pappu
09-13 05:31 PM
Today I was hoping to exceed my contribution of $300 from yesterday. Looks like it is not goint to happen today. But it will be a bummer if I can't match yesterday's contribution.
We (GCNaseeb, sunty, bala our special guest and I) need just two more shooter to make a contribution of $100 who have never contributed before.
Thanks Milind123 for your contributions and leading this effort
We (GCNaseeb, sunty, bala our special guest and I) need just two more shooter to make a contribution of $100 who have never contributed before.
Thanks Milind123 for your contributions and leading this effort
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sunny1000
06-02 03:07 PM
Also wanted to point out that the "dual intent" provision of the H1-B will be removed by this new CIR bill which will make matters worse for the people with I-485 pending as those applications can be rejected based on that.:(
More bad news for the legals
More bad news for the legals
vparam
09-17 08:59 PM
we are planning to start an LLC as a group of three here......one of them being in india.i was wondering about the tax issues for a member of an LLC if he is based in India.Can he get an tax identification number.thank you.
Yes you can have international partners in LLC but they also need to pay tax, Unless it is a single member LLC , when you get taxed as individual otherwise you get taxed as a corporations. I think it is better to ask an accountant on how to include the international partner
Yes you can have international partners in LLC but they also need to pay tax, Unless it is a single member LLC , when you get taxed as individual otherwise you get taxed as a corporations. I think it is better to ask an accountant on how to include the international partner
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vgayalu
06-01 09:55 AM
My PD : 10/04. I got 45 days letter in May last week as per attorney.
My attorney is Stupid . She never gives any information and says it is the property of employer( Even LIN numbers)
I don't know when they can approve my labour.
:confused:
My attorney is Stupid . She never gives any information and says it is the property of employer( Even LIN numbers)
I don't know when they can approve my labour.
:confused:
more...
jonty_11
07-05 05:11 PM
Call your state senators, it is effective that way.
already done that
already done that
singhsa3
07-20 01:05 PM
You are forgetting spouses , EB-1 and in some cases 18+ years children.
Also quota in 2001, 2002 and 2003 was 195K and not 65 K
no. of h1b issued in last 4 years 65kX4= 260k
even if you double that (which i m sure is not the case), still it come to 500k.
so ure over estimating it.
thanks
Also quota in 2001, 2002 and 2003 was 195K and not 65 K
no. of h1b issued in last 4 years 65kX4= 260k
even if you double that (which i m sure is not the case), still it come to 500k.
so ure over estimating it.
thanks
more...
spicy_guy
10-22 10:03 AM
You are correct, it took around 10 months. From prevailing wage to labor approval. 2 months I mean filing actual labor application to approval.
Thanks for the clarification
Thanks for the clarification
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go_guy123
02-24 01:20 PM
Dont assume that people who gone back to India and working a manager are living happily without any issues.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
Very coreect uma...you can forget career growth in India without a MBA degree.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
Very coreect uma...you can forget career growth in India without a MBA degree.
more...
dslamba
05-27 03:35 PM
If I may suggest it may help our funding drive if we allow smaller contributions. (20$ or 10$) both recurring and one time.
I know at least a couple of people who would do a 20$ 2-3 times a year but won't do a $50. Anecdotal but may hold true for a lot more people.
-dslamba
I know at least a couple of people who would do a 20$ 2-3 times a year but won't do a $50. Anecdotal but may hold true for a lot more people.
-dslamba
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carbon
08-15 02:04 PM
America has always been a favorite destination for immigrants. In the past, labor jobs were abundant and there were enough immigrants to do those jobs. This mutual dependency contributed to the growth of the United States making it the fastest growing industrial nation in the world. Things have changed, labor immigrants have been replaced by high-tech and skilled immigrants, but two things have not changed. 1. America depends on immigrants to sustain growth and 2. Immigrants come to America to fulfill their dreams. This 300 year old interdependence is very important yet under appreciated by the lawmakers.
