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.
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Macaca
10-01 04:07 PM
If the USCSI didnt have enough applications to be assigned the VISA , then why are they so conservative in making the cutoff dates move ahead. What is the harm in pro-actively moving the cutiff dates, to amek sure no visa gets wasted.
A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
kartikiran
03-06 08:00 PM
I feel like giving up today after I saw a friend of mine leaving to india with a US Citizenship and an overseas citizen of india card.
The irony is he applied two months after me in the same category except his application was from a different state.
Now it makes me think, if I have to go through this process and after 5 years if I end up like my friend, then I might as well do it now...:confused:
The irony is he applied two months after me in the same category except his application was from a different state.
Now it makes me think, if I have to go through this process and after 5 years if I end up like my friend, then I might as well do it now...:confused:
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AMKumar
07-06 10:54 AM
Man, in frustration people do not even know what to say and what not! Be very careful of what you spin and what you say. From the looks of it, this stuff has every chance of spinning out of control and it may have already started the ball rolling.Think about it for a second!. Once it goes that way, trust me, we will all live to regret that.
Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.
It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
~AMK
Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.
It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
~AMK
more...
DDLMODES
07-06 10:53 AM
OK can u explain how this info can be used against us...what the heck did we do?
We did not do anything but we are in the middle of it as future applicants thay will go through the same process.
If they decide that this process is a threat to security because they do not check people good enough how would that help us in any way ?
You know that's all they will care about in this whole process, right ? Once the public and the press gets that idea, is only downhill from there...
:(
We did not do anything but we are in the middle of it as future applicants thay will go through the same process.
If they decide that this process is a threat to security because they do not check people good enough how would that help us in any way ?
You know that's all they will care about in this whole process, right ? Once the public and the press gets that idea, is only downhill from there...
:(
kumhyd2
07-18 09:08 PM
Folks,
This is just a suggestion. Talk to your local Sears/Macys/Food4Less/etc/Indian Groceries / Deals2buy.com to collaborate in purchasing the coupons so that people can go get the coupons and present it to the respective stores. In the process say get a portion of it being contributed to IV. Work out some percentage model in which case it would be easier for people to contribute that extra amount instead of separately pulling out their card (people are lethargic to do this) and contributing to the google check out fund drive. Of course the other one is just another supplement of getting funds
May be like google check out, why dont you have Amazon coupons.
if you guys already thought of this and dont think works out. Ignore the post.
This is just a suggestion. Talk to your local Sears/Macys/Food4Less/etc/Indian Groceries / Deals2buy.com to collaborate in purchasing the coupons so that people can go get the coupons and present it to the respective stores. In the process say get a portion of it being contributed to IV. Work out some percentage model in which case it would be easier for people to contribute that extra amount instead of separately pulling out their card (people are lethargic to do this) and contributing to the google check out fund drive. Of course the other one is just another supplement of getting funds
May be like google check out, why dont you have Amazon coupons.
if you guys already thought of this and dont think works out. Ignore the post.
more...
amitjoey
08-12 11:46 AM
Just dont get what the senator is intending here ....
Not sure if senator is missing it or dodging it ....
The senator is missing it or dodging it - it clearly means one thing -we are invisible as constituents. We are being taken for a ride only because we do not speak up or go meet our lawmakers. They do not see us as ordinary constituents having the same issues as their other constituents. The whole human -angle is missing.
We have to go meet our lawmakers and explain to them our part of the story/ They need to be told and made aware that we live in their constituencies and our grievances are genuine and need to be addressed.
And although this particular bill does not affect people that are here already.. Beware!! the noose is tightening- the next on the chopping block is EB Immigrants.
Not sure if senator is missing it or dodging it ....
The senator is missing it or dodging it - it clearly means one thing -we are invisible as constituents. We are being taken for a ride only because we do not speak up or go meet our lawmakers. They do not see us as ordinary constituents having the same issues as their other constituents. The whole human -angle is missing.
We have to go meet our lawmakers and explain to them our part of the story/ They need to be told and made aware that we live in their constituencies and our grievances are genuine and need to be addressed.
And although this particular bill does not affect people that are here already.. Beware!! the noose is tightening- the next on the chopping block is EB Immigrants.
