p1234
09-13 06:46 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
Are you July 07 filer who got the EAD out of turn? I bet you are.
And if you are, keep your loud mouth shut! Before you pontificate, look at people and others like you who got in and created a mess!
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
Are you July 07 filer who got the EAD out of turn? I bet you are.
And if you are, keep your loud mouth shut! Before you pontificate, look at people and others like you who got in and created a mess!
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sparuthi
08-13 05:02 PM
Yes. It may help, but EB3 is not the one who is going to get any piece out of it, as EB2 is increasing in huge amount. Even if it is CURRENT for 10 years, thats not going to help anyone below that level as everyone will qualify for EB2 in future, almost all the future candidates will have minimum of 5 years experience.
Well, if one decided to continue the process of waiting, there won't be any career to talk about at the end.
Not possible for all to go to EB2 as most of the companies hesitate to spend huge amount again and same is applicable to the individual too. It may not be worth at the end to spend another 5K on this. Well said, we should then fight with our own friends (because they may not like us to get the Lion's share) before going to DOS and USCIS.
I am waking up from 'abroad' dream. The real dream in front is "Home", without any issue that works for me.
For EB3 i think there are 3 opportunities.. one pastures are turning green near home and India is not a bad place to be at this time ( i have heard salaries of 30-35L being common these days). thats one.. combined with 1 if the employer agrees (assuming they have operations in india), EB3 can be in india for a year and come back on L1A in an executive/managerial position and get into EB1 (few of my friends have done this successfully)...that was 2... and the last one is try to get into EB2 in the US which can be risky as others have pointed out..
so choices is there.. one has to be bold to take the step
Well, if one decided to continue the process of waiting, there won't be any career to talk about at the end.
Not possible for all to go to EB2 as most of the companies hesitate to spend huge amount again and same is applicable to the individual too. It may not be worth at the end to spend another 5K on this. Well said, we should then fight with our own friends (because they may not like us to get the Lion's share) before going to DOS and USCIS.
I am waking up from 'abroad' dream. The real dream in front is "Home", without any issue that works for me.
For EB3 i think there are 3 opportunities.. one pastures are turning green near home and India is not a bad place to be at this time ( i have heard salaries of 30-35L being common these days). thats one.. combined with 1 if the employer agrees (assuming they have operations in india), EB3 can be in india for a year and come back on L1A in an executive/managerial position and get into EB1 (few of my friends have done this successfully)...that was 2... and the last one is try to get into EB2 in the US which can be risky as others have pointed out..
so choices is there.. one has to be bold to take the step
black_logs
03-16 11:07 AM
It's our bad luck that Legal and illegal immigration are bundled together in 1 bill.
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kartikiran
12-10 04:11 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.
agreed. kudos to IV core to push for more detailed explanations without which proposals for fixing this backlog also becomes difficult.
agreed. kudos to IV core to push for more detailed explanations without which proposals for fixing this backlog also becomes difficult.
more...
qualified_trash
01-03 03:58 PM
I think it is the perspective that has changed. Until 2 years back we were ready to die to live in this country, we thought our country was crowded, polluted etc. etc. Things haven't changed much there. It's still same, criminals are still the most powerful, power, food & Shelter is still scarce, poor count hasn't decreased. It's just we are not seeing now 'the dark side of the moon'. There's no doubt our American dream is screwed up big time. We have ruined the best times in our lives. Out of these 1 million Visa holders, 1000's would have been entrepreneurs, artists, etc. etc. but this green card chase has beaten us down to H1B Visa holder forever.
my contention is that if you had stayed back, you would not even have what you have today.
assuming that 1000's would have done something better is a VERY big assumption.
my contention is that if you had stayed back, you would not even have what you have today.
assuming that 1000's would have done something better is a VERY big assumption.
sunofeast_gc
07-23 06:27 PM
This is aboslutly not possible; he/she is trying to fool every one. Before retrogression, the last date to file a 485 for a EB3-Indian with PD 08/2004 was 12/31/2004. From Jan 2005 till July 2007 EB3 Inida was retrogressed for his PD. So he/she could not apply 485 in Feb 2005. The other optins could be he/she may be in EB2 catagory or a Schulde A nurse.
I was in similar time frame; So I know the date well....
Same thing came in my mind too....
it must be EB2 or a Schulde A nurse
anyway it good to know that someone got GC...
I was in similar time frame; So I know the date well....
Same thing came in my mind too....
it must be EB2 or a Schulde A nurse
anyway it good to know that someone got GC...
more...
sroyc
07-11 01:25 PM
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!
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svr_76
09-15 06:25 PM
Ramba - you seem to be working through a body-shopper as a plain consultant with restricted veritical movement in the organizational chain which implies your underlying assuption that if same org files multiple petitions for the same person.
In 2003, they were not able to skilled developer so file my eb3...now after one completes master's degree ..experience in other companies if they find that the cannot find experienced manager and after due recrutiment process find that one of their own employee is the best fit for that job.
So now u are saying that they should not do it? That will be a company discriminating against their own employees???
Comon...I thought guys from IT were logicall and brainy folks (and hence were grant EB2 category for their exceptional calibre)....guess thats wrong.
