ramus
07-06 12:10 PM
Please change subject of this thread or close it . It seems like we have new visa bulltein from DOS..
susie
07-15 11:30 AM
1 of 2 posts
Default No Protection for Nonimmigrant Children Because of the Age-Out Problem
No Protection for Nonimmigrant Children Because of the Age-Out Problem
The Impact US Immigration Laws on Children
The impact of US immigration laws on children generally is profound. This is due to the fact these laws are complex and are written substantially with adults in mind. Overall the immigrant laws try to balance various and sometimes competing aims including (but in no particular order):
* Improving the economy by providing access to skilled foreign workers and investors;
* Ensuring family unification, for citizens, permanent residents and nonimmigrant residents;
* Promoting diversity, such as through the lottery program; and
* Maintaining the security of the nation, through border controls, immigration checks etc.
This article focuses primarily on the issue of family reunification and looks at one specific area in which the US immigration system is failing; the rights of children. One of the intriguing aspects of US laws is the concept of age outs. This separates two categories of children; those under the age of 21 and those who have attained the age of 21.
For example, in relation to immigrant petitions where a family member is being sponsored, the petition may also apply to the spouse and children of the family member being sponsored, but only where the children are under 21 years of age. Unfortunately, immigrant visa processing can take many years depending on the category of sponsorship and, while the petition is pending, many children age out (turn 21 and are removed from the pending petition). This results in situations where siblings are split because the younger ones can immigrate by the time the petition is processed (because they are still under 21), but the older siblings cannot (because they turned 21 while the immigrant petition was pending). The Child Status Protection Act of 2002 aims to address this issue, but does not deal with all circumstances and is not always appropriately implemented causing many families to split.
Another example, and which this article focuses on, relates to nonimmigrant visa holders. Many nonimmigrant visa categories enable the foreign national (�alien�) visa holder to bring their family with them, including their spouse and children (who are under 21). A child could come to the USA, including when they are babies, be brought up in the USA but when they reach 21, unless they have another right to remain in the country, they are forced to go to their country of citizenship or any other country willing to invite them. However, they would have to leave their home and their family in the USA.
Children as Derivative Nonimmigrant Visa Holders with no Direct Path to Permanent Residency
US immigration laws enable many aliens to come to the USA for various purposes. This includes, but is not limited to:
* Investing in the USA, either directly through an E2 visa or through an expansion of a non-US business into the USA through an L1 visa (which enables intercompany transferees);
* Employment opportunities, so US employers could petition an alien on a nonimmigrant basis (for example H-1B (specialty occupations), H-1B1 (Chile/Singapore Free Trade Agreement) and H-1C (nurses)) or multinational businesses with US operations could transfer an alien to its operations in the USA through an L1 visa;
* Aliens with extraordinary ability or achievement through an O1 visa and other workers to assist in the performance of O1 workers through an O2 visa; and
* Religious workers through an R-1 visa.
The above examples are (non-exhaustive) examples of visas on which aliens enter and reside in the USA for a long-term basis. Such nonimmigrant visa holders may also bring their spouse and/or children with them as nonimmigrant holders. These visas for spouses and children are known as �derivative� visas and are valid for as long as the �principal� visa is valid. For example, if an H-1B employee loses their job without getting a new job, not only do they lose their visa status but so do the derivative visa holders.
At first glance this seems to be a reasonable state of affairs. However, there is a unique, but not uncommon, problem that results from �aging out,� i.e. where children who were under 21 come to the USA but lose their derivative visa status on their 21st birthday. They must leave the USA, in effect their home, unless they have another basis to stay home. They will also be split from their Parents and younger siblings who will be subject to same problem when they turn 21, unless of course they were born in the USA in which case they are US citizens (this right does not apply to the children of any person in the USA in the capacity of a foreign diplomat).
Jack, Mary and Sundeep
Consider this. Two children, Jack and Sundeep, come to the USA from the UK as children, because their respective parents are nonimmigrant visa holders. They have no choice in the matter because separation from their families is clearly not an option.
Jack lives in Detroit, Michigan and lived there ever since he arrived in the USA as a derivative visa holder during his kindergarten years. Sundeep lives in Long Island, New York and arrived in the USA as a derivative visa holder when he was 13. Jack and Sundeep both went to high school in their local areas. Jack went to a State funded school and Sundeep went to a privately-funded school. Both Jack and Sundeep have fully established their lives in the USA.
