vkallank
07-18 10:23 PM
Amit, i have sent you a PM. :)
Thanks a bunch for all of you who contributed today, I read each and every post and felt very content that atleast there are people who feel the same way like I feel. IV is the only org that stands for us. It is time to strengthen it, Most of you have no idea how much money is really needed for lobbying, and how far it can take us if each of us contributed a little every month.
Minimum $50/month.
Thanks a bunch for all of you who contributed today, I read each and every post and felt very content that atleast there are people who feel the same way like I feel. IV is the only org that stands for us. It is time to strengthen it, Most of you have no idea how much money is really needed for lobbying, and how far it can take us if each of us contributed a little every month.
Minimum $50/month.
wallpaper portal 2 atlas avatar. portal 2 atlas avatar. portal 2 atlas avatar.
eb3retro
09-01 04:56 PM
Landed July 1997.
Couple of contracting jobs with a desi bodyshopper(read it as a blood sucker). Believed him for almost 4 years of false promises that they will do GC processing. Finally quit the company and joined a major HMO company. Started the GC paper work in early Jan 2002. Due to the attorney screw ups, and wrong documentation, filed the labor in EB3 (did not even know that upto almost 2 years after filing, was thinking it was filed in EB2) in Jan 2003. Yes, it took 1 year for attorney's screw ups to be rectified. In that company, we were not allowed to talk directly to the lawyer and had to go thru the employer. So to get a simple answer would take 10-15 days. Wish IV was there then. Waited in Labor Processing for 4+years. 140 approved in early 2007. Filed 485 in july fiasco and got EAD, from then changed 2 jobs (got that freedom atleast). Per my own estimate, I should be receiving my GC sometimes in 2015. Current employer will not do GC processing , so no chance of filing for Eb2. I dont want to change employers even if it costs my GC, because, I am enjoying the work that I am doing. And in my opinion thats important because, I would rather be in a job that I enjoy more without GC than being in a job that I do not like with GC. So, 13 years and still going. Completed PMP, MBA meanwhile. Thats my story.
Couple of contracting jobs with a desi bodyshopper(read it as a blood sucker). Believed him for almost 4 years of false promises that they will do GC processing. Finally quit the company and joined a major HMO company. Started the GC paper work in early Jan 2002. Due to the attorney screw ups, and wrong documentation, filed the labor in EB3 (did not even know that upto almost 2 years after filing, was thinking it was filed in EB2) in Jan 2003. Yes, it took 1 year for attorney's screw ups to be rectified. In that company, we were not allowed to talk directly to the lawyer and had to go thru the employer. So to get a simple answer would take 10-15 days. Wish IV was there then. Waited in Labor Processing for 4+years. 140 approved in early 2007. Filed 485 in july fiasco and got EAD, from then changed 2 jobs (got that freedom atleast). Per my own estimate, I should be receiving my GC sometimes in 2015. Current employer will not do GC processing , so no chance of filing for Eb2. I dont want to change employers even if it costs my GC, because, I am enjoying the work that I am doing. And in my opinion thats important because, I would rather be in a job that I enjoy more without GC than being in a job that I do not like with GC. So, 13 years and still going. Completed PMP, MBA meanwhile. