laststraw
07-15 03:57 PM
Have sent $25 through bill pay
wallpaper Higher Education in Hong Kong
sunny1000
04-30 08:12 PM
so how can you give these dot to other people ?
You need to click on that post's "balance" symbol on the right side of the post (next to the post #). Once you do that, it will ask you if you "approve" or "disapprove" the post. Click on one of those and write your comments.
You need to click on that post's "balance" symbol on the right side of the post (next to the post #). Once you do that, it will ask you if you "approve" or "disapprove" the post. Click on one of those and write your comments.
anilsal
12-18 05:35 PM
Apparently, we were pretty pretty close to getting retrogression eradicated in the lame duck session, according to an IV core member.
Now based on that, can you lose heart?
I think we should continue calling Sen.Cornyn's office and keep him motivated to get the SKIL bill tabled and cleared in the next congress. ;)
Now based on that, can you lose heart?
I think we should continue calling Sen.Cornyn's office and keep him motivated to get the SKIL bill tabled and cleared in the next congress. ;)
2011 stock vector : macau flag icon
getgreened2010
07-21 08:28 AM
I got my loan approved in April 2010 from Wells Fargo, the under writer created some problems but my loan officer gave them references of prior loans getting approved for people on AOS so it worked out well in the end. I know a lot of people who's loans were approved (both conventional and FHA) and were on AOS. All the best hope everything works out well for you.
Any one recently re-financed or obtained a mortgage loan with Bank of America or Wells Fargo. Both the banks denied loan stating not having a valid visa as a reason, though I have approved EAD with 485 pending and I-140 approved. I have contacted the customer support, since the loan was through the mortgage broker. The underwrite appears to not accept EAD as a valid status and asking to provide a copy of visa to purse further. Any one have any specific docs / links that might help other than the ones in this thread.
Any one recently re-financed or obtained a mortgage loan with Bank of America or Wells Fargo. Both the banks denied loan stating not having a valid visa as a reason, though I have approved EAD with 485 pending and I-140 approved. I have contacted the customer support, since the loan was through the mortgage broker. The underwrite appears to not accept EAD as a valid status and asking to provide a copy of visa to purse further. Any one have any specific docs / links that might help other than the ones in this thread.
more...
vine93
05-01 03:33 PM
1. Another reply was If we use All permitted unsed visa, Where would we be in terms of EB visa. His response was Probably china/India Second category will be clear.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
lonedesi
08-04 04:15 PM
Letter to be sent for an I-140 petition pending at NSC:
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at NSC for June - August 2007 non-concurrent petitioners
I submitted an I-140 petition for an employment based green card to NSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around August 3 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that NSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.
Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
--------------------------------------------------------------------------------------------------------------------
Please post a comment on this thread so that we can track how many members actually participated in this campaign.
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at NSC for June - August 2007 non-concurrent petitioners
I submitted an I-140 petition for an employment based green card to NSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around August 3 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that NSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.
Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
--------------------------------------------------------------------------------------------------------------------
Please post a comment on this thread so that we can track how many members actually participated in this campaign.
more...
shreekhand
07-17 11:37 PM
Not true my dear! News!! News !!
Once the window is open. They pre/adjudicate as per the Reciept Date. Also if all backgrounds checks are over...then among other attributes it falls within the "low hanging fruit" area for quick pre/adjudication.
See the Standard Operating Procedures link posted above for a clue. Also recently the NSC confirmed this. Will post the link as soon as I find it.
Only on PD when the date is current
Once the window is open. They pre/adjudicate as per the Reciept Date. Also if all backgrounds checks are over...then among other attributes it falls within the "low hanging fruit" area for quick pre/adjudication.
See the Standard Operating Procedures link posted above for a clue. Also recently the NSC confirmed this. Will post the link as soon as I find it.
Only on PD when the date is current
2010 blogOtrick: Skype Flag Icons
kdprasad
07-06 01:49 PM
I dont understand how organizations like DOS , USCIS can do such
Ping-pong childish things in their official website.
Save us God !
This shows that they are preparing for the legal fight!! Covering up as much as they can.
Ping-pong childish things in their official website.
Save us God !
This shows that they are preparing for the legal fight!! Covering up as much as they can.
more...
JunRN
08-08 06:11 PM
I'm on Schedule A. My attorney filed my I-140/485/EAD on July 30 and it reached USCIS on the 31st. I am now waiting for the Receipt Notice which my lawyer says may take three to four weeks.
I keep on praying that my I-140 will not be returned due to some mistakes in filing. My lawyer filed I-140 using the new fee. Is this correct?
I keep on praying that my I-140 will not be returned due to some mistakes in filing. My lawyer filed I-140 using the new fee. Is this correct?