Skilled workers of foreign nationality are well educated, creative and ambitious individuals. They act as a �steroid� for the nation. They charge the nation with prosperity and growth. Generally countries depend on their younger generation and hope that they will become highly productive and good citizens contributing to the growth of their nation in future, however only few countries are blessed with the strong stream of immigrants with highly desirable qualities to make progress today, not tomorrow. It seems America is highly blessed in that regard. But unfortunately the lawmakers don�t seem to recognize how fortunate their country. Following facts support my observation:
1. World has entered information and biotech age. India and China has the biggest technological talent pool
waiting to settle down in USA, yet the immigration quota for these countries is locked to extremely small
and fixed number for decades due to half-century old laws. The laws does not take reality into account.
2. In the days of online stock trading, visa processing is still done at extremely slow pace.
3. The positive impact of immigrants has been taken for granted.
4. Immigration is considered a charity rather than an important factor in country�s growth. The attitude is not right.
If such ignorance continues in the United States following will happen:
1. Innovation will slowdown. It has already begun.
2. Technology companies will migrate to India and China.
3. Large scale outsourcing will occur for technological and knowledge based jobs.
4. Stock indexes will move south, as there won�t be many attractive places to invest money. High profits normally come from high growth companies and today�s high growth companies come from technology sector.
5. Tax revenues will decrease, which will affect all government activities including defense and public education.
6. The effects of illegal immigration will become severe as American�s will compete for low wage �blue collar� jobs as a result of outsourcing.
7. Severe retrogression in immigration will not allow skilled workers to settle down or adapt to ever changing skills market. It will hinder the growth of each skilled worker due to lack of long-term planning, long-term investments and developments. These people will not be able to plant the trees that can reap the fruits for generations to come.
8. The effect of not having skilled immigrants in the country will not be zero , but it will be negative and counter-productive as most skilled workers will go back to their home country and instead of contributing to the growth of America , they will compete.
9. National moral level continues to decrease as more American citizens are going into jails than good foreign nationals coming in!
All these effects will be slow in the beginning, but will be visible when it will cross the �tipping point�. A place from where there is no return.
The solution:
Remove the limit on immigration quota for technology professionals for 5 years to solve current retrogression crisis. There after update the quotas (increase or decrease) every year to keep delays constant at 1,2 and 3 years for EB1,EB2 and EB3 categories respectively.
In my view, 5 million well educated and talented legal immigrants are always better for the country than 5 million illegal immigrants. Its better to rely on technology to improve American life style than on illegal immigrants to do cheap labor.
Skilled workers of foreign nationality are well educated, creative and ambitious individuals. They act as a �steroid� for the nation. They charge the nation with prosperity and growth. Generally countries depend on their younger generation and hope that they will become highly productive and good citizens contributing to the growth of their nation in future, however only few countries are blessed with the strong stream of immigrants with highly desirable qualities to make progress today, not tomorrow. It seems America is highly blessed in that regard. But unfortunately the lawmakers don�t seem to recognize how fortunate their country. Following facts support my observation:
1. World has entered information and biotech age. India and China has the biggest technological talent pool
waiting to settle down in USA, yet the immigration quota for these countries is locked to extremely small
and fixed number for decades due to half-century old laws. The laws does not take reality into account.
2. In the days of online stock trading, visa processing is still done at extremely slow pace.
3. The positive impact of immigrants has been taken for granted.
4. Immigration is considered a charity rather than an important factor in country�s growth. The attitude is not right.
If such ignorance continues in the United States following will happen:
1. Innovation will slowdown. It has already begun.
2. Technology companies will migrate to India and China.
3. Large scale outsourcing will occur for technological and knowledge based jobs.
4. Stock indexes will move south, as there won�t be many attractive places to invest money. High profits normally come from high growth companies and today�s high growth companies come from technology sector.
5. Tax revenues will decrease, which will affect all government activities including defense and public education.
6. The effects of illegal immigration will become severe as American�s will compete for low wage �blue collar� jobs as a result of outsourcing.
