insbaby
07-06 01:02 AM
Any volunteers? Why don't I see a single volunteer! Seriously, can we have an election without candidates?!
Not Volunteers but Leaders...
Volunteer is a person who takes responsibility and does a single task. Here the question was raised to have new leaders 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.
Not Volunteers but Leaders...
Volunteer is a person who takes responsibility and does a single task. Here the question was raised to have new leaders 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.
wallpaper derrick rose sneakers.
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
swadeshi
08-10 11:14 PM
As per the tracking no. given by my lawyer, my app also received at 7.55 AM on July 2nd, signed by R.Williams , but my check not cashed yet, no receipts yet, what a mess....
I know a friend whose application was recieved at 10:45 AM on July 2nd at NSC, he got the receipt number in July III week, our application was received at 8:26 AM on july 2nd, nothing till date, checks haven't been cashed...no updates!!
So dunno how they are picking the applications, anyways there is good news that they are working on the July 2nd applications, and more & more of us are receiving the receipts numbers.:)
I know a friend whose application was recieved at 10:45 AM on July 2nd at NSC, he got the receipt number in July III week, our application was received at 8:26 AM on july 2nd, nothing till date, checks haven't been cashed...no updates!!
So dunno how they are picking the applications, anyways there is good news that they are working on the July 2nd applications, and more & more of us are receiving the receipts numbers.:)
2011 the torch to Derrick Rose,
bskrishna
07-11 12:04 PM
heres the thing..we have been talking about the 2004 hump for eb2 for a while now. if you download the perm data from 2005 you will see only 7000+ PERM approvals for India. this included a significant number of EB3 other worker categories like pipe welder, cook, etc ( i am assuming they were eb3 -other worker...correct me if i m wrong)
this was the breakdown per month for perm 2005
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
7290 - includes everybody - eb2, eb3, eb3 other workers
the whole question was the hump of 2004-march2005
ithis is the first time since when retrogression started on oct 1 2005, that the dates have moved beyond 2005.
do we have any such nos for 04? ideally 05 EB2 should buzz through adjudication in less then a quarter.
this was the breakdown per month for perm 2005
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
7290 - includes everybody - eb2, eb3, eb3 other workers
the whole question was the hump of 2004-march2005
ithis is the first time since when retrogression started on oct 1 2005, that the dates have moved beyond 2005.
do we have any such nos for 04? ideally 05 EB2 should buzz through adjudication in less then a quarter.
more...
gk_2000
04-21 06:26 PM
My hearty congratulations..
Your degree was 3 yr or 4?
I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey
1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006
2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007
3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)
4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011
5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)
6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)
Wish the very best to everyone else waiting on the GC line.
Your degree was 3 yr or 4?
I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey
1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006
2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007
3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)
4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011
5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)
6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)
Wish the very best to everyone else waiting on the GC line.
malaGCPahije
08-13 03:56 PM
From Sept 2008 visa bulletin: "The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September."
I think we must do something for EB3 category. BTW when is congress coming back from recess? Can we do something on the visa recapture bill??
This is truly sad. And I agree with WillWin that we need to do something. IV core has time and again stressed that they will not do anything for a certain EB group. I understand their stance. But every other EB group is getting help from somewhere. For EB3-I, forget getting help, we are actually losing every day forward.
I have lost hopes now, after reading this today. This may as well be my final post to IV. I will keep my recurring payment to IV going on. Hopefully it will help my EB2 friends get their GC and help those people (refer to the Indian friends voting for lawsuit against EB3 to EB2 porting) who want to further turn the screws on EB3-I. How much can you beat a man (or a group) that is already battered?
Best of luck to you all.
I think we must do something for EB3 category. BTW when is congress coming back from recess? Can we do something on the visa recapture bill??
This is truly sad. And I agree with WillWin that we need to do something. IV core has time and again stressed that they will not do anything for a certain EB group. I understand their stance. But every other EB group is getting help from somewhere. For EB3-I, forget getting help, we are actually losing every day forward.
I have lost hopes now, after reading this today. This may as well be my final post to IV. I will keep my recurring payment to IV going on. Hopefully it will help my EB2 friends get their GC and help those people (refer to the Indian friends voting for lawsuit against EB3 to EB2 porting) who want to further turn the screws on EB3-I. How much can you beat a man (or a group) that is already battered?
Best of luck to you all.
more...
gjoe
01-06 08:39 AM
Yes. Nalanda Univerisyt is one of the oldest. If you consider the 80% of education system we follow, they are all gifted by brts.
Ex: English... the way we speak and use the language is like brit.
Irony,,, Nalanda University is being revamped (I think structure wise) by Japan government.
