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  • I am disappointed too....... I think a lot of people are losing hope.........:(
    I am one amoung them. Especially after knwoing hourse bill has higher priority than tax payer's immigration issue...!!!





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  • You have already violated your F1 status. You can not have a company apply for PERM & i140 while on F1 status, period. All that stuff of "it’s for a future position" or "you did not authorize the company to apply for I 140" is B.S. The only thing that matters is that F1 is not a dual intent visa, and initiating a immigrant process in your name (yes the PERM and I140 applications have your name on it meaning you authorized it) means you violated F1 status. You need to consult an attorney before you file for H1.

    USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?

    If they did not catch it at PERM, why did they not catch it at the I-140 stage?





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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.





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  • Good thread.





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  • Best advice? Talk to more than 1 immigration lawyer.

    I don't need to talk to Immigration Attorney.

    Have a good day!





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  • The potential for misuse is too much. So I only support GC for someone with a PhD, even though I have a Masters.





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  • For this reason IV should stop posting any strategy and plans on www that is accessible to everyone.

    With due respect to your contribution to Immigration Voice, I completely disagree with you. I don't think there is anything wrong in discussing strategies on IV. Actually people will support that not discussing strategies among members have created more damage to us then discussing and let antis know about them.





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  • My I485 is pending, recently I have changed my address online. I also recieved confirmation letters for this address change.

    After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.

    What could be the reason for this RFE? Is it common?





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  • Using AP for travel is losing H1B Status?

    Also dependent GC applicant using EAD means losing primary applicant H1B Status?

    Please let me know?

    Thanks





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  • Its not a problem dude...

    You can either carry it with you or make a color photocopy (like how we used to do with our indian license) or just shove it up ur A$S....

    Dude are you trying to rub salt????

    BR





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  • I wanted to share with all you guys that last Friday I went to the local CBP office and got our I-94 extended till 2010 :)
    phew...what a relief it is. The officer was very polite and accepted that it was the POE Officer's mistake and told me that he blew it up. He gave us a new I-94 and struck out the number and wrote the number that was in my old I-94. He also updated that info in the system.

    Thanks for all your help.





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  • Wata,

    If I were you, I would rather wait atleast till Nov 2006 before converting I-140case to premium processing because as you said NSC is currently processing I-485 cases for Dec 2005 and it would take 5/6 months more from now to come to June/July 2006 to process I-485 at current pace. But Again this is my personal thought....

    Moreover, in order to take advantage of AC21 portability you I-140/I-485 case has to be 6 months old. So getting I-140 approved through premium processing does no good as you would have to wait till Dec 2006 anyway for your I-140/I-485 case to become 6 months old.

    Thanks,
    Law Loving Alien





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  • With a big questions mark on its cash position and a minimum outgo on salary estimated at Rs 500 crore a month, Satyam may lay off over 10,000 employees next month, says a recruitment firm.

    "It is most likely that Satyam will cut 10,000 jobs next month as the company is left with no cash to pay the salaries. The current fiasco is likely to put pressure on salaries, which may reduce by 10 per cent due to the surplus of about 20,000 people in the jobs market," Headhunters India CEO Kris Lakshmikanth said.

    Satyam interim CEO Ram Mynampati while admitting that the cash position is not encouraging, the company, however, has taken care of salary for December. Lakshmikanth said till Tuesday evening there were about 7,800 people from Satyam who had posted their resumes on job sites and by Wednesday afternoon, it has gone up to 14,000.

    The uncertainty about jobs is killingly painful for the 53,000 employees of Satyam, especially when the industry is going slow on recruitment. Further, possibility of a takeover too looks distant as the accounting fraud done by the company would make it difficult for any firm to evaluate its correct market value, which is compounding the worries of the employees.

    IT-BPO union Unites Professionals general secretary Karthik Shekhar said, "In case of any lay off at Satyam, we may take legal action." "We have received over 7,000 hits since the news break.

    On Wednesday, in one hour we have seen over 800 hits (no of people visiting the site) from Hyderabad. People have been enquiries on how the union can help them," Shekhar added.





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  • Done





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  • Team,

    I am in eb3 with priority date jan/2007 and working with EAD and 485 pending.

    my sponsered employer willing to promote me with my position and i was having thought of filing a new case in eb2 and port my eb3 priority date. my company has different sister company working in different areas, can I file my eb2 application from other sister company not from the company where my eb3 is filed?

    Also I have 3 years degree and 1 year pgdca plus 10 plus years of experience. I wanted to know if you know anybody who filed eb2 with 3 years degree and 1 year pgdca? according to my research i may have trouble at 140 stage?

    if my eb2 gets denied, what happens to my eb3 case?

    Please advice.

    Thanks,
    Matt.

    Its tough at I-140. But you wont have any issues with EB3





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  • nothing in advice/suggestion, just wishing you good luck with your endeavour.





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  • Hi Everybody, I have a question to the people who already invoked AC21? Do we need the I-485 receipt to invoke AC21 or can we use I-797C(Biometrics notice) as proof of AOS pending? My employer and employer's attorney did not agree to give me the I-485 receipt. I filed FOIA but did not get anything yet. I could file EAD and AP online and send the biometrics notice as supporting doc, received EAD and AP is pending. Does anybody know if there is any other way to get the I-485 receipt or is it really needed for AC21?





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  • Did any one tried filing single and then amend join in 2007 - can you share your experiences here ....





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  • good question,an update will be halpful, we also want to know how we can halp in short term to get the 485 relief?





    I think what makes it so interesting is the fact that its a little controversial and actually makes you think.

    Well I find offensive the implication that asking if you've read the bible makes you think.





    Can we see a list of all the positive outcomes of the various advocacy events, lobbying etc done by IV for the EB immigrant community please?
    And, if any of those good outcomes are being implemented by USCIS to ease the EB backlogs?