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newbee7

07-06 06:55 AM

Can you please change the headling in Digg to:

Homeland security compromised in mad rush to process Green Cards

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isedkeem

03-06 02:57 PM

Thanks for the info buddy. Where to find more information on immigration to NZ? Please guide me on that.

The main website is the NZ govt website:
Skilled Migrant Category (http://www.immigration.govt.nz/migrant/stream/work/skilledmigrant/)

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pappu

07-14 08:22 PM

Thanks. The thread is a sticky now. Let us see how much we can collect. Someone, please add up on the thread. Thanks.

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gangster

07-18 01:44 PM

Contributed $100 and will sign up for monthly contrbution.


Thanks again IV and all members.

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a1b2c3

08-16 08:13 PM

Thanks for posting the doc. What is the source of this doc?

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Macaca

09-15 10:18 AM

Caught in a bureaucratic black hole Applicants seeking U.S. citizenship languish for years as the FBI conducts cumbersome records checks (http://immigrationvoice.org/forum/showpost.php?p=162416&postcount=1062) Lawsuits are a result By Anna Gorman (anna.gorman@latimes.com) | Los Angeles Times Staff Writer, September 10, 2007
A Solution Seen to �Brain Drain� (http://immigrationvoice.org/forum/showpost.php?p=154885&postcount=995) By STEVE LOHR (slohr@nytimes.com) | New York Times, August 27, 2007
"Reverse brain drain" threatens U.S. competitiveness, study says (http://immigrationvoice.org/forum/showpost.php?p=151661&postcount=960) By RACHEL KONRAD (rkonrad@ap.org) | AP Business Writer, 08/21/2007
Land of the Less-Free (http://www.latimes.com/news/opinion/web/la-oew-welch21aug21,1,291082.story) New passport and child-support laws are making the country less free for law abiding citizens By Matt Welch (matt.welch@latimes.com) | LA Times, August 21, 2007
Immigration Activists March in L.A. (http://hosted.ap.org/dynamic/stories/I/IMMIGRATION_ACTIVIST?SITE=PASTR&SECTION=HOME&TEMPLATE=DEFAULT) By CHRISTOPHER WEBER (cweber@ap.org) | Associated Press Writer, Aug 25 2007
Lofgren battles steep rise in fees immigrants pay (http://immigrationvoice.org/forum/showpost.php?p=137273&postcount=869) By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, August 1, 2007
Immigrant rights protesters rally at Capitol (http://immigrationvoice.org/forum/showpost.php?p=75396&postcount=38) By Molly Hennessy-Fiske (molly.hennessy-fiske@latimes.com), Times Staff Writer, June 2, 2007
Tech industry to keep pressing visa needs IMMIGRATION REFORM'S COLLAPSE GETS FIRMS LOOKING ABROAD (http://immigrationvoice.org/forum/showpost.php?p=104996&postcount=664) By Frank Davies (fdavies@mercurynews.com or (202) 662-8921), MediaNews Washington Bureau, 07/09/2007
Microsoft moves north Unable to meet its hiring needs because of U.S. immigration policy, the software company is opening an office in Vancouver (http://immigrationvoice.org/forum/showpost.php?p=105200&postcount=666) LA Times Editorial (letters@latimes.com), July 10, 2007

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bigboy007

06-03 03:02 PM

I understand but i already sent our media drive to 50 different media , i aleady sent multiple faxes , i already sent many many emails but please advise me what more should i do to convince IV core that issues i have mentioned also effect many who are already IV members , i am requesting you to see Text of Webfax is added acoordingly ?

I have nothing to do with date too. but with many posts on it i still feel there are many many members that get effected

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Green.Tech

06-19 04:51 PM

What are you waiting for?

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coopheal

08-13 03:55 PM

IV Core any ideas. Will this work.



.....
some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.

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hpandey

07-06 10:32 AM

Most leaders are actually volunteers in IV. They have a regular full time job.

What you are saying: "who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening" :

For this you need to hire full time lobbyist which costs a lot
of money. IV budget is nowhere close to that the Hispanic lobby group:
National council of La Raza whose budget is
$40 million or $1.3 billion including its �affiliates� network.
IV is a tiny organization in front of La Raza. Thats....a BILLION with which they hire full time lobbyist.

I strongly suggest you listen to the audio interview to understand how big the hispanic
lobby is and get some reality check of how things work in US politics.

Raul Yzaguirre on Past and Future of La Raza : NPR (http://www.npr.org/templates/story/story.php?storyId=4229605)

Even with such power also they cant pass CIR. But at least they ensure that no
EB or illegal immigration reform will pass unless there is something for illegals.

I agree with you . In fact I commend the IV leadership for at least giving us a platform. If someone believes that by a budget of 50 K to 100K a year IV can do some miracle then I guess they are deluding themselves.

I don't know much about behind the scenes IV leadership but I respect them for taking time off and doing something for the EB community .

Money talks in this country. Maybe IV people had good ideas or bad ideas but without money I don;t think anyone is going to hear our voice OR we need mass involvement - even that is not there . Although 30,000 people are IV members but when you need them except a couple of hundred you don't see anyone.

How can an organiation work which can't even collect 5K a month from its members . We all are willing to spend hundreds ( sometimes thousands ) of dollars on EAD, AP , H1, labor, I-140, I-485, lawyers etc etc and don't even spend 100$ a year ( yes not month - a year ) .

Most of the people come here to check forums or get free advice.

For this reason alone I cannot fault IV leadership and I respect them .

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nomad

09-13 01:34 AM

Just contributed one time $100 thru' paypal.
Web Accept Payment Sent (ID # 3BC32596YD273123L)

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shukla77

01-05 11:15 PM

. I just didnt say IIT but also REC's. REC stands for Regional Engineering Colleges (there are plenty in India) and that is not a payment seat. Education level is well maintained and by entrance examination standard, its far above GRE level. I think your generalization does not make any sense.Yes there are some decent RECs but there are also some very crapy ones.

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ksrk

02-26 02:02 PM

On what basis you are saying that? Do you have any data/links to support this?

That's my question too! Just speculation or based on something solid?

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cjain

08-11 10:35 AM

...the question is - where do you fall.

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chintainfogc

07-14 02:06 PM

Sent $ 25 via online bill pay

Confirmation Number: 7YB35-12VJB

Thanks
Chinta

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ganguteli

03-06 04:02 PM

Congrats everyone getting soft LUDs

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Suva

09-01 09:20 AM

Landed in April, 2000. Filed labor in Dec, 2004. 6 years and still counting.

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IAMINQ

04-02 02:36 PM

I received my labor approval in dec 2005 from Philadelphia Backlog Center

Priority Date: March 2004, EB3

Filed from Philadelphia Region.

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jung.lee

04-04 06:48 PM

Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??

Thanks
sree

My interpretation is that if the spouse (with EAD), in question has been in residence in the US for more than 6 months in a year, she would be considered a resident for tax purposes, and therefore be eligible to set up a S-corporation.

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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.

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mjadala

08-13 04:50 PM

We should do our best to push the bills to recapture unused visas by Sept end.

Also the one for STEM and per country quota. Otherwise we are looking at a long wait.

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