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
wallpaper quotes on girls being jealous
sirinme
09-10 05:33 PM
Just contributed $100 via Google Checkout. Can't make it in person to the rally, but thanks & best wishes to everyone involved.
nirenjoshi
03-09 06:03 PM
Added info about April VB to past VBs table.
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
The way dates are moved doesn't seem to have any fact based intelligent logic.
Thanks.. I was about to create a table myself based on the archived bulletins..
However, there isnt much to infer - as you say there doesnt seem to be any logic in the movement of dates. The lack of transparency is quite frustrating.:mad:
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
The way dates are moved doesn't seem to have any fact based intelligent logic.
Thanks.. I was about to create a table myself based on the archived bulletins..
However, there isnt much to infer - as you say there doesnt seem to be any logic in the movement of dates. The lack of transparency is quite frustrating.:mad:
2011 sad love quotes for girls. sad
tinamatthew
07-22 08:29 PM
Tina,
I had started a healthcare thread previously and it got poor response. Eventually we created an iv-physicians chapter to track our issues and work with the core team on the overall goals of ending retrogression.
There are a number of efforts on to help Schedule A applicants, some of these are parts of more comprehensive efforts like Cornyn's recent amendment.
I suggest you organize the Schedule A folks into a group. IV is very happy to work with any group that takes responsibility for their own needs.
See this blogspot we are creating to increase awareness of physician shortages and problems: http://iv-physicians.blogspot.com/
If you do form a group, try to expand it by bringing members in from outside iv as well- this would also expand iv's membership base.
I will be happy to help you with anything you need based on our experience with iv-physicians so far.
All the best!
Paskal
Thank you so much for your encouragement. We are hoping more people will join. If there is anything you can share to help improve us, please pm me and I will be very happy to take it on board.
Schedule A professionals need as much help as possible
I had started a healthcare thread previously and it got poor response. Eventually we created an iv-physicians chapter to track our issues and work with the core team on the overall goals of ending retrogression.
There are a number of efforts on to help Schedule A applicants, some of these are parts of more comprehensive efforts like Cornyn's recent amendment.
I suggest you organize the Schedule A folks into a group. IV is very happy to work with any group that takes responsibility for their own needs.
See this blogspot we are creating to increase awareness of physician shortages and problems: http://iv-physicians.blogspot.com/
If you do form a group, try to expand it by bringing members in from outside iv as well- this would also expand iv's membership base.
I will be happy to help you with anything you need based on our experience with iv-physicians so far.
All the best!
Paskal
Thank you so much for your encouragement. We are hoping more people will join. If there is anything you can share to help improve us, please pm me and I will be very happy to take it on board.
Schedule A professionals need as much help as possible
more...
gctest
09-15 05:23 PM
Here is the form you can fill out to express support:
http://spreadsheets.google.com/viewform?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en
View the read only document here:
http://spreadsheets.google.com/ccc?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en
http://spreadsheets.google.com/viewform?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en
View the read only document here:
http://spreadsheets.google.com/ccc?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en
rav
02-06 09:36 AM
:) Good to know that PBEC is processing JUN 2002 priority date,
But , i have not received my 45 date letter still.
All i know is my case is in the system, i got this info from my lawyer.
But , i have not received my 45 date letter still.
All i know is my case is in the system, i got this info from my lawyer.
more...
bestofall
03-02 05:50 PM
I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.
During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.
So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.
If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.
It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....
Well said Chandu !
During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.
So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.
If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.
It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....
Well said Chandu !
2010 life tattoo quotes for girls.
desi3933
08-04 11:28 AM
>> 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.
Not correct. Please refer to visa bulletin. It has changed many times in last 10 years. In fact, last year it was current for EB-3. Again, please state facts only.
>> 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.
Greencard processing is based on employer-driven process. Most of the cost should be borne by the employer.
One should be responsible only for I-485 related fees. How it can be $15,000+.
Do you have any basis to back this claim of average $15,000-$20,000.
>> Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
Why are you bonded? You are free to join any employer of your choice.
After 180 days of I-485 filing date, one can avail AC-21 as well.
>> 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.
Are you really waiting for a decade?