If you want to credit GE with the invention of light bulb it is ok if you think so because the the bulbs and light fixtures are made by GE ;)
BTW if a thief robs your house and leaves behind his knife you can call it a gift. The owner of the house has a right to think so. :)
Ex: English... the way we speak and use the language is like brit.
Irony,,, Nalanda University is being revamped (I think structure wise) by Japan government.
If you want to credit GE with the invention of light bulb it is ok if you think so because the the bulbs and light fixtures are made by GE ;)
BTW if a thief robs your house and leaves behind his knife you can call it a gift. The owner of the house has a right to think so. :)
2010 derrick rose mother_03.
mayitbesoon
08-07 10:32 AM
It is so true. BEC victims are now I-140 backlog victims. It might help if IV can campaign for I-140 premium processing for BEC backlog victims. Ours is EB2 2003 from PBEC. LC process took 4 years. We are still waiting for I-140 to be approved while they are approving GCs for 2006 filers. It is absolutely unfair game by USCIS.
more...
nlssubbu
10-01 04:20 PM
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.
Cut-off days not only determine number of applications that can be received at their end, but also the make eligible applications approvable. I think at times when the cut-off date resulted in more approvable cases than USCIS can handle, then they move it back as well.
May be they should have two cut-off days instead of one like this:
1. One for receiving applications beyond that date.
2. Another for approval.
This may help them to pick necessary applications needed from this pool and approve them without losing the allocated visas.
I think change has to come from the legislation wing to amend the procedure in USCIS.
Thanks
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
Cut-off days not only determine number of applications that can be received at their end, but also the make eligible applications approvable. I think at times when the cut-off date resulted in more approvable cases than USCIS can handle, then they move it back as well.
May be they should have two cut-off days instead of one like this:
1. One for receiving applications beyond that date.
2. Another for approval.
This may help them to pick necessary applications needed from this pool and approve them without losing the allocated visas.
I think change has to come from the legislation wing to amend the procedure in USCIS.
Thanks
hair pictures of derrick rose
ind_game
05-14 03:55 PM
Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.
Good luck.
Not sure how the GUI interface for USCIS looks like.........atleast there would be a history of updates for each petition like received, approved, revoked along with dates and notes, just like we do updates to our threads in this forum..........I mean that is bare minimum
But my online status of I-140 still says this........Not that I have to rely on this.......
__________________________________________________ ________________________
Receipt Number: LINXXXXXXXXXXX
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On September 4, 2007, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
__________________________________________________ ________________________
Good luck.
Not sure how the GUI interface for USCIS looks like.........atleast there would be a history of updates for each petition like received, approved, revoked along with dates and notes, just like we do updates to our threads in this forum..........I mean that is bare minimum
But my online status of I-140 still says this........Not that I have to rely on this.......
__________________________________________________ ________________________
Receipt Number: LINXXXXXXXXXXX
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On September 4, 2007, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
__________________________________________________ ________________________
more...
HV000
07-22 12:28 PM
NY/NJ/CT/MA Members -
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
hot derrick rose posterize.
delhiguy79
08-15 11:10 AM
If its 2001 or 2003 ... ppl like me who r in EB 3 (with PD March 2007) will not get GC for next 4-5 yrs until and unless they spill Eb 1 cases evenly to Eb2 and Eb3...which is next to impossible :eek:
more...
house derrick rose girlfriend.
bsbawa10
02-07 02:52 PM
First of all I am really sorry for all this happening to you. Unfortunately, this is happening more and more since the anti-dowry laws have been made which are so ridiculous. Females get the credit of being innocence from our society even if they are not. All they need to do is be 1. somewhat beautiful, 2. sob in society and 3. be young and everybody on the earth thinks that they are "poor , innocent girl" ..even if they are perfect culprits.
tattoo Fun derrick rose funny.
test101
07-06 05:46 PM
Ok here I go again in this Chicken and Egg situation......
Now that someone filed a lawsuit to invalidate the July VB, which BTW is still CURRENT.......it could invalidate the CURRENT sttatus....of all Eb categories....precisely what DOS USCIS wants....
My head is spinning.......Beer anyone?
join the club...news make no sence at all.
Now that someone filed a lawsuit to invalidate the July VB, which BTW is still CURRENT.......it could invalidate the CURRENT sttatus....of all Eb categories....precisely what DOS USCIS wants....
My head is spinning.......Beer anyone?
join the club...news make no sence at all.
more...
pictures derrick rose team usa. for
perm
07-20 04:05 PM
top 20 states to MOVE IN in USA for legal immigrants
Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea
Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea
dresses Derrick Rose: Reverse Jam
hydubadi
03-04 02:13 PM
Hello All,
NSC --> EB2 I Oct 2006 -->485 June 2007 filer --> LUD on mine 03/03/2009 --LUD and RFE on my wifes 03/04/2009 (RFE email from USCIS says: Current Status: Request for Additional Evidence Sent not sure what it evidence they need, recently we have made name change amendment on EAD for my wife, I am assuming it should be related to that, will wait and see till we can hard copy of RFE)
Thanks,
Hope we all get our GC soon!!!