Jack remembers only his US life since he came at such a young age. He embraces his new life, develops friendships and fully integrates into US society by being schooled under the US system. He has an American accent since he was five. Culturally, he is American in every way. He loves his Pizza, hangs out with his school friends, and loves watching films and playing sports. He does very in school. He maintains a 4.0 GPA, is captain of the football team has been elected class President. He aspires to go to university. He wants in particular to go to the University of Michigan and play for the Michigan Wolverines. He is smart enough and good enough to do both.
Sundeep came to the USA much later. He has clear memories of his life in the UK. At first he found it very difficult to adjust to the new system. He had no friends and had to work hard to build friends. He loves soccer and was a West Ham supporter in the UK. He continues to be so. However, people aren�t into soccer in his school. However, by the time he turns 15, Sundeep has made a lot of effort to change. He is fully comfortable with the school system, has grown to understand and love basketball and football, and has made many friends. He is an above average student academically, but does not really have any aspirations to go to university.
Jack sees himself as American in every way. Sundeep also sees himself as an American but realizes and appreciates he has some differences giving him a unique US-UK-Indian cultural identity. Both fully support America in every way including singing the national anthem whenever the opportunity arises such as in school.
Jack also has younger sister, Mary. She was born in the USA and so has a constitutional (14th Amendment) based right to US citizenship. However both siblings have very different rights. When Jack turns 18 he can�t vote, but Mary can vote when she turns 18. Jack can�t join the military, but Mary can. It�s very strange how two people brought up in the same environment can be subject to very different treatment.
Limited Solutions to Aging Out
Adjustment to Permanent Residency Status
The age out problem can be partly circumvented in various but specific ways. However, this means children who have been in the USA for long periods before turning 21 can be subject to very different treatment, simply based on the type of visa their Parent(s) entered the USA on and the type of visa they currently hold.
For example L1 visa holders and employee visa holders may adjust their status to permanent residency. Their employer may later sponsor them for a new employment-based immigrant visa and once this is processed an employee may adjust, with his or her spouse and children (under 21) to permanent resident status.
Most E-2 visa holders do not have a basis to convert to permanent residency. One rare exception may be where the business expands to an investment value of $500,000 in low employment areas or $1million in all other areas and has 10 permanent employees comprised of US citizens and/or permanent residents. In these circumstances the E-2 visa holder may convert to permanent residency on the basis of an EB-5 application. How many businesses in the USA owned by foreign national meet these criteria? Very few! Another rare exception may be where an E-2 visa holder is a single parent and marries a US citizen so that they may apply for an immigrant visa with the children as derivatives. They have to wait for the visa to be processed by the USCIS, but once approved there is no further wait required with the National Visa Center.
However, the permanent residency solution is exceptional. They do not help the children whose parents remain in nonimmigrant status. Further, even where a Parent does become a permanent resident, it does not help children who already reached 21 before an immigrant petition is approved.
Default No Protection for Nonimmigrant Children Because of the Age-Out Problem
No Protection for Nonimmigrant Children Because of the Age-Out Problem
The Impact US Immigration Laws on Children
The impact of US immigration laws on children generally is profound. This is due to the fact these laws are complex and are written substantially with adults in mind. Overall the immigrant laws try to balance various and sometimes competing aims including (but in no particular order):
* Improving the economy by providing access to skilled foreign workers and investors;
* Ensuring family unification, for citizens, permanent residents and nonimmigrant residents;
* Promoting diversity, such as through the lottery program; and
* Maintaining the security of the nation, through border controls, immigration checks etc.
This article focuses primarily on the issue of family reunification and looks at one specific area in which the US immigration system is failing; the rights of children. One of the intriguing aspects of US laws is the concept of age outs. This separates two categories of children; those under the age of 21 and those who have attained the age of 21.
For example, in relation to immigrant petitions where a family member is being sponsored, the petition may also apply to the spouse and children of the family member being sponsored, but only where the children are under 21 years of age. Unfortunately, immigrant visa processing can take many years depending on the category of sponsorship and, while the petition is pending, many children age out (turn 21 and are removed from the pending petition). This results in situations where siblings are split because the younger ones can immigrate by the time the petition is processed (because they are still under 21), but the older siblings cannot (because they turned 21 while the immigrant petition was pending). The Child Status Protection Act of 2002 aims to address this issue, but does not deal with all circumstances and is not always appropriately implemented causing many families to split.
Another example, and which this article focuses on, relates to nonimmigrant visa holders. Many nonimmigrant visa categories enable the foreign national (�alien�) visa holder to bring their family with them, including their spouse and children (who are under 21). A child could come to the USA, including when they are babies, be brought up in the USA but when they reach 21, unless they have another right to remain in the country, they are forced to go to their country of citizenship or any other country willing to invite them. However, they would have to leave their home and their family in the USA.
Children as Derivative Nonimmigrant Visa Holders with no Direct Path to Permanent Residency
US immigration laws enable many aliens to come to the USA for various purposes. This includes, but is not limited to:
* Investing in the USA, either directly through an E2 visa or through an expansion of a non-US business into the USA through an L1 visa (which enables intercompany transferees);
* Employment opportunities, so US employers could petition an alien on a nonimmigrant basis (for example H-1B (specialty occupations), H-1B1 (Chile/Singapore Free Trade Agreement) and H-1C (nurses)) or multinational businesses with US operations could transfer an alien to its operations in the USA through an L1 visa;
* Aliens with extraordinary ability or achievement through an O1 visa and other workers to assist in the performance of O1 workers through an O2 visa; and
* Religious workers through an R-1 visa.
The above examples are (non-exhaustive) examples of visas on which aliens enter and reside in the USA for a long-term basis. Such nonimmigrant visa holders may also bring their spouse and/or children with them as nonimmigrant holders. These visas for spouses and children are known as �derivative� visas and are valid for as long as the �principal� visa is valid. For example, if an H-1B employee loses their job without getting a new job, not only do they lose their visa status but so do the derivative visa holders.
At first glance this seems to be a reasonable state of affairs. However, there is a unique, but not uncommon, problem that results from �aging out,� i.e. where children who were under 21 come to the USA but lose their derivative visa status on their 21st birthday. They must leave the USA, in effect their home, unless they have another basis to stay home. They will also be split from their Parents and younger siblings who will be subject to same problem when they turn 21, unless of course they were born in the USA in which case they are US citizens (this right does not apply to the children of any person in the USA in the capacity of a foreign diplomat).
Jack, Mary and Sundeep
Consider this. Two children, Jack and Sundeep, come to the USA from the UK as children, because their respective parents are nonimmigrant visa holders. They have no choice in the matter because separation from their families is clearly not an option.
Jack lives in Detroit, Michigan and lived there ever since he arrived in the USA as a derivative visa holder during his kindergarten years. Sundeep lives in Long Island, New York and arrived in the USA as a derivative visa holder when he was 13. Jack and Sundeep both went to high school in their local areas. Jack went to a State funded school and Sundeep went to a privately-funded school. Both Jack and Sundeep have fully established their lives in the USA.
Jack remembers only his US life since he came at such a young age. He embraces his new life, develops friendships and fully integrates into US society by being schooled under the US system. He has an American accent since he was five. Culturally, he is American in every way. He loves his Pizza, hangs out with his school friends, and loves watching films and playing sports. He does very in school. He maintains a 4.0 GPA, is captain of the football team has been elected class President. He aspires to go to university. He wants in particular to go to the University of Michigan and play for the Michigan Wolverines. He is smart enough and good enough to do both.
Sundeep came to the USA much later. He has clear memories of his life in the UK. At first he found it very difficult to adjust to the new system. He had no friends and had to work hard to build friends. He loves soccer and was a West Ham supporter in the UK. He continues to be so. However, people aren�t into soccer in his school. However, by the time he turns 15, Sundeep has made a lot of effort to change. He is fully comfortable with the school system, has grown to understand and love basketball and football, and has made many friends. He is an above average student academically, but does not really have any aspirations to go to university.
Jack sees himself as American in every way. Sundeep also sees himself as an American but realizes and appreciates he has some differences giving him a unique US-UK-Indian cultural identity. Both fully support America in every way including singing the national anthem whenever the opportunity arises such as in school.
