Thursday, June 16, 2011

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  • grimus
    07-20 08:23 AM
    Any more news on this? anyone please.




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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...




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  • leo2606
    09-28 09:45 PM
    Make sure your script set the issue date 3 or 4 years in the past, we can apply citizenship soon.:D


    LOL. :) If I am a volunteer as an IO, I would get the names of all IV members, write a small script to approve their GCs, make sure the cards are delivered to the members, and immediately resign my job. :D

    Regards,
    IK




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  • addsf345
    11-13 08:21 PM
    This contradicts with the fact that many reported on IV. Ron says that one can continue employment on EAD. EAD stays valid atleast till the legally allowed time to file for an appeal, and once you file appeal, it stays active till it adjudicated.

    However many ppl reported that they had to leave job due to 485 revocation. What is the truth???? Any one?

    URL: http://boards.immigration.com/blog.php?b=34

    AOS Pending, Should H-1 be Renewed by Rajiv S. Khanna

    whether an H-1 should be renewed while the AOS is pending.

    ---------------------------------------
    Bottomline - I think H-1 should be renewed.

    A little more info: A few months ago, I used to feel strongly that AOS applicants should keep their H-1 active for several reasons. Two of these are:

    One, EAD issuance was erratic and CIS had discontinued issuance of interim EAD's (that is, if in 90 days your EAD is not issued, you could walk with a infopass appointment to your local CIS office and get an EAD). Thus, EAD's were unreliable and given for only a year. You could have interruptions in your work.

    Two, if your AOS were to be denied (even in error), you would have no way to work, because the EAD goes with the AOS. And since there is no appeal against AOS denial, only an MTR can be filed. While the MTR is pending, you are not given a work authorization (as of now, July 2008). In addition, you would not be able to get n H-1 extension beyond the original six years because nothing is pending and "final action" has been taken on your green card. This could result in a situation that can be very dangerous. You do not have an H-1, a pending MTR gives you no legal status to sty in the US. Not only can you not work, you are deportable and you are accruing illegal presence even though the MTR is pending.

    While CIS has done well to eliminate the first concern by reinstating the interim EAD issuance policy, the second concern still bothers me. While erroneous denials are few an far between (thank heavens), they do, nevertheless, occur. So, just maintain your peace of mind by keeping your H-1 active. That is my opinion. Reasonable people can easily argue against this and perhaps, their points of view may be just as valid.

    All the above holds true, whether or not you intend to use AC21 portability. :confused: :confused: :confused: :confused: :confused:



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  • dan19
    04-12 09:24 AM
    avis....

    contact them immediately. they had issued a notice sometime back about the 45 day letter. if you haven't received it, your case might be lost. so call them ASAP

    My PD is Dec 2002. Still waiting for the 45 day letter.
    Dallas Backlog Center




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  • Edison99
    09-01 08:54 PM
    Since Jan 2000

    Let us see who is waiting for most time in USA.

    5 years and counting.

    If you can tell your history of Green card and any tip on applying early would appreciate.



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  • rockstart
    07-11 08:30 AM
    I agree looks like CIS is getting its act together. but with such a big jump in dates. We will see random approvals like May 2006 before July 2004 etc.

    Is this big jump for EB2 due to overflow from other categories? Is this as a result of awareness around visa wastage?




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  • pappu
    09-09 09:01 PM
    Pappu,

    I work at NPR and joined recently. I am going to work with my manager next week and convince them to get coverage for our rally.

    That will be wonderful. Thanks



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  • ItIsNotFunny
    03-12 11:15 AM
    Dear ItIsNotFunny,

    For committed people like you, we can request IV core for some special consideration.

    But I support this initiative. Just see the FOIA thread. We could not even pool up 5K and there are at least 5000 members out of which at least 500 active users.

    Unless there is some intiative like this, it will be impossible for pushing any lobbying activities. There are many people who wants every thing free.

    I support IV

    I support the idea. Its just market is bad and people may not be able to contribute so regularly.




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  • reachag
    12-19 08:39 AM
    Senator sessions was the key due to the lame duck session rules but going forward as i understand a majority can pass the bill..not ever one need to vote for the bill.

    Money would help core do activities like setting up the web site, faxes, going to DC, educating law makers...nothing comes free in this world.

    I am sure core team would like to post the account details on this web site and be done with it. And may be list down the number of hours and money they have spent from their personal accounts too. But there are some issues with that. We can always call them up for details if that is what is holding you from contributing. Its only a phone call away.



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  • GC Process
    12-04 05:01 PM
    Hi Jimi,

    I live in O.C as well. Lets connect! Send me an IM with your contact details.

    Thks!




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  • ItIsNotFunny
    09-17 05:27 AM
    I have done some ground work and am planning to start a company this week - my wife as owner. I have couple of other friends who have filed 485 in June.

    My goal for first couple of years is not to make profit but to increase turnover so it would be easier for me to present the company to big corporations and register as preferred vendor. I am planning to pay 96% of the rate to the employee. This way employee will get most of his / her rate without getting into opening their own corporation. At present I am working with attorney to finalize agreement with employee for this.



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  • JaisGCQuest
    06-23 05:17 PM
    Hi..

