go_guy123
02-24 10:03 AM
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Your PD was in 2006. The GC problems had started surfacing and it was clear without a relief it would only get worse. If you have EAD you are better off otherwise no point in waiting at all.
The question is about having good understanding the US politics and that will give you an idea of how realistic are the chances of EB relief in future.
I feel eventually it will be fixed. But not before it is completely broken and companies really take a hard look at it and seriously lobby for a reform and a workable solution.
The H1B is now broken but perhaps not broken enough...so there will be couple of months/years of more misery.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Your PD was in 2006. The GC problems had started surfacing and it was clear without a relief it would only get worse. If you have EAD you are better off otherwise no point in waiting at all.
The question is about having good understanding the US politics and that will give you an idea of how realistic are the chances of EB relief in future.
I feel eventually it will be fixed. But not before it is completely broken and companies really take a hard look at it and seriously lobby for a reform and a workable solution.
The H1B is now broken but perhaps not broken enough...so there will be couple of months/years of more misery.
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imv116
07-19 01:39 PM
what are we grouping for?
-imv116
-imv116
saimrathi
06-06 04:04 PM
Hello,
My Labor was certified this week from PBEC. My PD is Mar '05. Is Premium filing for I-141 advised?
My Labor was certified this week from PBEC. My PD is Mar '05. Is Premium filing for I-141 advised?
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freakin_gc
12-29 03:05 PM
will someone will please explain my RFE in lay man words
Thanks
The labor certification submitted in support of your petition indicates that the minimum education requirement is "bachelor's degree in computer science, compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent".It is noted that the beneficiary received a 3 year bachelor's degree in Mathementics.
However, the term "euivalent" is not defined. Please provide documentary evidence to establish the definition of "equivalent" as it was defined in your labor certification process. Such evidence may include , but is not limited to, a statement from the dol explaining the interpretation of the term as certified, copies of the petioner's recruitment documentation and/or evidence that no U.S. applicant's for the position who posses the same or similar qualification as the beneficiary wer disqualified from selection
Thanks
Thanks
The labor certification submitted in support of your petition indicates that the minimum education requirement is "bachelor's degree in computer science, compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent".It is noted that the beneficiary received a 3 year bachelor's degree in Mathementics.
However, the term "euivalent" is not defined. Please provide documentary evidence to establish the definition of "equivalent" as it was defined in your labor certification process. Such evidence may include , but is not limited to, a statement from the dol explaining the interpretation of the term as certified, copies of the petioner's recruitment documentation and/or evidence that no U.S. applicant's for the position who posses the same or similar qualification as the beneficiary wer disqualified from selection
Thanks
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485Mbe4001
07-20 06:35 PM
dont forget the fact that EAD and AP are issued for 12 months, you have to renew each year. It is recommended that you apply for EAD/AP renewal at least 180-90 days in advance to prevent periods where your current EAD has expired while you wait for the renewed one...welcome to the new nightmare, someone did say something about the grass been green on the other side..now that we are on the other side we wait for 485 to be current while we renew EAD/AP each year, fingerprint every 15 months and aviod the namecheck black hole...maybe this is what they(uscis) wanted after all...a steady income stream...good luck :)
July filers SCREAMED for the right to simultaneously file after the government realized they had to reneg on their bulletin precisely because they could NOT cope with these numbers. AILA screamed that it had to do it or they would sue.
Well it's done. Happy now?
......
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
July filers SCREAMED for the right to simultaneously file after the government realized they had to reneg on their bulletin precisely because they could NOT cope with these numbers. AILA screamed that it had to do it or they would sue.
Well it's done. Happy now?
......
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
h1techSlave
04-12 03:41 PM
Sole Proprietorship: Simplest form; but riskiest. Is you individually doing business under either your name or a trade name. Very little paperwork is required. Taxes are reported on your personal return. Profits are loss comes out of your own pocket.
You will face unlimited personal liability and creditors can often go after personal assets. You may be ineligible for tax-free fringe benefits that are available to more formal businesses.
Partnership: General partnership � Creditors can collect from all partners� assets as well from business assets.
Limited partnership � partners who do not directly participate in the business can limit their risk.
Corporation: For large businesses. Creditors cannot collect from the personal assets of owners (share holders). Complex legal paperwork is needed.
Taxed on income before profits are distributed.
S corporation � pass thru taxation like they are partnerships. Limits on non-citizen share holders.
C corporation � pay tax at both corporate and shareholder level.
Limited liability company (LLC): A partnership in the eyes of IRS � profits are taxed only once in the member�s personal returns. It shields members� personal assets from business creditors.
When forming an LLC, you are required to file a limited liability company certificate with the Secretary of State and an internal organization agreement (Operating Agreement).
Limited liability company - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Limited_liability_company)
You will face unlimited personal liability and creditors can often go after personal assets. You may be ineligible for tax-free fringe benefits that are available to more formal businesses.
Partnership: General partnership � Creditors can collect from all partners� assets as well from business assets.