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ilwaiting
04-25 10:28 AM
I was and is always a believer that PD should be the date a person started working on H1B. In this way fair treatment can be given to immigrants who are here "legally" and paying tens and thousands of dollars in taxes each year. The current immigration reform is broken. I was working in US since 1998 and was on H1B status since then. Due to simple twist of fate I had to move because my old employer was not doing well. I'm sure there are thousands of others like me.
In enacting this law it would actually help USCIS itself help them in adjudicating cases. Moreover USCIS has complete entry exit record of employees and easy to adjudicate who was in or out of status on H1B/or any work visa.
Think about it. When USCIS can allow a person who came in 2004/2005 get ahead me in the EB queue simply by using a substituted labor with an older PD and jumping in front of queue before me which "I think is unfair". I wonder why USCIS can't justify giving PD based on when a person started working on H1B visa(dual intent visa).
Mind boggling and troubling immigration laws :confused:
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
In enacting this law it would actually help USCIS itself help them in adjudicating cases. Moreover USCIS has complete entry exit record of employees and easy to adjudicate who was in or out of status on H1B/or any work visa.
Think about it. When USCIS can allow a person who came in 2004/2005 get ahead me in the EB queue simply by using a substituted labor with an older PD and jumping in front of queue before me which "I think is unfair". I wonder why USCIS can't justify giving PD based on when a person started working on H1B visa(dual intent visa).
Mind boggling and troubling immigration laws :confused:
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
more...
Humhongekamyab
06-11 12:40 PM
Guys,
What Mr. Charles Oppenheim is doing is trying to build a Consensus to create a legislative relief.
So, they want us to create an awareness and buyin from decision Makers.
"Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades."
I agree. This was always there and it is only now that the government has acknowledged it. Mr. Oppenheim has given us ammunition to build our case and we must use it wisely.
Maybe we can have a have a "send fax" feature on IV from where we can quote Mr. Oppenheim's statement to send a fax to our senators. Also, it is high time that IV is a paid site even if it is $1 per month or 1 cents a day i.e. $3 per month. As I suggested in the past, new members/ visitors should be allowed to read the forums but to post a question or reply to a question one should be a paid member. I am confident that even with $1/month of 1 cent/day we will do better collections that we are doing now.
What Mr. Charles Oppenheim is doing is trying to build a Consensus to create a legislative relief.
So, they want us to create an awareness and buyin from decision Makers.
"Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades."
I agree. This was always there and it is only now that the government has acknowledged it. Mr. Oppenheim has given us ammunition to build our case and we must use it wisely.
Maybe we can have a have a "send fax" feature on IV from where we can quote Mr. Oppenheim's statement to send a fax to our senators. Also, it is high time that IV is a paid site even if it is $1 per month or 1 cents a day i.e. $3 per month. As I suggested in the past, new members/ visitors should be allowed to read the forums but to post a question or reply to a question one should be a paid member. I am confident that even with $1/month of 1 cent/day we will do better collections that we are doing now.
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nc14
05-31 09:27 AM
$50 recurring sent to IV yesterday.
.................................................. ...
$320 + $50 recurring
Proud to be an IVian. GO IV GO..
Yes we have to
.................................................. ...
$320 + $50 recurring
Proud to be an IVian. GO IV GO..
Yes we have to
more...
bobzibub
07-18 05:20 PM
For the ROW category, the manual seems to indicate that they have a general date (such as in the Visa Bulletin) but I would expect that they have many visa counts for each country..... Anyone have a quick synopsis of how they handle that?
I'm Canada btw....
I'm Canada btw....
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JunRN
09-28 09:47 PM
Kidding aside, when I get my GC and then US citizenship, I will apply for a position in DHS....or in FBI.....
more...
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GC9180
12-10 09:06 PM
In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.
If they are saying if spillover is used they would ensure eb2 I & C would have same PD dates. Since eb2 C is may 05 and for eb2 I to reach that date ( may 05) it would need at least 4k spillover visas...i think till then they would not a lot any spill over visas (1st 4k) to eb2 c .. and from that date onwards the spill over visas would be shared between I & C.
