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  • Thanks for the summary lonedesi, it was very helpful understanding how did the show go.

    My opinion about efforts such as this explaining problems faced by us on public shows like this , it is very much required.

    I thank again all IV core members who participated this show .. another Geat effort by IV.

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  • am in..

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  • I love your optimism.
    1) EB 2 will be current. You are saying 09 Apr. I disagree. It will be at least 2 years before EB2 can be current.
    2) After EB2 is current EB3 ROW will be advanced. You are saying 09 Apr. Again I disagree. To make EB3 ROW current will take up to 2 years after EB2 is made current.
    3) After that EB3 will move. You are saying 09 Apr. I couldn�t disagree more. Even after that EB3 will get visa not used by all others for that year.

    Thanks for being optimistic about EB3 but EB3 movement is not going to happen anytime soon.

    EB3 I and in general all EB applicants need a solution now.
    Until this process becomes so painful for us that we either go back or do a mass movement to get some legislative relief there are no better days for us.

    USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.

    If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.

    Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.

    What will happen during 2009 in all likely hood is the following,

    Almost all EB1 spillover will go to EB3. (~ 25k)
    Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
    In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.

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  • The Immigration and Nationality Act (INA), the section of government law that guides immigration, specifically states that any non-immigrant alien visitor to the United States must have a passport that is valid for 6 months beyond the intended period of admission. That is to say that if your program or employment runs until May of 2008 you must have a passport that is valid until at least November of 2008. If the alien visitor is from a country that is in agreement with the United States to automatically assume that the alien's passport is valid for 6 months past the passports expiration. These countries are referred to as 6 month countries. That simply means that if the alien is from for ex. India and the passport date will expire before the end of of program date, officers are allowed to make the I-94 valid until the end of the passport. If the alien is not from a 6 month country the officer can only admit the alien with an admission date on the I-94 with a date that is 6 months before the passport expires. Officers at airports and deferred inspection offices do not have the authority, at a later date, after a new passport has been obtained, to change the original I-94 to the date that would have been given at the original time of entry had the passport been valid for 6 months beyond intended period of entry. The alien must request an extension of stay with an explanation submitted to the USCIS office, no fee is required, and a new I-94 with the appropriate date will be issued. However, if you call USCIS and are fortunate enough to get to speak to someone, that person, an information officer, with 2-5 weeks training, will tell you a CBP Officer can change it. Some officers will change the I-94, however, they have no authority to do so and can face penalties for doing so.

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  • Originally posted by Kitiara
    Another pixel battle? Cool, I might enter myself in that one... I'm nowhere the standard of you two, but I could give it a go.

    Tell us your idea, then one of us mods can post the official entry details...

    Nowhere in the standard of us two Kit???? Maybe Soul, but that entry was only my second pixel art thing ever.... so I am pretty sure you could be able to come up with something good.

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  • Pd_recapturing,

    Thank you very much, My bothe I140 are approved. could you please tell me what all documents are needed. and if u by any chance have the pearson memo soft copy, please send it in me2rai@yahoo.com.


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  • Stop trying to guilt people into voting for you! :P

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  • Our FP were sent back to USCIS the same day - 10/1/07.

    What does this mean. The lady didnt have any information on name check. Seems like there is no way of knowing anything about name check!:mad:

    Yeah sadly, there is no way to know. Even I am desperate to find out how one can know if they have cleared name check. I happened to know this from my friend - Get an infopass appointment and maybe an immigration officer might be willing to help you. I don't know how far this is possible since I HAVE NOT TRIED IT. But could be one of the options. More discussions from other experts might help.

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  • If your PD is prior to Sept 1998 then let everyone know. Let's see how backward the PD stretches to in the IV community.

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  • I guess I did posted in general section. I did not noticed other news sections ...as you can see I am new here.
    And if you just want positive posts ....thats good.

    Then leave some negative thinking,

    I dont have any other details other than ..what I have on my profile.

    Friend, with all due respect; what the members requested was to post some information about yourself. are you a immigrant? do you have any application pending / approved etc.
    This helps us identify with you as a group.
    Thanks for bringing this visa abuse issue to our attention. Just as in any other trade, surely there are many abusers, however, this economy fueled itself to the top of the world in a lot of things using talents from around the world and that was mainly via the temporary work visas including H1b. Now you might meet 1 person in say 100000 who falls into the catagory you mentioned and none of us entertain such people with any respect.