Jack also has younger sister, Mary. She was born in the USA and so has a constitutional (14th Amendment) based right to US citizenship. However both siblings have very different rights. When Jack turns 18 he can�t vote, but Mary can vote when she turns 18. Jack can�t join the military, but Mary can. It�s very strange how two people brought up in the same environment can be subject to very different treatment.
Limited Solutions to Aging Out
Adjustment to Permanent Residency Status
The age out problem can be partly circumvented in various but specific ways. However, this means children who have been in the USA for long periods before turning 21 can be subject to very different treatment, simply based on the type of visa their Parent(s) entered the USA on and the type of visa they currently hold.
For example L1 visa holders and employee visa holders may adjust their status to permanent residency. Their employer may later sponsor them for a new employment-based immigrant visa and once this is processed an employee may adjust, with his or her spouse and children (under 21) to permanent resident status.
Most E-2 visa holders do not have a basis to convert to permanent residency. One rare exception may be where the business expands to an investment value of $500,000 in low employment areas or $1million in all other areas and has 10 permanent employees comprised of US citizens and/or permanent residents. In these circumstances the E-2 visa holder may convert to permanent residency on the basis of an EB-5 application. How many businesses in the USA owned by foreign national meet these criteria? Very few! Another rare exception may be where an E-2 visa holder is a single parent and marries a US citizen so that they may apply for an immigrant visa with the children as derivatives. They have to wait for the visa to be processed by the USCIS, but once approved there is no further wait required with the National Visa Center.
However, the permanent residency solution is exceptional. They do not help the children whose parents remain in nonimmigrant status. Further, even where a Parent does become a permanent resident, it does not help children who already reached 21 before an immigrant petition is approved.
hiralal
05-29 12:05 AM
if your loan is denied while on EAD ..count yourself as lucky !!!
my advice ..be careful before you take a plunge when on EAD or on temporary visa (H1).
-----------------
MONDAY, MAY 25, 2009
OTHER VOICES
The Housing Hurricane Will Howl Again
By MIKE MORGAN | MORE ARTICLES BY AUTHOR
This is only a lull in the housing hurricane.
WE'RE OUT OF THE EYE OF THE HURRICANE, but here comes the back half of the storm. A lot of people think that we've seen the worst of the housing crisis. They're talking about green shoots and glimmers of hope, when they should be back in the storm shelter, preparing for a flood of inventory that will overwhelm the markets and produce another round of falling prices
For the past few months there has been a semi-moratorium on foreclosures. Most institutions with delinquent mortgages didn't foreclose. The signs that blanket many neighborhoods have been posted by a fraction of the lenders. Now the rest of the banks are rushing to get their properties on the market.
[ov]
Christoph Hitz for Barron's
We're still supporting misguided programs that only add to inventory woes. They encourage builders to put up more homes and penalize anyone else trying to sell a home.
As a Florida real-estate broker who works with bank asset managers to dispose of foreclosed properties, I get a good view of this market. From December 2008 through mid-March 2009, the number of asset managers calling to discuss REO (real estate owned) properties on their client banks' books dropped by more than 80% from the level at which it previously had been running. In the past two months, however, asset managers have been busy, with most interested in how many properties we could handle at once.
Law firms for banks are once again lining up to file foreclosures and to process evictions. The asset managers we work with have warned us to expect a flood of properties, beginning in early June. This will hit as the number of potential buyers continues to dwindle. Builders, traditional sellers and investors who entered too early are already loaded with REO properties.
ALL OF THE OBAMA administration's attempts to revive, resuscitate and shock the housing markets into recovery have failed. Potential buyers can't purchase homes when they are losing their jobs, regardless of how attractive the credits and mortgages are. The price of homes will continue to fall until the properties are affordable for potential buyers.
If an investor could purchase a home and rent it out for close to breakeven, we might be getting close to a bottom. But we are nowhere close to that level in most critical markets. Until it is approached, prices will continue to fall. In fact, the negative cash flow now evident, along with the flood of properties coming into the inventory pool, warn of lower prices.
There's no light at the end of the tunnel yet. We're still supporting builders through misguided programs that are only adding to the inventory woes. California decided to offer a $10,000 credit to buyers of new homes, on top of the $8,000 federal credit. But California made the $10,000 available only for new homes purchased directly from builders. That shows the power of the builders' lobby, but it only adds to California's housing-industry problem. It encourages builders to construct dwellings we don't need, and it penalizes anyone else trying to sell a home.