Limited partnership � partners who do not directly participate in the business can limit their risk.
Corporation: For large businesses. Creditors cannot collect from the personal assets of owners (share holders). Complex legal paperwork is needed.
Taxed on income before profits are distributed.
S corporation � pass thru taxation like they are partnerships. Limits on non-citizen share holders.
C corporation � pay tax at both corporate and shareholder level.
Limited liability company (LLC): A partnership in the eyes of IRS � profits are taxed only once in the member�s personal returns. It shields members� personal assets from business creditors.
When forming an LLC, you are required to file a limited liability company certificate with the Secretary of State and an internal organization agreement (Operating Agreement).
Limited liability company - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Limited_liability_company)
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Ramba
10-21 04:07 PM
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
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Gravitation
12-05 03:40 PM
I'm getting MBA from Babson College in MA (top25). The total cost is $60K in just tuition. My employer pays appx. half of it.
It's a huge investment of not just money but time as well. You have no life for three years.
It's very rewarding to learn so many different subjects: Economy, Marketing, Accounting, Law, Leadership, Finance, Technology management, Organizational Behavior. I reach classes tired but come out fresh. It really broadens one's thinking.
I got my B. Tech. from India. It's great to have American Classroom experience.
Great Networking.
I still have 30 years of professional life ahead of me to use knowledge/expertise gained from MBA. I wouldn't trade this experience for anything.
Due to demographic shift in US, large shortage of middle-management is expected in coming decades. MBA can provide a real leg-up in career advancement.
At the same time... I can totally see when some people just go through the motions to get their MBA and do nothing with it. Don't approach it like just a degree. If you are committed to learning new skills, using them and improving yourself just a little everyday... Go for MBA.
Also, don't expect big bucks immediately following MBA. Class knowledge , combined with some experience afterwards will actually provide super returns. Most of the studies that look at salary increment right after MBA will come up with -v e RoI.
In a nutshell, there are many factors to consider in a decision about getting an MBA degree; tuition expense is not the biggest one. If you have any desire to get MBA, don't let others dissuade you.
It's a huge investment of not just money but time as well. You have no life for three years.
It's very rewarding to learn so many different subjects: Economy, Marketing, Accounting, Law, Leadership, Finance, Technology management, Organizational Behavior. I reach classes tired but come out fresh. It really broadens one's thinking.
I got my B. Tech. from India. It's great to have American Classroom experience.
Great Networking.
I still have 30 years of professional life ahead of me to use knowledge/expertise gained from MBA. I wouldn't trade this experience for anything.
Due to demographic shift in US, large shortage of middle-management is expected in coming decades. MBA can provide a real leg-up in career advancement.
At the same time... I can totally see when some people just go through the motions to get their MBA and do nothing with it. Don't approach it like just a degree. If you are committed to learning new skills, using them and improving yourself just a little everyday... Go for MBA.
Also, don't expect big bucks immediately following MBA. Class knowledge , combined with some experience afterwards will actually provide super returns. Most of the studies that look at salary increment right after MBA will come up with -v e RoI.
In a nutshell, there are many factors to consider in a decision about getting an MBA degree; tuition expense is not the biggest one. If you have any desire to get MBA, don't let others dissuade you.
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Saralayar
01-03 05:40 PM
I also got email confirmation today for AP document mailed on Jan3.
I filed on Aug 7 or 8th.
db
I also got the same message. But it says document mailed and not as Travel Document approved. What does this mean?. IS the AP approved or any RFE on the AP??:confused:
I filed on Aug 7 or 8th.
db
I also got the same message. But it says document mailed and not as Travel Document approved. What does this mean?. IS the AP approved or any RFE on the AP??:confused:
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Milind123
09-13 10:58 PM
For all those people who are gun shy, let me assure you, it does not harm anybody. On the contrary it is helpful to all of us. Please consider pulling the trigger. The fund drive that is happening today is not the last drive; as long as we are active, their will always be fund drives. Maybe you are thinking of contributing after seeing the effects/results of Sept 18th. In that case, I urge you to contribute now to get the maximum bang for your buck. Think about the Macy�s firework in New York. It will be rather boring to see them light one fire work each night during the month of July, just because funds did not arrive in time or were slow to arrive. Sept 18th is our 4th of July. Please make your contributions esp. if this is your first time. Contribute so IV can pay for all the items in their list and make this firework really bright.
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amitjoey
07-05 05:09 PM
called CA senators, as I am outa state they said they are not entertaining outa state calls at this point...huh!!
They only do this when call volume is high....Does this mean at least CAlif guys are calling..
Go IV go@@
Call your state senators, it is effective that way.
They only do this when call volume is high....Does this mean at least CAlif guys are calling..
Go IV go@@
Call your state senators, it is effective that way.
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a2006
07-05 03:21 PM
It is always an option for any one with in their org, but if his point is wrong, then IV core leadership should prove him that they are not sitting idle or moving very very slow.