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  • Immigration: 'Birth Tourism' Industry Markets U.S. Citizenship Abroad - ABC News (http://abcnews.go.com/Politics/birth-tourism-industry-markets-us-citizenship-abroad/story?id=10359956&partner=yahoo)

    A New Baby Boom? Foreign 'Birth Tourists' Seek U.S. Citizenship for Children
    More Foreign Mothers Live Abroad to Give Birth on U.S. Soil, Debate Over 14th Amendment

    Millions of foreign tourists visit the United States every year, and a growing number return home with a brand new U.S. citizen in tow. housands of legal immigrants, who do not permanently reside in the United States but give birth here, have given their children the gift of citizenship, which the U.S. grants to anyone born on its soil.

    The number of U.S. births to non-resident mothers rose 53 percent between 2000 and 2006, according to the most recent data from the National Center for Health Statistics. Total births rose 5 percent in the same period.

    Among the foreigners who have given birth here, including international travelers passing through and foreign students studying at U.S. universities, are "birth tourists," women who travel to the United States with the explicit purpose of obtaining citizenship for their child.

    Catering to the women is a nascent industry of travel agencies and hotel chains seeking to profit from the business. The Marmara Manhattan, a Turkish-owned luxury hotel on New York's City Upper East Side, markets birth tourism packages to expectant mothers abroad, luring more than a dozen pregnant guests and their families to the United States to give birth last year alone.

    "What we offer is simply a one-bedroom suite accommodation for $7,750, plus taxes, for a month, with airport transfer, baby cradle and a gift set for the mother," Marmara Hotel spokeswoman Alexandra Ballantine said.

    The hotel estimates the total cost of the package at $45,000.

    Most women stay for two months, Ballantine said, and they make medical arrangements on their own. "Guests arrange and pay for these by themselves," she said of hospital costs that can approach $30,000.

    For those with the means to pay, it's a small price to give a child the full benefits of U.S. citizenship, including the ability to travel freely to and from the United States, easy access to a U.S. education and a chance to start a life here.

    "We found a company on the Internet and decided to go to Austin [Texas] for our child's birth," Turkish mother Selin Burcuoglu told Istanbul's Hurriyet Daily News. "I don't want [my daughter] to deal with visa issues. American citizenship has so many advantages."

    The greatest of those advantages may be the ability of the citizen child to later sponsor the legal immigration of his or her entire family permanently to this country, experts say.

    The "birth tourism" industry, which is difficult to track and remains largely anecdotal, has been on the rise for years, according to government and participants reports. Of the 4,273,225 live births in the United States in 2006, the most recent data gathered by the National Center for Health Statistics, 7,670 were children born to mothers who said they do not live here.

    Many, but not all, of those mothers could be "birth tourists," experts say, although it is difficult to know for sure. The government does not track the reasons non-resident mothers are in the United States at the time of the birth or their citizenship, meaning births to illegal immigrants who live in the United States are counted in the overall total.

    In recent years, many women have come from Mexico, South Korea, China and Taiwan, but the trend now extends to countries in Eastern Europe, such as Turkey, where as many as 12,000 children were born in the United States to Turkish parents since 2003 by one estimate.

    The business of birth tourism is perfectly legal as long as immigrants are able to pay their own way.

    The State Department and Department of Homeland Security have no specific regulations banning pregnant foreigners from entering the United States. But officials say they can and do turn away pregnant women with obvious designs on coming to the United States to take advantage of free medical care. "When determining if an individual will be allowed to enter the U.S., Customs and Border Protection officers take into consideration the date the child is due for delivery and the length of time the individual intends to stay in the U.S.," a Department of Homeland Security spokesman said.

    Still, critics say the practice largely goes unchecked and exploits the true meaning of the 14th Amendment to the U.S. Constitution, enacted after the Civil War to grant citizenship to descendants of slaves.

    "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside," the amendment reads.

    "It's really an incorrect interpretation of the 14th Amendment," said Jerome Corsi, a conservative author and columnist who has studied the issue of birth tourism. "Birthright citizenship is a loophole � [and] as it expands into a business for entrepreneurs in foreign countries who offer birth tourism packages, it markets the loophole to attract additional mothers to the U.S."

    Lino Graglia of the University of Texas law school wrote in the Jan. 11 Texas Review of Law & Politics that the authors of the 14th Amendment never would have imagined their words bestowing citizenship to illegal or visiting immigrants.

    "It is difficult to imagine a more irrational and self-defeating legal system than one which makes unauthorized entry into this country a criminal offense and simultaneously provides perhaps the greatest possible inducement to illegal entry," Graglia wrote of birthright citizenship. The Supreme Court has only addressed the issue once, ruling in 1898 that citizenship applies to U.S.-born children of legal immigrants who have yet to become citizens.