Housing inventory soon will flood a market in which more than 500,000 homes are being built each year, even though the annual sales pace for new homes is closer to 300,000. We must also deal with a system clogged with impossible short sales, a surge of second and vacation homes being dumped, and third-wave flippers realizing that they entered the market too soon.
FOR THE BANKS, the back half of the hurricane will destroy balance sheets, unless the Obama administration comes up with another plan to mythically mark these assets on the books. Or we might see some chimerical plan to write down mortgage payments, or move toxic mortgages into a dark pool, or create some new illusion that glosses over the problem.
Our experience with banks' selling REOs is they realize about 50%-75% of what they initially think they will get. Moreover, their expenses to bring these properties to market and manage them are growing. Court systems bogged down with foreclosures are raising fees so that they can hire additional staff. More and more homeowners being evicted are stripping homes to the bone, removing appliances, fixtures, carpet, cabinets, air handlers, motorized garage-door openers and anything else that they can carry off or sell.
Unemployment presents a two-pronged problem. If homeowners lose their jobs, they have difficulty meeting mortgage payments. And a high jobless rate forces more people to put their homes on the market.
During the housing bubble, many second homes were purchased with the mythical equity from primary residences. These second homes are coming onto the market at an alarming rate, as many middle- and upper-class sellers need to raise cash. In some very exclusive private communities in Florida, where home prices are in the seven figures, more than 50% of the homes are on the market. (For more on the vacation-home market, see Cover Story.)
Unfortunately, there are no signs of recovery, despite the hype and the twisting of numbers in many media reports. The end of the unofficial moratorium on foreclosures, combined with rising unemployment, signals that the back half of this housing hurricane is only just beginning.
my advice ..be careful before you take a plunge when on EAD or on temporary visa (H1).
-----------------
MONDAY, MAY 25, 2009
OTHER VOICES
The Housing Hurricane Will Howl Again
By MIKE MORGAN | MORE ARTICLES BY AUTHOR
This is only a lull in the housing hurricane.
WE'RE OUT OF THE EYE OF THE HURRICANE, but here comes the back half of the storm. A lot of people think that we've seen the worst of the housing crisis. They're talking about green shoots and glimmers of hope, when they should be back in the storm shelter, preparing for a flood of inventory that will overwhelm the markets and produce another round of falling prices
For the past few months there has been a semi-moratorium on foreclosures. Most institutions with delinquent mortgages didn't foreclose. The signs that blanket many neighborhoods have been posted by a fraction of the lenders. Now the rest of the banks are rushing to get their properties on the market.
[ov]
Christoph Hitz for Barron's
We're still supporting misguided programs that only add to inventory woes. They encourage builders to put up more homes and penalize anyone else trying to sell a home.
As a Florida real-estate broker who works with bank asset managers to dispose of foreclosed properties, I get a good view of this market. From December 2008 through mid-March 2009, the number of asset managers calling to discuss REO (real estate owned) properties on their client banks' books dropped by more than 80% from the level at which it previously had been running. In the past two months, however, asset managers have been busy, with most interested in how many properties we could handle at once.
Law firms for banks are once again lining up to file foreclosures and to process evictions. The asset managers we work with have warned us to expect a flood of properties, beginning in early June. This will hit as the number of potential buyers continues to dwindle. Builders, traditional sellers and investors who entered too early are already loaded with REO properties.
ALL OF THE OBAMA administration's attempts to revive, resuscitate and shock the housing markets into recovery have failed. Potential buyers can't purchase homes when they are losing their jobs, regardless of how attractive the credits and mortgages are. The price of homes will continue to fall until the properties are affordable for potential buyers.
If an investor could purchase a home and rent it out for close to breakeven, we might be getting close to a bottom. But we are nowhere close to that level in most critical markets. Until it is approached, prices will continue to fall. In fact, the negative cash flow now evident, along with the flood of properties coming into the inventory pool, warn of lower prices.