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chanduv23
10-24 03:19 PM
jsut follweod up with my lawyer and Iwas told that my old company doesnot usaully revoke 140's unless the person left the company b4 the setforth dates as part of GC agreement (4yrs or b4 getting gc ) or the person discharged for some other reason...
HOWEVER i am still not taking chances and am participating int his campn. and alreay sent email as requested..tx guys
Lets none of us assume that if ex employer does not revoke 140 we are fine. We must ensure that erroneous denials are stopped.
HOWEVER i am still not taking chances and am participating int his campn. and alreay sent email as requested..tx guys
Lets none of us assume that if ex employer does not revoke 140 we are fine. We must ensure that erroneous denials are stopped.
more...
Libra
09-10 10:51 AM
thank you glen and chiragmodi for your contributions. on receipt tracking thread people even thinking(may be later) of sacrificing animals for receipts but not contributing. so sick.
hot Flag icon set (part 12) Turkey
swamy
03-13 11:36 AM
i've been contributing for abt a year now so shldn't i be a senior donor?jk - im guessing its bcos of email-id confusion that im a mere sr member -when we started the michigan forum our leader suggested i get an yahoo id for the groups & then he himself subscribed with a gmail making me look stupid - anyway...not in michigan anymore so its ok
more...
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kamdard
09-01 12:38 PM
Applied GC in MAY 2002 in EB3-I. Been with the same company, same job etc...
Labor cleared in MAY 2007.
Applied I140 and I485 in June 2007.
I140 approved in SEPT 2007. Since then am with AP and EAD.
Hope this helps.
Regards,
DK.
Labor cleared in MAY 2007.
Applied I140 and I485 in June 2007.
I140 approved in SEPT 2007. Since then am with AP and EAD.
Hope this helps.
Regards,
DK.
tattoo corresponding flag icon.
jthomas
01-05 11:17 PM
I don't agree with you Gayatri.
As per my experience, America does not have more educated skilled engineers. I have couple of friends who are MS holders and cannot fit with BE level engineers in India. I am talking about those guys who were born and grew up in the US. Secondly, most of the engineering companies have asians as engineering managers and directors. He had mentioned that most of the industries in silicon valley were started by immigrants from China and India. Do u want to count them as engineers from US?? They are the top engineers from the asian countries. So i don't buy his comments.
So are you judging all of India's education by the IIT's? I didn't graduate from IIT and so didn't 99.9% of Indian IT people.
I can tell you for a fact that Universities in America are much better than those in India. This is why I came here and I went to an average university here which I could afford.
What Professor-ji said in the video was that Indians were successful DESPITE the poor education they received in India. India is becoming a world superpower in research and development DESPITE this. I believe this is true. Indians know how to compete and will be world leaders because they work hard and think smart.
Lets not fool ourselves at least!! We need to learn to accept the truth.
As per my experience, America does not have more educated skilled engineers. I have couple of friends who are MS holders and cannot fit with BE level engineers in India. I am talking about those guys who were born and grew up in the US. Secondly, most of the engineering companies have asians as engineering managers and directors. He had mentioned that most of the industries in silicon valley were started by immigrants from China and India. Do u want to count them as engineers from US?? They are the top engineers from the asian countries. So i don't buy his comments.
So are you judging all of India's education by the IIT's? I didn't graduate from IIT and so didn't 99.9% of Indian IT people.
I can tell you for a fact that Universities in America are much better than those in India. This is why I came here and I went to an average university here which I could afford.
What Professor-ji said in the video was that Indians were successful DESPITE the poor education they received in India. India is becoming a world superpower in research and development DESPITE this. I believe this is true. Indians know how to compete and will be world leaders because they work hard and think smart.
Lets not fool ourselves at least!! We need to learn to accept the truth.
more...
pictures Organic Online Global Shopping
HawaldarNaik
02-23 01:23 PM
people,
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
Jai HO....JAI HOOOOOOOOO....JAI HOOOOOOOOOOOOOO......
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
Jai HO....JAI HOOOOOOOOO....JAI HOOOOOOOOOOOOOO......
dresses hong kong flag.
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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bigboy007
06-03 09:52 AM
Looks like but i went on to current text and just said what they want it to be , and got up with it. and hence i have posted the paragraphs of previous laws as well.
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texanmom
09-12 04:11 PM
Or do you need us to write to each of them?
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GCBy3000
07-06 12:15 PM
Look at the mistake again
http://travel.state.gov/visa/frvi/bulletin/bulletin_3266.html
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
IS THIS A MISTAKE OR REAL
http://travel.state.gov/visa/frvi/bulletin/bulletin_3266.html
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
IS THIS A MISTAKE OR REAL
natrajs
09-09 10:30 AM
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09-10 06:45 AM
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