we have to navigate.
It is clearly the order of the day.. We human beings forgot that it is basic human right to immigrate as recognized by UN. We are on verge of becoming herding animals if not more restricted.
I hope things change. But I think it is going to change by the time most people don't care anymore about immigrating.
I have seen/heard of Indian elite university students declining US offers just to avoid immigration headaches.. My close friends back in India are kind of joking about those waiting in the line just to get the papers filed to move to any other country than India.
This year H1B quota is an eye opener. I think the trend continues next year and year after.
But most of the times, all governments realize about the ground reality only in the end when the damage is made, not when it started.
Such thing can never happen. Also, don't lose hope. Look at how the world was before. Slavery, racism, castiesm, untouchability, intolerance, poverty etc.... it has always been a struggle to navigate through all these barriers and we are still navigating.
Basically the attitude is "when my house is burning why should I accomodate these people" - it is how the world is and we have to navigate.
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