There's no light at the end of the tunnel yet. We're still supporting builders through misguided programs that are only adding to the inventory woes. California decided to offer a $10,000 credit to buyers of new homes, on top of the $8,000 federal credit. But California made the $10,000 available only for new homes purchased directly from builders. That shows the power of the builders' lobby, but it only adds to California's housing-industry problem. It encourages builders to construct dwellings we don't need, and it penalizes anyone else trying to sell a home.
Housing inventory soon will flood a market in which more than 500,000 homes are being built each year, even though the annual sales pace for new homes is closer to 300,000. We must also deal with a system clogged with impossible short sales, a surge of second and vacation homes being dumped, and third-wave flippers realizing that they entered the market too soon.
FOR THE BANKS, the back half of the hurricane will destroy balance sheets, unless the Obama administration comes up with another plan to mythically mark these assets on the books. Or we might see some chimerical plan to write down mortgage payments, or move toxic mortgages into a dark pool, or create some new illusion that glosses over the problem.
Our experience with banks' selling REOs is they realize about 50%-75% of what they initially think they will get. Moreover, their expenses to bring these properties to market and manage them are growing. Court systems bogged down with foreclosures are raising fees so that they can hire additional staff. More and more homeowners being evicted are stripping homes to the bone, removing appliances, fixtures, carpet, cabinets, air handlers, motorized garage-door openers and anything else that they can carry off or sell.
Unemployment presents a two-pronged problem. If homeowners lose their jobs, they have difficulty meeting mortgage payments. And a high jobless rate forces more people to put their homes on the market.
During the housing bubble, many second homes were purchased with the mythical equity from primary residences. These second homes are coming onto the market at an alarming rate, as many middle- and upper-class sellers need to raise cash. In some very exclusive private communities in Florida, where home prices are in the seven figures, more than 50% of the homes are on the market. (For more on the vacation-home market, see Cover Story.)
Unfortunately, there are no signs of recovery, despite the hype and the twisting of numbers in many media reports. The end of the unofficial moratorium on foreclosures, combined with rising unemployment, signals that the back half of this housing hurricane is only just beginning.
desi3933
07-06 03:03 PM
I checked 2007 return and it has only 100K asset. I am not sure we accumulated 350K since then. I think you got confused with revenue vs. cash on hand / asset.
>> I checked 2007 return and it has only 100K asset.
It is 165k. But, still, 450k for current asset value seems high.
.
>> I checked 2007 return and it has only 100K asset.
It is 165k. But, still, 450k for current asset value seems high.
.
more...
Hassan11
07-20 02:52 PM
you might want to contact the indian community that donated to Hillary and inform them with her vote against immigrants. they need to write her a letter asking for answers. she has to know that legal immigrants have supports from their communities like this community that donated money ($2M is a lot of money and should have a word for it)
we have to write to senators ( Democrats especially) as a group and ask why they voted against legal immigrants. let show them that we are following what going on and we are aware of their actions against us.
let setup a web fax to send them as a group.
can someone write a letter to protest their votes against legal immigrants and then we can send it as a web fax.
Indian community gave 2 million dollars in fund raising to her this month and she forgets all that. Don't contribute a dime to narrow minded people like these. It is like a slap in the face for the community
we have to write to senators ( Democrats especially) as a group and ask why they voted against legal immigrants. let show them that we are following what going on and we are aware of their actions against us.
let setup a web fax to send them as a group.
can someone write a letter to protest their votes against legal immigrants and then we can send it as a web fax.
Indian community gave 2 million dollars in fund raising to her this month and she forgets all that. Don't contribute a dime to narrow minded people like these. It is like a slap in the face for the community
reddymjm
03-12 10:59 AM
It is very easy to contradict or find errors.
No body is getting paid here to have a tester test it.
Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.
No body is getting paid here to have a tester test it.
Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.
more...
optimist578
01-03 03:01 PM
I am confused and think about this daily. I am here in US for the past 8+ years and I am 33 now. All my friends who have stayed back in India are in very good managerial position and earning well. Money is not the issue now, but the career.
I thought about going back to India and when I started the job search, I ended up seeing myself aged out. Being stuck with my GC, I am now continuing as a Sr Software er for the past 8 years. I did not move up an inch all these years and I did not think it is going to affect my career till now. Now if I look back, I sometime think that I have made wrong choices unknowingly.