7. Severe retrogression in immigration will not allow skilled workers to settle down or adapt to ever changing skills market. It will hinder the growth of each skilled worker due to lack of long-term planning, long-term investments and developments. These people will not be able to plant the trees that can reap the fruits for generations to come.
8. The effect of not having skilled immigrants in the country will not be zero , but it will be negative and counter-productive as most skilled workers will go back to their home country and instead of contributing to the growth of America , they will compete.
9. National moral level continues to decrease as more American citizens are going into jails than good foreign nationals coming in!
All these effects will be slow in the beginning, but will be visible when it will cross the �tipping point�. A place from where there is no return.
The solution:
Remove the limit on immigration quota for technology professionals for 5 years to solve current retrogression crisis. There after update the quotas (increase or decrease) every year to keep delays constant at 1,2 and 3 years for EB1,EB2 and EB3 categories respectively.
In my view, 5 million well educated and talented legal immigrants are always better for the country than 5 million illegal immigrants. Its better to rely on technology to improve American life style than on illegal immigrants to do cheap labor.
more...
NNReddy
04-11 11:29 PM
Can someone on EAD start a S-Corp or LLC? IF SO WHICH ONE IS BETTER S-CORP OR LLC? PLEASE ADVISE
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achiever2001
07-20 03:38 PM
You need to chill out dude. I do not see anything wrong. Whats wrong in analyzing and preparing yourself for future. I have plans to travel in 3 months.After looking at this thread I think it might take few more months. I think this is a valuable thread.
Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.
Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.
more...
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chanduy9
07-06 12:31 PM
Thank god(USICS)... they haven't changed the visa bulletin..by making every thing "U":D
Send flowers on JULY 10TH.
Thanks,
Chandra.
Send flowers on JULY 10TH.
Thanks,
Chandra.
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GCBy3000
06-01 05:26 PM
Until the CIR becomes law, you can still file LC and 140. So do not assume anything.
Once your labor is cleared, you can get one year extn. If possible, try to file that one year extn before this becomes a law. Still this may not solve the issue other than postponing the issue.
So basically if this becomes law..Iam screwed..I am in my 30 day waiting period to file for my Labor in Jul-07 & want to get a 7th year extention in June-08. Am I reading it right?
thx
Once your labor is cleared, you can get one year extn. If possible, try to file that one year extn before this becomes a law. Still this may not solve the issue other than postponing the issue.
So basically if this becomes law..Iam screwed..I am in my 30 day waiting period to file for my Labor in Jul-07 & want to get a 7th year extention in June-08. Am I reading it right?
thx
more...
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pappu
07-29 12:29 AM
First there was celebration by Atlanta center people and BEC people when visa fiasco happened. They rejoiced that since they cannot file I485, others should not be able to do so too as if this is some divine justice. When this was not sick enough, threads started blaming IV not caring for its members. (BTW this thread is started by a member who is anonymous and has been a known heckler and has posted offensive messages about IV in the past). Then there are emails being sent.
If you think spamming DOL and others with anonymous emails will help, you are wrong. I am seeing lots of emails from people with sender names like 'big_cat' , 'aabbccddeeffgg' etc etc talking about this 'huge injustice' and saying that Atlanta problem affecting 'millions of people' and that this is 'not what forefathers of America dreamt of'. Not even a single person wrote such emails with their name, address and phone number and a case number for someone to act on it. I hope highly skilled and intelligent people of this community use their intelligence when they write such emails. If you are so scared that you cannot even go and meet anyone, so scared that you cannot even write your name, address and phone number in your mail , do you think anyone will take you seriously? The emails core got from its members are also mostly anonymous and some went to the extent of telling core to only focus on Atlanta Perm because this is the 'real' issue.
If IV core was to take such anonymity approach in our advocacy efforts, IV would have been just a spammer organization and nothing else.
If you like to dwell in the shadows then just support IV and let us do our advocacy efforts. Or join an organization for illegals instead of Immigrationvoice. With our efforts and success 'everyone' will benefit. Have patience and faith.