If they are saying if spillover is used they would ensure eb2 I & C would have same PD dates. Since eb2 C is may 05 and for eb2 I to reach that date ( may 05) it would need at least 4k spillover visas...i think till then they would not a lot any spill over visas (1st 4k) to eb2 c .. and from that date onwards the spill over visas would be shared between I & C.
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javaconsultant
10-11 04:33 PM
vparam...
Thanks for your detailed anwers.
have you opened your own LLC currently while on EAD?
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
Thanks for your detailed anwers.
have you opened your own LLC currently while on EAD?
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
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r_mistry
01-14 11:13 AM
How can we find out the current processing date for AP ?
You can check the dates on this link,
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Hope this helps,
You can check the dates on this link,
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Hope this helps,
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sumagiri
04-30 04:57 PM
look here at
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
For calculation purpose, I think they used up 140,000 * 85% * 65% = 77,000 (approx). Look at page 3 (last but one para) "According to DOS, applicants for adjustment of status currently account for 25% of annual family-based visa allocations and 85% of annual employment-based visa allocations."
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
For calculation purpose, I think they used up 140,000 * 85% * 65% = 77,000 (approx). Look at page 3 (last but one para) "According to DOS, applicants for adjustment of status currently account for 25% of annual family-based visa allocations and 85% of annual employment-based visa allocations."
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wantgc23
04-24 02:50 PM
Hi pappu/admin,
I just signed up for $25 per month contributions, Can you please allow me Donor access when you get a chance.
Thanks!
wantgc23
I just signed up for $25 per month contributions, Can you please allow me Donor access when you get a chance.
Thanks!
wantgc23
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snhn
06-10 11:08 AM
I was hoping against all odds that this was not going to be true when they announced it last month. The iron is that I have been current for the last 2 months now. But when one thing reaches the goal, the other slows down. The damn TSC is was processing June applications while mine is early August. I am hoping that they allocated my file so that when they reach August date, visa would be available for me.
I have EAD and AP and alos have h1 until 2010. in 2010, I would have completed 11 years on H1b visa. My company maybe doing layoffs in the next few months, and I was hoping to get my GC by then. I dont wish to to use EAD because I have a DWI and its safe to stay on H1 for that.
how are the oppourtunities out there for Quality Aussrance/ Analysts.
I have EAD and AP and alos have h1 until 2010. in 2010, I would have completed 11 years on H1b visa. My company maybe doing layoffs in the next few months, and I was hoping to get my GC by then. I dont wish to to use EAD because I have a DWI and its safe to stay on H1 for that.
how are the oppourtunities out there for Quality Aussrance/ Analysts.
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bpadala
05-20 12:50 AM
Hey,
This is the check list I used when I submitted my AC21 paper work last November when I moved out of my GC Sponsoring employer.
1. Cover letter mentioning you have all the eligibility to invoke AC21 after 180 days of filing your AOS and if your I140 is approved and as long as the roles and responsibilities are same or similar.
2. Attach an employer letter stating the job responsibilties mentioned on your Labour Certification petition along with your designation (Make sure it matches with one on your labour petition too). Make sure your employer adds something like providing employment even after your adjustment of status and its a permanent offer.
3. Attach approved I140 notice and pending I485 receipt
4. Attach your PERM/Regular LC petition.
5. Attach a copy of the AC21 memo which will remind there is a Govt Memo out to support your AC21..
This should help your case. I wish you success.
Thanks
This is the check list I used when I submitted my AC21 paper work last November when I moved out of my GC Sponsoring employer.
1. Cover letter mentioning you have all the eligibility to invoke AC21 after 180 days of filing your AOS and if your I140 is approved and as long as the roles and responsibilities are same or similar.
2. Attach an employer letter stating the job responsibilties mentioned on your Labour Certification petition along with your designation (Make sure it matches with one on your labour petition too). Make sure your employer adds something like providing employment even after your adjustment of status and its a permanent offer.
3. Attach approved I140 notice and pending I485 receipt
4. Attach your PERM/Regular LC petition.
5. Attach a copy of the AC21 memo which will remind there is a Govt Memo out to support your AC21..
This should help your case. I wish you success.
Thanks
Madhuri
10-22 12:04 PM
Mailed the letters.
espoir
07-19 01:02 PM
Just Signed up for $100/month recurring contribution. upgrade from $20/month in addition to $300 one time contribution in june.
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