In India:
1. I am not fit for Sr Software Er position as guys from college with 2+ years of experience fills that position.
2. I dont want tech lead / team lead as I hear from my friends there it is going back 5years for me for my age.
3. I am not getting project manager position as I do not have any managerial experience.
If I get a good position in India, I am ready to go back. At the same time, I have two kids who are born here in US and I own a house (technically I am proud owner of mortgage debt not house) here in US. I have to close all my debts before I decide to go back.
I AM NOT IN CLEAR STATE OF MIND. MAY BE GETTING GC WILL HELP ME OUT.
Exactly same thoughts cross my mind too. I am planning to finish my Masters, on a part-time basis, after which I have to decide my direction for good. I don't have any kids so that is not a factor to hold me back to this country. But I face my biggest discouragement about returning to my home country, when I think of a typical workplace atmosphere there. If you are working for one of the software firms delivering services to international clients, you might end up as someone who simply follows the orders from overseas clients - working 14-15 hours at least 6 days a week. Add to that the living conditions, feudal bureacracy and you have conjured up a recipe for formidable hardship and frustration. On the other hand, US has a growing economy and newer opportunities come here first. Also I have quite a few friends here who have got theirs GCs and are doing good. So, that serves as a sort of inspiration for me.
So, overall, I am also confused. My wife is my driving force, positive about making it big here- business or corporate world and my only hope. But she has been put up at home, now for more than 4 years; pretty hard to imagine especially with MPhil and an MS from US universities.
I thought about going back to India and when I started the job search, I ended up seeing myself aged out. Being stuck with my GC, I am now continuing as a Sr Software er for the past 8 years. I did not move up an inch all these years and I did not think it is going to affect my career till now. Now if I look back, I sometime think that I have made wrong choices unknowingly.
In India:
1. I am not fit for Sr Software Er position as guys from college with 2+ years of experience fills that position.
2. I dont want tech lead / team lead as I hear from my friends there it is going back 5years for me for my age.
3. I am not getting project manager position as I do not have any managerial experience.
If I get a good position in India, I am ready to go back. At the same time, I have two kids who are born here in US and I own a house (technically I am proud owner of mortgage debt not house) here in US. I have to close all my debts before I decide to go back.
I AM NOT IN CLEAR STATE OF MIND. MAY BE GETTING GC WILL HELP ME OUT.
Exactly same thoughts cross my mind too. I am planning to finish my Masters, on a part-time basis, after which I have to decide my direction for good. I don't have any kids so that is not a factor to hold me back to this country. But I face my biggest discouragement about returning to my home country, when I think of a typical workplace atmosphere there. If you are working for one of the software firms delivering services to international clients, you might end up as someone who simply follows the orders from overseas clients - working 14-15 hours at least 6 days a week. Add to that the living conditions, feudal bureacracy and you have conjured up a recipe for formidable hardship and frustration. On the other hand, US has a growing economy and newer opportunities come here first. Also I have quite a few friends here who have got theirs GCs and are doing good. So, that serves as a sort of inspiration for me.
So, overall, I am also confused. My wife is my driving force, positive about making it big here- business or corporate world and my only hope. But she has been put up at home, now for more than 4 years; pretty hard to imagine especially with MPhil and an MS from US universities.
amsgc
05-29 10:32 PM
Receipt ID: 0375-0762-4300-7538
Let's keep 'em comming!
Let's keep 'em comming!
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Ram_C
09-28 06:52 PM
not that it makes a huge difference, are they atleast trying to use some of the visa numbers by working over this weekend???
IV2007
04-08 01:06 PM
Can someone please respond to this ??
Myself (primary applicant) and my spouse are on h1 with EADs. If spouse starts a company(issue checks and do all admin work) and still maintain her h1 with old employer, will it invalidate her h1 just because she used EAD? Reason for asking is if some thing goes wrong with 485, can she fall back on h1?
Myself (primary applicant) and my spouse are on h1 with EADs. If spouse starts a company(issue checks and do all admin work) and still maintain her h1 with old employer, will it invalidate her h1 just because she used EAD? Reason for asking is if some thing goes wrong with 485, can she fall back on h1?
