GCVir
07-28 08:36 PM
Age Out Issue for filing I-485: Gurus, please advise me on the age out issue of my son.
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
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heywhat
10-08 01:15 AM
I got my I140 approved in just 3 months (filed in Jul'08 and approved in oct'08) .. My I140 was filed in EB2 at NSC...
add78
06-13 11:03 AM
You just paid without exposing your financial information.
$ 100
Receipt ID: 5190-9283-7820-4961
An email with your order summary has been sent to ashokmohanrajes
Thanks my friend.
You finally posted the details!!!!
$ 100
Receipt ID: 5190-9283-7820-4961
An email with your order summary has been sent to ashokmohanrajes
Thanks my friend.
You finally posted the details!!!!
2011 Flies time the cropped to of
GCInThisLife
07-18 03:03 PM
You mean notice date? If your application is physically reached NSC on June 15th your receipt date should be around it. It makes sense for notice date getting delayed. However, your processing would be done based on RD only.
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
more...
eb3_nepa
04-25 02:51 PM
I just wanted to bring it to the table...I think all of us have the right to voice our opinion & looks like we all have in the case. Now it should be upto the IV to take it or leave it. They are the leaders in this initative & let them make the final call on if it needs to be part of our agenda or not. Thanks
I agree with u rajeev. Ideas are always welcome, u never know what u may learn. Guys pls treat these threads as information and debate with enthusiasm. If you dont like something being said then tell the forum why u feel differently. Unless it is something totally ridiculous and off topic, we shud allow different ideas and discussions. If someone here feels it is a waste of time, then dont read that thread. :)
I agree with u rajeev. Ideas are always welcome, u never know what u may learn. Guys pls treat these threads as information and debate with enthusiasm. If you dont like something being said then tell the forum why u feel differently. Unless it is something totally ridiculous and off topic, we shud allow different ideas and discussions. If someone here feels it is a waste of time, then dont read that thread. :)
desibechara
01-03 01:18 PM
I also got email confirmation today for AP document mailed on Jan3.
I filed on Aug 7 or 8th.
db
I filed on Aug 7 or 8th.
db
more...
MDix
03-03 11:09 AM
Not much movement.
EB2-I : 15 August 2004
Eb3-I : Either U or 15 Jan 2002.
Thank's
MDix
EB2-I : 15 August 2004
Eb3-I : Either U or 15 Jan 2002.
Thank's
MDix
2010 too learned followed tsetse
EndlessWait
07-24 04:19 PM
After all sardarji can make a joke:D
stop making sterotypical comments.
stop making sterotypical comments.
more...
chanduv23
05-14 12:28 PM
Congressman's liason may be able to help, but to be on the safe side, fork out $350 and dispute the denial in federal district court. It is different from mandamus, it's an agency action which is not in accordance with the law. Court filing may help you to preserve status/EAD/AP.
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
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chanduv23
09-12 11:53 AM
We won't know if it effective unless we execute it, which is the biggest issue with us "the execution".
So far as locating old PDs are concerned, it USCIS knows it exists and if there is willinglness, they can dig it out from anywhere.
On the other hand , if this not fixed then even if there are 200K extra visas, the sufferings will persist.
True - it has to be fixed. We must send a strong signal. Otherwise, they will ignore old PDs, look at wikipedia, alipac etc.... to adjujicate cases
So far as locating old PDs are concerned, it USCIS knows it exists and if there is willinglness, they can dig it out from anywhere.
On the other hand , if this not fixed then even if there are 200K extra visas, the sufferings will persist.
True - it has to be fixed. We must send a strong signal. Otherwise, they will ignore old PDs, look at wikipedia, alipac etc.... to adjujicate cases
more...
forever
07-23 06:31 PM
This is aboslutly not possible; he/she is trying to fool every one.
I think you are unnecessarily suspecting her posting. Retrogression kicked in Oct 2005 bulletin. So it is possible for her to apply in Feb 2005. I know for sure some people got their GC with similar priority dates. I think this whole immigration crap is turning everyone into cynical.
I think you are unnecessarily suspecting her posting. Retrogression kicked in Oct 2005 bulletin. So it is possible for her to apply in Feb 2005. I know for sure some people got their GC with similar priority dates. I think this whole immigration crap is turning everyone into cynical.
hot the fly and cattle data.
mps
03-04 01:22 PM
Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
Hi gcisa*:
I have not seen any LUDs on my case either.
Status is same as yours.
That shouldn't be a big deal, as I have seen some approvals with no LUDs at all.
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
Hi gcisa*:
I have not seen any LUDs on my case either.
Status is same as yours.
That shouldn't be a big deal, as I have seen some approvals with no LUDs at all.
more...
house Deer Fly Traps
Keeme
08-14 03:53 PM
This is what will help us to clear backlog ! Wanted to post it few days back when news came from UK they wanted to bring more immigrants as one of solution to get their economy back on track.
Guys, IF any thing may come as 'rescuer' this year and help us to come out from this backlog and move the dates forward in next year visa bulletins, that would be 'current economy and housing market situation'. IF any thing can convinced Congress to clear visa recapture bill this year, it would be only 'current housing market situation'. To get the economy back on track next year, housing market has to be improved and its not happening !
EB3 guys - Just hang on ! Good news are on your way !
Guys, IF any thing may come as 'rescuer' this year and help us to come out from this backlog and move the dates forward in next year visa bulletins, that would be 'current economy and housing market situation'. IF any thing can convinced Congress to clear visa recapture bill this year, it would be only 'current housing market situation'. To get the economy back on track next year, housing market has to be improved and its not happening !