- Pappu
====================
If you think spamming DOL and others with anonymous emails will help, you are wrong. I am seeing lots of emails from people with sender names like 'big_cat' , 'aabbccddeeffgg' etc etc talking about this 'huge injustice' and saying that Atlanta problem affecting 'millions of people' and that this is 'not what forefathers of America dreamt of'. Not even a single person wrote such emails with their name, address and phone number and a case number for someone to act on it. I hope highly skilled and intelligent people of this community use their intelligence when they write such emails. If you are so scared that you cannot even go and meet anyone, so scared that you cannot even write your name, address and phone number in your mail , do you think anyone will take you seriously? The emails core got from its members are also mostly anonymous and some went to the extent of telling core to only focus on Atlanta Perm because this is the 'real' issue.
If IV core was to take such anonymity approach in our advocacy efforts, IV would have been just a spammer organization and nothing else.
If you like to dwell in the shadows then just support IV and let us do our advocacy efforts. Or join an organization for illegals instead of Immigrationvoice. With our efforts and success 'everyone' will benefit. Have patience and faith.
- Pappu
====================
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a1b2c3
08-17 12:34 AM
Looking at the recent approvals looks like USCIS does the following:
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
I can only hope you are wrong :). I hope they sort first by PD and then by RP.
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
I can only hope you are wrong :). I hope they sort first by PD and then by RP.
more...
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wanna_immigrate
05-06 10:59 AM
Did you check the New I140 approval notice? The priority date on the latest I140 will have your Old PD. I believe its also advised you file an interfiling request.
Thanks for your reply. I still have to find out from the lawyer. All I have heard from him is 140 is approved. Before filing 140 he did say alongwith 140 application he will send a interfile request. I checked my 485 application online there is no change in LUD.
Thanks again.
Thanks for your reply. I still have to find out from the lawyer. All I have heard from him is 140 is approved. Before filing 140 he did say alongwith 140 application he will send a interfile request. I checked my 485 application online there is no change in LUD.
Thanks again.
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skv
06-20 01:24 PM
what on earth is that supposed to be?
Refer this.
http://immigrationvoice.org/forum/showthread.php?t=2567
Refer this.
http://immigrationvoice.org/forum/showthread.php?t=2567
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susie
07-15 11:32 AM
2 0f 2
Jack, Mary and Sundeep
Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.
Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.
Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).
He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.
Education
Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.
If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.
To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:
1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the USA upon completion of the course of study.
Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,
it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]
However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.
Jack
Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.
Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.
During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.
However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.
The Need for Reform for the Children
Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!
Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:
* He is not allowed to live in his home with his friends and family automatically;
* The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
* The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.
The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.
Help for the Children of Illegal Migrants: The DREAM Act
Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.
Reporting Errors
This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.
Jack, Mary and Sundeep
Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.
Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.
Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).
He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.
Education
Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.
If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.
To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:
1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the USA upon completion of the course of study.
Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,
it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]
However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.
Jack
Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.
Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.
During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.
However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.
The Need for Reform for the Children
Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!
Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:
* He is not allowed to live in his home with his friends and family automatically;
* The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
* The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.
The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.
Help for the Children of Illegal Migrants: The DREAM Act
Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.
Reporting Errors
This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.
Ramba
04-28 11:11 AM
As far as I remember, I (from California) was able to renew the license by mail. I did not have to go to DMV. So, these issues about I-797/I-94 needed for DL, are they coming up during a new DL or during renewal of license?
Howz DL procedure in CA for 485 guys? I do not have H1B any my I-94 expired long time back. I have out of state licensce that expires in 2011 only. If I want to take CA DL, will it be a easy process? For how many years they give DL for 485 guys?
Howz DL procedure in CA for 485 guys? I do not have H1B any my I-94 expired long time back. I have out of state licensce that expires in 2011 only. If I want to take CA DL, will it be a easy process? For how many years they give DL for 485 guys?
ckichannagari
07-15 11:24 AM
Just mailed cheque for $20
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