Every one starting their own organization or asking to do so doesn't solve the purpose.
Why cant he start an initiative and take it to completion and show everybody that he can do something. IV is for everybody just complaining wouldn't take us far. :confused:
Every one starting their own organization or asking to do so doesn't solve the purpose.
Why cant he start an initiative and take it to completion and show everybody that he can do something. IV is for everybody just complaining wouldn't take us far. :confused:
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bkam
04-25 09:45 PM
Dear Knnmbd,
It seems to me you do not understand the difference between taxes and Social Security / Medicare.
With my taxes I pay for (example) roads, police, courts, public TV and so on. And I use what I pay for (another nice example is when the police paid by me catches me with high speed and fines me :-)
SS and Medicare are future services which I would not use while I am on H1/L1 or if I do not get permanent residence by some reason. This is my money which the US government has compulsory taken from me and I have not used it. So, I have the right to get this money back and use it for my eventual retirement in another country.
We do not change the law of the land to benefit us, we just do not want to be cheated and treated like retarded.
The real ridiculous stuff is the way the government agencies are treating the legal immigrants but nobody in the "great" country care to notice that, especially the law-makers.
It seems to me you do not understand the difference between taxes and Social Security / Medicare.
With my taxes I pay for (example) roads, police, courts, public TV and so on. And I use what I pay for (another nice example is when the police paid by me catches me with high speed and fines me :-)
SS and Medicare are future services which I would not use while I am on H1/L1 or if I do not get permanent residence by some reason. This is my money which the US government has compulsory taken from me and I have not used it. So, I have the right to get this money back and use it for my eventual retirement in another country.
We do not change the law of the land to benefit us, we just do not want to be cheated and treated like retarded.
The real ridiculous stuff is the way the government agencies are treating the legal immigrants but nobody in the "great" country care to notice that, especially the law-makers.
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srgadi
07-15 08:46 PM
Done. $10 for the two of us :)
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pictures Wolf Tattoo Gallery
reddysn
06-04 02:12 PM
Veni
I guess you are also speculating .. When people read the notes from aila (point 4) ,people do speculate till it becomes or does not become law.
http://www.aila.org/content/default.aspx?docid=22481
It is really tricky to come up with a deadline for EB employment. US is set of laws and the law is same for every one it applies. for example:If you not from a retrogressed country you will get your GC even if you start now (before enactment of this bill).
Please know the difference between bill and law. If ever this particular bill becomes law the deadline for any cases filed under previous law will not be rejected, this is as clear as mud, to make the law same for all who applied/pending /approved on the day of enactment!!.:eek:
I guess you are also speculating .. When people read the notes from aila (point 4) ,people do speculate till it becomes or does not become law.
http://www.aila.org/content/default.aspx?docid=22481
It is really tricky to come up with a deadline for EB employment. US is set of laws and the law is same for every one it applies. for example:If you not from a retrogressed country you will get your GC even if you start now (before enactment of this bill).
Please know the difference between bill and law. If ever this particular bill becomes law the deadline for any cases filed under previous law will not be rejected, this is as clear as mud, to make the law same for all who applied/pending /approved on the day of enactment!!.:eek:
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ganguteli
03-12 02:29 PM
I do not support this donor ONLY idea.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
Is reddog the new browncow? :D:p;)
Dint you read that 5K will get us the data in more than 1 year. Do you want to wait for one year.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
Is reddog the new browncow? :D:p;)
Dint you read that 5K will get us the data in more than 1 year. Do you want to wait for one year.
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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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pani_6
08-13 06:35 PM
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Munna Bhai
07-06 12:11 PM
The Visa Bulletin for July 2007 must be read in conjunction with the Update of July Visa Availability.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
I don't know why they changed it suddenly.
This is too confusing, it looks like USCIS is going crazy.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
I don't know why they changed it suddenly.
This is too confusing, it looks like USCIS is going crazy.
gsc999
09-10 03:19 PM
Thanks for contributing!
skillet
06-18 11:14 AM
I filed my labor on Feb 5th and still in processing. My lawyer has opened an enquiry but so far no response. I read this in the Immigration -law site:
As to the problem of Atlanta National Service Center delays, there were rush of H-2B case filings and that Center had to switch around the resources from PERM to H-2B cases. However, the situation is under control and the Atlanta Center will see positive changes from here on in terms of the processing times. There are aware that in light of the immigrant visa number changes in July 2007, such changes should help in achieving some level of fairness.
Hope something works out quickly before we miss the bus. I am planning to send an email or request to my Senator. Any ideas on this?
Thanks
As to the problem of Atlanta National Service Center delays, there were rush of H-2B case filings and that Center had to switch around the resources from PERM to H-2B cases. However, the situation is under control and the Atlanta Center will see positive changes from here on in terms of the processing times. There are aware that in light of the immigrant visa number changes in July 2007, such changes should help in achieving some level of fairness.
Hope something works out quickly before we miss the bus. I am planning to send an email or request to my Senator. Any ideas on this?
Thanks
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