    I wud say its a brilliant thought and u shud go ahead and compile ideas and create a beautiful document. If nothing else it can be a good resource for others to read .

    What is America losing because of our prolonged wait for Green Cards?

    Money in the form of Taxes and more and more skilled labor :

    People in India now don't want to come on H1B's because they don't see any future in US anymore. They think instead of returning back after an unsuccesful dream of living in US they cud gather what they have currently and stay in India -- where they wud eventually have to settle later.

    Money in the form of Mortagages Property Investments -
    Indians mostly prefer to invest in good real estate properties atleast better than the other two dominant categories in US [ Hispanic and African - American ]. There will be a surge of better mortgage payers if the Indian population see a long term stay in US.


    Skilled Labor because most companies dont hire H1bs for additional cost factor to be given to USCIS . And even if some companies want to hire H1B people for cheap labor, these skilled labor are inclined to get greencards. Most companies dont do that or may be start the whole process too late because of the long queue and they think instead putting so much efforts to make this H1B guy permananent [ hassle free] they settle for lesser skilled labor with more salary who has a permanent residence/ citizenship because they are hassle free.


    Have to return back to work but ..will write more later.

    Thanks




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  • TO BE OR NO TO BE
    10-19 01:03 PM
    Hello,

    My wife's NJ license expired too and so was her EAD last month when we went for License renewal (Sept 2010). We had already applied for her EAD renewal which was in process a couple of days before we went.

    It was renewed till Feb of 2011.

    I would suggest you to take the following along with other stuff (to make up the 6-point ID):
    1. Whatever I-94 that is attached in your PP.
    2. Your expired EAD card.
    3. Your EAD renewal receipt.
    4. Just take along H-1B renewal receipt too (but it will not be of any help really).

    We went to Wayne DMV in Passaic county (NJ).

    Hope you get your license back soon.

    Hi

    I went to DMV this morning in Monmouth County, they reluctantly gave me a three months license till mid Jan 2011. I will have to wait till either EAD or H-1B to come back before that.

    Thank you very much!



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  • abhishek101
    07-20 05:36 PM
    All of us have to understand the Democrats are against all the legal immigrants. Sen Boxter and Feinstein have made it clear in their past statements that they oppose, any high skilled immigration.

    And the story is same across for all Democrats.

    So all of us have to pledge that we will be Republicans for life once we become citizens.




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  • amitjoey
    07-18 04:56 PM
    Questions about disclosure of funds.
    Please check this video for answers

    http://video.google.com/videoplay?docid=2115477102106333532&q=immigration+voice&total=149&start=0&num=10&so=0&type=search&plindex=0

    http://video.google.com/videoplay?docid=2115477102106333532&q=immigration+voice&total=149&start=0&num=10&so=0&type=search&plindex=0



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  • mirage
    04-02 01:16 PM
    Can somebody explain me why this disco guy and this Villamonte guy are even on this forum ??? We are sitting here for 9-10 years telling our folks in our home countries, I'll come in may, no probably july, no in july my papers goes for renewals,, may be Dec. no in Dec. tickets are too expensive and in March I have my project live date, may be next may oh no by then I'll have to send my papers for renewal.... well you know what, forget about me, you stay happy where you are and I live happily here....

    And these people are telling us USCIS is doing what they should be doing...




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  • ramus
    09-09 11:50 AM
    Thanks a lot.. Wish you could come to rally but understand your prior commitement...

    Thank you..



    Paypal contribution of $300. I cannot make it to the rally because of prior commitments. Thanks to all who are going to be at the rally in person.

    I feel good after making the contribution. Hopefully, several others will join this contribution drive and experience this good feeling first hand.

    Good luck to all.




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  • EternityInLimbo
    05-02 10:43 PM
    PD - Nov 2001, regular, EB2 - No 45 day letter yet - How about that ?

    PD Sept 2001, RIR EB2 (completed MD SWA Nov 2003 before going BEC), response confirmation filed Jan 2005, no further word... Just got my 10th-year H-1B extension approved.

    How's this for a sad, twisted case of one-upmanship!
    Almost glad for the company, but at the same time really sorry for it.

    I mentioned this in another thread, but I heard from my law firm that the Philly BEC was prioritizing resource allocation to entering cases into their system, rather than in reviewing (and approving) the cases...




    vegasbaby
    02-25 11:07 AM
    Guys/Gals,

    Put your hand on your heart and say ALLL IZZZZ WELLLL!!!!!!!




    gcformeornot
    01-05 08:19 PM
    I have been confused by some of the things Professor Wadhwa says -- being opposed to H1 visas and saying there are no shortages of engineers. I saw this video on Youtube which explained everything to me. He is acting like a true American -- like we should once we become citizens. He is advising America on how they can stay competetive -- like all of us want for this great country. But he is also saying that the real solution is for America to welcome immigrants as permanent residents rather than on temporary visas.

    Now I understand his message -- if you want to bring in the best from all over the world, bring them here on green cards -- not H1 visas. I also read one of his interviews where he said he was concerned about how H1 workers were taken advantage of and how they lived in immigration limbo. He really does care about doing what is right for all of us.

    I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.

    Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY

    Gayatri

    Its completely conflicting. I think somebody edited it to suit themselves. There are contracdictions everywhere.



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