NSC --> EB2 I Oct 2006 -->485 June 2007 filer --> LUD on mine 03/03/2009 --LUD and RFE on my wifes 03/04/2009 (RFE email from USCIS says: Current Status: Request for Additional Evidence Sent not sure what it evidence they need, recently we have made name change amendment on EAD for my wife, I am assuming it should be related to that, will wait and see till we can hard copy of RFE)
Thanks,
Hope we all get our GC soon!!!
more...
makeup derrick rose dunk on dragic.
raju123
06-01 04:00 PM
This might be useful to you.
Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"
The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.
Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.
Example 1
The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.
Example 2
Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.
Example 3
Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.
Example 4
Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.
Example 5
Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.
Example 6
Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.
For more information about "Age Out", please click the following topics:
What is "Age Out"
Child Status Protection Act
If you are a USC, does CSPA prevent your child from "aging out"?
If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
Age Out Problems in Employment-Based Immigration
Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
Child of Asylee and Refugee
Unmarried Sons or Daughters of Naturalized Citizens
Effective Date of the CSPA
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"
The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.
Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.
Example 1
The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.
Example 2
Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.
Example 3
Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.
Example 4
Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.
Example 5
Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.
Example 6
Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.
For more information about "Age Out", please click the following topics:
What is "Age Out"
Child Status Protection Act
If you are a USC, does CSPA prevent your child from "aging out"?
If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
Age Out Problems in Employment-Based Immigration
Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
Child of Asylee and Refugee
Unmarried Sons or Daughters of Naturalized Citizens
Effective Date of the CSPA
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
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ragz4u
03-08 10:28 AM
This is the right link. It is very clear today. Interesting discussion.
Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame
Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame
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GCapplicant
08-14 12:34 PM
I read in one of the Ron's post -CHc trying to stop even small immigration bills which has no amesty in it.So even the nurse recapture bill is at stake.
So ,I'm sorry -I beleive no one will even touch our case.Apply in EB2 port PD or get new PD either will be helpful .But seeing new backlog for I 140 its terrible.
I might apply for Canadian GC-Having kids here ,man they are adapted to this country living.That's the only thing bothering - kids future.
So this bill this year is at stake for sure.No one cares ...including change-what change there woudnt be any change in new party too.Its all drama going.I lost the trust.Its as if EB3 is not educated.
I'm just wondering-Will this problem be there if it were for ROW-or is it our color...that they dont want to aid.It's sure racism.
How many EB3 are there in total...Who asked them to flood the applications last year? :mad:
Its bloody hell out here.no wonder some people become saddist later half ...who woudnt when they are treated like this from begginning.
Now I have to hate myself applying in EB3.:rolleyes:
EB2 guys have been diverted from participating in any campaign now.so no bothering congressmen.
I have mailed to Senator Menendez -NJ thanking him for introducing the new bill and to do the needful.So far no news.
So ,I'm sorry -I beleive no one will even touch our case.Apply in EB2 port PD or get new PD either will be helpful .But seeing new backlog for I 140 its terrible.
I might apply for Canadian GC-Having kids here ,man they are adapted to this country living.That's the only thing bothering - kids future.
So this bill this year is at stake for sure.No one cares ...including change-what change there woudnt be any change in new party too.Its all drama going.I lost the trust.Its as if EB3 is not educated.
I'm just wondering-Will this problem be there if it were for ROW-or is it our color...that they dont want to aid.It's sure racism.
How many EB3 are there in total...Who asked them to flood the applications last year? :mad:
Its bloody hell out here.no wonder some people become saddist later half ...who woudnt when they are treated like this from begginning.
Now I have to hate myself applying in EB3.:rolleyes:
EB2 guys have been diverted from participating in any campaign now.so no bothering congressmen.
I have mailed to Senator Menendez -NJ thanking him for introducing the new bill and to do the needful.So far no news.
GCard_Dream
07-06 05:57 PM
You may have to hit refresh in your browser to see it. Give it a try.
I dont see anything about the law suit on OH site.
I dont see anything about the law suit on OH site.
ebizash
07-24 08:05 PM
If somebody is sending this letter, please do not send it without taking care of word-suggested corrections. There are too many green lines, most of the times because of spacing between two words.
OP - My intention is not to offend you but to point out the need for improvement in the document.
OP - My intention is not to offend you but to point out the need for improvement in the document.
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