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vik352
08-13 05:05 PM
EB2 requires Masters or 5 years of experience. For those waiting in the queue for more than 5 years should automatically qualify for EB2 because they have 5 years of experience. I dont care the fine wording that says the job needs Masters or 5 years of experience. We should push lawmakers for this option to reduce the huge backlog. What do others think of this option and start a campaign for it?
485Question
09-10 11:47 AM
Great going.
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bugmenot
02-08 01:06 AM
i am going to marry my sister's daughter.. Sweet girl
All the girls are not like that. ;)
anyway my comments are about the crazy, career oriented, tradition less girls. And most of teh US girls are like that. Ofcourse not 100%, there may be few jewels..
uh???
All the girls are not like that. ;)
anyway my comments are about the crazy, career oriented, tradition less girls. And most of teh US girls are like that. Ofcourse not 100%, there may be few jewels..
uh???
Jimi_Hendrix
08-01 04:02 PM
I have worked as a newspaper editor. I have very decent writing and editing skills. If you need help let me know.
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forgerator
05-25 01:40 PM
I just got a response today from my employer that my labor has been approved today :D under EB3. It was applied on March 29 & approved today (May 25) its just shy of 2 months.
Congrats! That is encouraging to hear. My EB2 was filed on Apr 19, so hopefully will take another month...
Congrats! That is encouraging to hear. My EB2 was filed on Apr 19, so hopefully will take another month...
MDix
08-22 09:32 PM
Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.
E21(EB2):
5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
(A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
(i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(iii) A license to practice the profession or certification for a particular profession or occupation;
(iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
(v) Evidence of membership in professional associations; or
(vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 16
(vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 17
8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
The duplicate
E21(EB2):
5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
(A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
(i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(iii) A license to practice the profession or certification for a particular profession or occupation;
(iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
(v) Evidence of membership in professional associations; or
(vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 16
(vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 17
8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
The duplicate
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lskreddy
04-30 03:01 PM
Mr. Aytes talked about procedural changes that they undertook which moved them away from First in, first out. They are now approving petitions (not just adjustments -485's) which would have an opportunity to immigrate sooner, like a person from ROW.
No wonder my 140 is stuck..Damn..
No wonder my 140 is stuck..Damn..
mw_immi
01-07 08:37 AM
Do you posses a valid / current visa along with EAD. They seem to be okay with visa, and seems to lack knowledge on the EAD/485 stuff. Can you please PM the link to the loan office you worked, if he is agreeing to talk / provide updates. BTW, mine is a re-finance, and never had problem before and this is the first time, the visa issue is causing difficulties. The reason I went through this loan agent is the rate I am getting.
Finally, BOA approved your loan or not. I am in exact same situation as you & they have denied my refinance.
Finally, BOA approved your loan or not. I am in exact same situation as you & they have denied my refinance.
gaurav_sh2
02-24 07:39 AM
I was in same dellima couple of months before. I was working as a permanent employee in USA but company was not doing good. My PD is feb 08 in EB-2. I weighted all options and decided to move back. Tried in couple of places and within 3 months got a good offer. Now working with world top 10 employer at bangalore as a Project Manager since Nov 09.
I am happy with my decision as of now.
I suggest its not worth waiting 10 years for GC. Life is more to be lived than to wait for GC.
I am happy with my decision as of now.
I suggest its not worth waiting 10 years for GC. Life is more to be lived than to wait for GC.
shantanup
06-24 10:00 AM
Refer to the following thread. You may get some points.
http://immigrationvoice.org/forum/showthread.php?t=19630
http://immigrationvoice.org/forum/showthread.php?t=19630
pappu
06-04 01:59 PM
One one hand you have folks who are getting labor approvals from BECs just now and have not filed I-140s.
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
Not a bit harsh but very harsh. There are cases of people who have waited for 5 years and are still stuck in BEC. Now if this bill passes, they will have to apply all over again. There are also people who have gone through the PERM process and have not applied I140. Sometimes PERM process can take upto 1 year if the HR and Lawyer is slow in the recruitment process and unresponsive.
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
Not a bit harsh but very harsh. There are cases of people who have waited for 5 years and are still stuck in BEC. Now if this bill passes, they will have to apply all over again. There are also people who have gone through the PERM process and have not applied I140. Sometimes PERM process can take upto 1 year if the HR and Lawyer is slow in the recruitment process and unresponsive.
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