>> We understand that you work with in the limits of the law ...
Same holds for person who has filed for I-485.
Again, I truly understand the frustration for EB-3 India applicants, but letter should be based on facts and words like bonded should be avoided. One should be able to back every single line of the letter.
Good Luck.
Not correct. Please refer to visa bulletin. It has changed many times in last 10 years. In fact, last year it was current for EB-3. Again, please state facts only.
>> 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.
Greencard processing is based on employer-driven process. Most of the cost should be borne by the employer.
One should be responsible only for I-485 related fees. How it can be $15,000+.
Do you have any basis to back this claim of average $15,000-$20,000.
>> Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
Why are you bonded? You are free to join any employer of your choice.
After 180 days of I-485 filing date, one can avail AC-21 as well.
>> 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.
Are you really waiting for a decade?
>> We understand that you work with in the limits of the law ...
Same holds for person who has filed for I-485.
Again, I truly understand the frustration for EB-3 India applicants, but letter should be based on facts and words like bonded should be avoided. One should be able to back every single line of the letter.
Good Luck.
more...
saimrathi
07-05 03:14 PM
Very good news.. Keep it up.. I have done my share of calling/writing to the Representatives...
I just spoke with an Immigration Representative of my Senator. She knows me as I met her last year with my employer for my other issue.
She just informed me that we are (Not only we but whole Congress) shocked with un-precedent action of DOS/USCIS for July VB. Senator's Washington DC office is working on this issue including immediate legislative relief to Employment Based immigration. She is well aware of whole drama of July VB. I am going to call Washington DC Office as well.
I encourage every one call to their Senator and HR and speak with Immigration Representative. I think first time media and lawmakers have acknowledged the problem of Employment Based Immigration.
Call make much impact than the email/fax
I just spoke with an Immigration Representative of my Senator. She knows me as I met her last year with my employer for my other issue.
She just informed me that we are (Not only we but whole Congress) shocked with un-precedent action of DOS/USCIS for July VB. Senator's Washington DC office is working on this issue including immediate legislative relief to Employment Based immigration. She is well aware of whole drama of July VB. I am going to call Washington DC Office as well.
I encourage every one call to their Senator and HR and speak with Immigration Representative. I think first time media and lawmakers have acknowledged the problem of Employment Based Immigration.
Call make much impact than the email/fax
hair wrist tattoo quotes for girls
kumar1
08-20 11:28 PM
Missouri story - I was sent home by DMV office, reason, I was not carrying my latest Pay stubs. I hate these Midwestern states...they were sleeping before 9/11 and suddenly woke up and squeezed their asses. Can you imagine, ignorant DMV in Missouri gave me DL on B1/B2 visa in 2000? I showed them Passport as proof#1 and US visa as proof#2 and ignorant officer said...you are good to go! Now 7 years later, it is written in bold over there....
ONLY US CITIZENS walk away with DMV, rest everyone go through USCIS.
Just like in a desi shop in arm pit state New Jersey I saw this..."IN GOD WE TRUST, REST EVERYONE PAY CASH"
I knew I will have issues with DMV so I paid extra 1000 to get H1B premium and retained my privilege to drive. Believe me guys....this is America.....spend more...save more!
ONLY US CITIZENS walk away with DMV, rest everyone go through USCIS.
Just like in a desi shop in arm pit state New Jersey I saw this..."IN GOD WE TRUST, REST EVERYONE PAY CASH"
I knew I will have issues with DMV so I paid extra 1000 to get H1B premium and retained my privilege to drive. Believe me guys....this is America.....spend more...save more!
more...
pitha
06-02 11:35 PM
You are being too naive by giving benefit of doubt to senators and blaming some lowly staffer. The senators and there cohots (aka ron hira etc) who wrote this law wrote it specifically so that
1. to make it difficult to get green card through h1b route
2. make life even more difficult for people already stuck in retrogression.
I wonder where the famous "compassion" that both democrats and republicans talk about while giving amnesty aka Z visa to illegals who came here as early as Jan 1 2007 but are sticking it to us EB folkes who have been here following the rules and paying taxes for the last 7 to 8 years.