EB3 guys - Just hang on ! Good news are on your way !
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makemygc
07-06 01:04 PM
He is trying to spin a news and get a answer of his comfort. Guyz never stop :)
Or may be he is in some mental shock and need some..you know what.
Or may be he is in some mental shock and need some..you know what.
more...
pictures TSETSE AND TRYPANOSOMIASIS
smuggymba
08-12 12:58 PM
Well said ..I totally agree with you....they would get their $400 million instantly..
I think the companies will slightly increase the billing rate, cut down on some expenses and bite the bullet to some extent.
Schumer is clear - he wants the money, he doesn't want Infy, TCS to leave USA.
I think the companies will slightly increase the billing rate, cut down on some expenses and bite the bullet to some extent.
Schumer is clear - he wants the money, he doesn't want Infy, TCS to leave USA.
dresses eater hang has fly know i
mirage
08-21 08:03 AM
Guys Please send this out. It'll take 20 minutes and less than $2 of postage stamps...
------------------------------------------------------------------------
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
------------------------------------------------------------------------
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
more...
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JunRN
09-28 01:37 PM
It is not even considered yet and I don't think it will ever be considered. That amendment includes not only schedule A but also others and with proposal to increase the number as well.
How could it pass if it's carrying heavy-baggage, it won't move!!!
How could it pass if it's carrying heavy-baggage, it won't move!!!
girlfriend And fly starting explorers
TeddyKoochu
12-10 07:28 PM
I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....
I think with a little luck you may cross the line this year, it maybe a close shave or a diving effort, all the best and best wishes. Maybe 2010 is the year for you.
I think with a little luck you may cross the line this year, it maybe a close shave or a diving effort, all the best and best wishes. Maybe 2010 is the year for you.
hairstyles loose waned in tsetse most
imv116
07-15 08:38 PM
Let�s wait until tomorrow to see the outcome of the big announcement. Based on the outcome lets plan a rally around LA downtown City hall on Saturday 21st July, 2007.
I stay close to downtown and I can co-ordinate all the activities. I can do the conference call or some one among us can co-ordinate to do that.
Any help from San Jose chapter members would be great.
-imv116
I stay close to downtown and I can co-ordinate all the activities. I can do the conference call or some one among us can co-ordinate to do that.
Any help from San Jose chapter members would be great.
-imv116
marwan234
08-24 01:07 PM
My wife is on H4, i'm on H1B. She applied for DL renewal and was renewed for 1 yr.
They accepted visa, passport, i-94, and H4 renewal receipt notice.
They gave her one year from receipt notice.
What a relief. i was worried they would not accept it.
That was in Sterling VA DMV.:)
They accepted visa, passport, i-94, and H4 renewal receipt notice.
They gave her one year from receipt notice.
What a relief. i was worried they would not accept it.
That was in Sterling VA DMV.:)
hydboy77
08-12 02:09 PM
aiming london shooting tokyo, thats exactly what this bill is doing. The vast majority of nonsense is created by small "con"sulting companies, i.e shell companies with less than 50 employees. Infact Schummer if he wanted a solution for h1b missue should have gone after these small "con"sulting companies rather than real multi national companies like infosys,tcs, wipro etc. I am not a fan of this bill but if you going to put restrictions on h1b do it the right way. it is these small "con"sulting companies with less than 50 employees that did illegal things like selling approved labor until using approved labor was abolished, it is these small "con"sulting companies which work on 80 20 model which are bringing disrepute to h1b and people working on h1b. by putting this rediculous rule which says only comapnies having more than 50 employess will be targetted by this law schummer inadvertently is encouraging the setup of more "con"sulting companies. The vast majority of green cards issued in the last 5 years (may be as hight as 80% of green cards) have been issued to the "con"sultants" working in these "con"sulting companies. People working in fortune 500 companies abide by all rules like it is the job responsibily which determines eb1, eb2 or eb3 and not your educational qualifications and therefore i have seen phd recepients applying in eb3 whereas the "con"sultants working in these "con"sulting companies who have sometimes b.sc bcom or btech degrees applying in eb2 by faking experience to show 5 years requirement, they work in SAP but they advertise the position as someone needing java or any programming experience. this is outright lying, how can people working in fortune 500 and legitemate companies complete with these "con"sultants and these "con"sulting companies with less than 50 employees for green cards.
For green card reform the biggest culprit is per country limit\quota, the above issue is small compared to the country quota but it still needs to be solved.
before somebody says illogical things like crab dragging another crab down etc etc, let me tell you something all i am saying is everybody should play by the rules, "con"sulting companies especially with less than 50 employees and the "con"sultants who work there are the ones which have brought disrepute to the h1b profession by indulging in labor selling and buying, applying for eb1, eb2 irrespective of job requirements and flouting the rules, for the most part big It majors infy, wipro etc did not indulge in these illegal activities.
For green card reform the biggest culprit is per country limit\quota, the above issue is small compared to the country quota but it still needs to be solved.
before somebody says illogical things like crab dragging another crab down etc etc, let me tell you something all i am saying is everybody should play by the rules, "con"sulting companies especially with less than 50 employees and the "con"sultants who work there are the ones which have brought disrepute to the h1b profession by indulging in labor selling and buying, applying for eb1, eb2 irrespective of job requirements and flouting the rules, for the most part big It majors infy, wipro etc did not indulge in these illegal activities.
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