In 2003, they were not able to skilled developer so file my eb3...now after one completes master's degree ..experience in other companies if they find that the cannot find experienced manager and after due recrutiment process find that one of their own employee is the best fit for that job.
So now u are saying that they should not do it? That will be a company discriminating against their own employees???
Comon...I thought guys from IT were logicall and brainy folks (and hence were grant EB2 category for their exceptional calibre)....guess thats wrong.
more...
Libra
09-10 10:02 PM
thank you guys for contributions, so far membes pledged as per this thread is 10750, it's my count on this thread. we need 19k+ more.
$200 contributed towards the rally!
Google order #871308376702563
how short are we from 30k?.
$200 contributed towards the rally!
Google order #871308376702563
how short are we from 30k?.
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julsun
01-14 04:54 PM
Hi,
We filed for our I131 on 7th Oct, 2007. Yet to receive anything on them. My wife needs to travel to India end of this month. She needs her AP since she is on adjustment of status right now. We had filed for a service request on 7th Jan at Nebraska Service Center. Got an email from them on 8th asking for supporting documentation. We faxed the medical certificate for my wife's mother on 8th Jan.
Now NSC customer service is saying that we need to wait for further decision. Spoke with our local Infopass office today and as per them we should get something in 3-4 weeks. They gave us an option of getting new AP at local infopass office by filing new fees all over again.
Has anyone on this group faced similar issues? How do we go about getting approval once we file for expedited request? I though once we open a new SR, we should get something back within 5 business days? Any help would be appreciated.
Thanks
We filed for our I131 on 7th Oct, 2007. Yet to receive anything on them. My wife needs to travel to India end of this month. She needs her AP since she is on adjustment of status right now. We had filed for a service request on 7th Jan at Nebraska Service Center. Got an email from them on 8th asking for supporting documentation. We faxed the medical certificate for my wife's mother on 8th Jan.
Now NSC customer service is saying that we need to wait for further decision. Spoke with our local Infopass office today and as per them we should get something in 3-4 weeks. They gave us an option of getting new AP at local infopass office by filing new fees all over again.
Has anyone on this group faced similar issues? How do we go about getting approval once we file for expedited request? I though once we open a new SR, we should get something back within 5 business days? Any help would be appreciated.
Thanks
more...
chi_shark
03-04 02:02 PM
Thank you for posting it.
Any one else with recent LUDs/RFEs on their pending I-485 ?
me and my fam got lud on everything in nov last year.
Any one else with recent LUDs/RFEs on their pending I-485 ?
me and my fam got lud on everything in nov last year.
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DSJ
07-06 02:11 PM
Make sure you don't have internet in that area :D (You might accidentally login here are ruin your vacation)
coz we need some place to go for vacation ;)
coz we need some place to go for vacation ;)
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Bogdan
06-02 04:26 PM
Also wanted to point out that the "dual intent" provision of the H1-B will be removed by this new CIR bill which will make matters worse for the people with I-485 pending as those applications can be rejected based on that.:(
More bad news for the legals
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
More bad news for the legals
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
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indio0617
03-09 10:06 AM
senator brownback: amendment on Nurses & Physical therapists (removing cap for India, Phi, Mexico)
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sukhwinderd
09-02 01:00 PM
thats when i came here. filed first one in 2001. layoff.
second one in 2005 (eb3) still waiting. there are about 40k
people ahead of me. so about 14 years of wait assuming
3k EB3 GCs for india per year.
by that my daughter will be old enough to file my family based GC
and i might get that sooner than my EB3 GC ;-)
second one in 2005 (eb3) still waiting. there are about 40k
people ahead of me. so about 14 years of wait assuming
3k EB3 GCs for india per year.
by that my daughter will be old enough to file my family based GC
and i might get that sooner than my EB3 GC ;-)
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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.
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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pstvak
09-11 08:16 PM
I support this great org. Difficult to travel from WA with famliy and kid.
Contributed 100$. Google Order #204480874815294
Regards
Contributed 100$. Google Order #204480874815294
Regards
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wanna_immigrate
04-11 08:35 PM
How long it takes to get 140 approved in premium?
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lonedesi
08-11 08:33 AM
Members who mailed the letters & form please post here and let us know so that we get an idea how many people actually took part in this campaign so far.
jung.lee
09-12 12:41 AM
Great idea, although I prefer the "Whatever Clock (http://www.amazon.com/California-Clock-Co-Whatever/dp/B00103ON5Y/ref=pd_sbs_k_5)" since their [USCIS] forward and backward movements happen for no apparent rhyme or reason.
InTheMoment
07-18 02:23 PM
Yes..a fairly correct and concise way of putting it !:)
So now guys realize how RD becomes crucial within the PD current window !
If the window is too current say 06/07 than it may not be fair to older PD's
if it around 2003 the window is not too wide and quotient of fairness increases.
He is absolutely correct. 485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.
So now guys realize how RD becomes crucial within the PD current window !
If the window is too current say 06/07 than it may not be fair to older PD's
if it around 2003 the window is not too wide and quotient of fairness increases.
He is absolutely correct. 485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.
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