If the current law passes , god forbid it wont. It is indeed scary to many : Becoz its primarily becoz of all backlog processing centre Labors, H1 sixth year extensions etc. I dont know how the heck designed this draft and i am sure all those senators wouldnt havebeen aware of all these H1B , GC Employment based numbers some staffer would have done this .
1. to make it difficult to get green card through h1b route
2. make life even more difficult for people already stuck in retrogression.
I wonder where the famous "compassion" that both democrats and republicans talk about while giving amnesty aka Z visa to illegals who came here as early as Jan 1 2007 but are sticking it to us EB folkes who have been here following the rules and paying taxes for the last 7 to 8 years.
If the current law passes , god forbid it wont. It is indeed scary to many : Becoz its primarily becoz of all backlog processing centre Labors, H1 sixth year extensions etc. I dont know how the heck designed this draft and i am sure all those senators wouldnt havebeen aware of all these H1B , GC Employment based numbers some staffer would have done this .
hot hot quotes for girls about
ash0210
06-03 12:55 PM
Bodran, pl file your I-140 and your & sons I-485 immediatly..I am sure your I-140 will NOT take 2 years (as you are in EB3 ROW) to approve by which your son will be protected before he turns to be 21.
So, hurry up & file I-140/I485 ASAP and your son will be safe under CSPA (Child Status Protection Act). Also, pl read CSPA rule..I remember it was published on Feb 14, 2003...pl check..
Hope this helps..
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...
So, hurry up & file I-140/I485 ASAP and your son will be safe under CSPA (Child Status Protection Act). Also, pl read CSPA rule..I remember it was published on Feb 14, 2003...pl check..
Hope this helps..
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...
more...
house friendship quotes girls.
omeya
07-15 02:31 PM
Here is my confirmation number 7YF9B-2W4XQ
tattoo quotes for girls tattoos
Libra
09-14 11:48 AM
bump
more...
pictures 2010 tattoo quotes on girls.
chanduv23
10-16 04:42 PM
good post - add a poll to it
dresses friendship quotes for girls.
khukubindu
01-03 03:11 PM
Does anybody know whether USCIS do background checking on AP application or not ? It seems for my case they are doing as the IO told me.
more...
makeup tattoo quotes on girls. tattoo
nave_kum
08-13 06:33 PM
first: indulging in a completely useless dicussion
this is your prerogative but this forum really does have a purpose and a well defined goal. it behoves those who use it to be aligned with the goals of the organization, not completely obsessed with a receipt that is at best a tiny way station in a long journey.
second and this needs undivided attention- and rereading as many times as needed: personal attacks, offensive language and divisive fueds are against the policy of this forum. if you have a problem with this, read the posting guidelines. make sure you understand them completely.
third: junior and senior is nothing but a representation of the number of posts from a member. if the posts are nothing but self obsessed rantings, then senior is just a word that means nothing. posts can be approved or disapproved by members using the tools above. this results in green or red squares in front of a members name. that may be a better representation of other members opinions than just the number of posts.
fourth: those who live in glass houses do not ...do a lot of things frankly. you cannot complain about other's language or content if yours fails to meet the same criteria. i urge you to be civil in your tone and choose your words carefully. we are here to be a one united community working to end retrogression. not to rave and rant about each other, take or make sides, threaten (with what?), or endlessly obsses about dates and notices.
please by all means track your progress and give and take information.
but do it with some decorum.
many on this thread need to read this post carefully. please keep this forum a civil place and let's behave like the highly skilled immigrants we claim to be.
please direct your energy to more useful directions, volunteer, contribute and join the rally in DC on 9/18. join your state chapters. complete your profile on iv- what's the point of so much smoke and fire when you want to hide from everyone- your profile is not public, but iv needs you. you and i are iv. there is no iv but us. if you believe there is some nebulous entity that will magically solve your problems without your lifting a finger, well that's usually the stuff of dreams- and maybe your GC will arrive tonight with your beauty sleep...