    Some legislators, including U.S. Rep. Gary Miller, R-Calif., have called for revising the Constitution to forbid citizenship by birth alone and thereby end the attraction of birth tourists. But other politicos, from both sides of the aisle, say such an approach is politically unrealistic, not to mention unnecessary. "You just turn people down for being pregnant," said Mark Krikorian of the Center for Immigration Studies. "That should be the default position and then there'd have to be some very good reason for an exception."

    Krikorian acknowledged that some people might find a ban on pregnant visitors "outrageous," but questions the rationality of the alternative.

    "Do you really think that's right that somebody here visiting Disneyland should have their children be U.S. citizens, which they'll then inevitably use to get access to the U.S.?" he asked.

    Krikorian and others call the offspring of birth tourists "anchor babies," because they can serve as a foothold for future legal immigration of an entire family.

    Ali Noorani, executive director of the National Immigration Forum, said he sees the debate about birth tourists in a different light, however, noting that arguments about citizenship of children ignore a fundamental question of humanity.

    "If we're a country that cares about families and family values, then why are we blaming the children for a decision the parents made. Their only decision was to take a first breath," he said.

    "What is the State Department going to do? To fill out a visa application have a woman pee on a stick?"

    The United States is one of the few remaining countries to grant citizenship to all children born on its soil. The United Kingdom, Ireland, India and Australia, among others, have since revised their birthright laws, no longer allowing every child born on their soil to get citizenship.

    This news is not only ridiculous but also looks down on people from other country and the writer lives in the illusion that the US is the greatest country in the world.

    People in other country have a life too (probably a better one) and I dont think any sane person will consider spending 15K to come to USA just to give birth and get the advantage of US citizenship. People in other countries are just like people in this country and any normal family will celebrate the birth of a kid and not worry about something as sickening as this.

    After all USA is a great country but it is not the ONLY great country. Every country has their share of advantages and disadvantages.

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  • Albert pinto ko Ghussa kyun aata hain.. ;)

    just kidding..

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  • One of my colleagues got audit for two consecutive years and he received his green card last month.

    I can back that one up. We received audit August 13 for 2005. Had to prove we are married & kids live with us. When called and spoke to officer she said it was an "INS flag"! Honest to God that is what she said. She then asked if we had applied in the last couple of months for 485's??? She knew all about the USCIS system and said one way of telling is if you file jointly at the same address each year then why would IRS be asking for proof of marriage and kids living there etc. She was great and confirmed they had received all paperwork. Had to resend due to liquid being spilled on copies.... Even H&R Block said it was INS based.

    Then we get 4 out of 5 EAD's approved, but spouse gets RFE and it is proof of name change please resubmit marriage certificate!



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  • What Pankaj did was great. The idea was really great - earlier we made a youtube video that is linked on IVs front page and that also has the anthem in it - when I did that I was having the same thought - whether it would be a good idea??? But then I thought, offcourse , why not???? Just because anti immigrants hate us, it does not mean we don't belong here, we very much belong here and are a part of this society.

    We must all be proud that we are here - remember - we may have come from different countries but now this is our home - offocurse tough situations may prompt people to return or many may not have a sense of patriotism.

    Anthems must be sung from the heart and with a sense of patriotism and Pankaj did exactly that.

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    Wow... can we call it discrimination?

    People who are living illegally will keep driving with a fake or no license and no insurance. But legals will be segregated like this! Nice.

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  • bump!!!

    we can send email to all state chapters

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  • ... Was your MS Certification in your country of birth or in USA? And if it is not in uSA did you get it evaluated in USA and have submitted evaluation cert copy along with your application?

    all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.

    See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.

    Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.

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  • I will not be good in english (en fact with the new bill i am in trouble....) but as european i can tell what is the real situation in europe is different of what Communique says. I have lived in French, for more than one year, and the problem was that the French has take the communique version on the immigration, means under class of citizen. That`s the real problem. It`s funny that nobody speaks about what happens in England, where they decided for a full integration or in Spain, or even in Nederland, no riots down there, how is possible?

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  • I just received the following email from TSC. case status is also updated with a hard LUD. It seems like TSC online system is working again!!!!!!!

    receipt Number: SRC07******


    Current Status: Card production ordered.

    On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Congratulation. Good Friday brought great news for you. Enjoy the freedom.


    Buddy, what were you doing for 40 days after your got terminated? If you knew it was coming you should have made efforts to transfer H1 or right after. If you transfer H1, then obviously INS will look for pay stubs etc from the last sponsoring co. Since you mentioned you never actually worked for them (if I understand this right) then you are in trouble. You can use EAD but you lose your H1 status. If you want to get back to H1 then you are back in the lottery mess to qualify for one. Obviously you need to decide what is important to you at this point. Marriage or your job/GC. Good luck.

    You can always marry a US Citizen and solve both the problems !!!!
    How about that

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