Very well said!!! Logically this thread with the title "June end and July 2nd filers receipts by monday" MUST NOT be here. Please delete it. Thats what Buddyinus was trying to point out. But ppl took it personally.
this is your prerogative but this forum really does have a purpose and a well defined goal. it behoves those who use it to be aligned with the goals of the organization, not completely obsessed with a receipt that is at best a tiny way station in a long journey.
second and this needs undivided attention- and rereading as many times as needed: personal attacks, offensive language and divisive fueds are against the policy of this forum. if you have a problem with this, read the posting guidelines. make sure you understand them completely.
third: junior and senior is nothing but a representation of the number of posts from a member. if the posts are nothing but self obsessed rantings, then senior is just a word that means nothing. posts can be approved or disapproved by members using the tools above. this results in green or red squares in front of a members name. that may be a better representation of other members opinions than just the number of posts.
fourth: those who live in glass houses do not ...do a lot of things frankly. you cannot complain about other's language or content if yours fails to meet the same criteria. i urge you to be civil in your tone and choose your words carefully. we are here to be a one united community working to end retrogression. not to rave and rant about each other, take or make sides, threaten (with what?), or endlessly obsses about dates and notices.
please by all means track your progress and give and take information.
but do it with some decorum.
many on this thread need to read this post carefully. please keep this forum a civil place and let's behave like the highly skilled immigrants we claim to be.
please direct your energy to more useful directions, volunteer, contribute and join the rally in DC on 9/18. join your state chapters. complete your profile on iv- what's the point of so much smoke and fire when you want to hide from everyone- your profile is not public, but iv needs you. you and i are iv. there is no iv but us. if you believe there is some nebulous entity that will magically solve your problems without your lifting a finger, well that's usually the stuff of dreams- and maybe your GC will arrive tonight with your beauty sleep...
Very well said!!! Logically this thread with the title "June end and July 2nd filers receipts by monday" MUST NOT be here. Please delete it. Thats what Buddyinus was trying to point out. But ppl took it personally.
girlfriend myspace quotes for girls.
hebron
10-29 08:29 AM
Hi Guys,
Could anybody let me know what job code is used for labor certification. Is it DOT or SOC?
Could anybody let me know what job code is used for labor certification. Is it DOT or SOC?
hairstyles love quotes for girls to guys.
kevinkris
07-14 08:16 PM
Donno how to do this. Admins?
punjabi
08-13 04:52 PM
Hi buddyinus,
We all are going through hard time, but we do not need to display our hard feelings for someone through the forum! If you are upset at someone or if you have complains, email the Admin or a Super Moderator.
Do not write rude. Be a little professional at your behavior and communicate professionally.
Now, the fool is trying to change the subject by asking ppl to join the rally. Why in the world wud ppl trust him? The thread is barely 10 pages and after realizing that therez no point in discussing about what this thread is all about, he has shifted subject loyalites. How lame and insane is this guy? Pappu, LogicLife where r u guyz? Why dont u ban him?
We all are going through hard time, but we do not need to display our hard feelings for someone through the forum! If you are upset at someone or if you have complains, email the Admin or a Super Moderator.
Do not write rude. Be a little professional at your behavior and communicate professionally.
Now, the fool is trying to change the subject by asking ppl to join the rally. Why in the world wud ppl trust him? The thread is barely 10 pages and after realizing that therez no point in discussing about what this thread is all about, he has shifted subject loyalites. How lame and insane is this guy? Pappu, LogicLife where r u guyz? Why dont u ban him?
ngopikrishnan
12-08 11:03 PM
Just thought it will be an useful info.
Recently renewed NJ DL with EAD and expired I-94 (Paroled). Following documents were produced at Kilmer Rd DMV:
1) Current unexpired NJ DL
2) Passport with expired I-94 (Paroled)
3) EAD
4) SSN card
5) Address Proof (utility bill)
DL renewed until EAD expiry date PLUS 3 months.
Recently renewed NJ DL with EAD and expired I-94 (Paroled). Following documents were produced at Kilmer Rd DMV:
1) Current unexpired NJ DL
2) Passport with expired I-94 (Paroled)
3) EAD
4) SSN card
5) Address Proof (utility bill)
DL renewed until EAD expiry date PLUS 3 months.
No comments:
Post a Comment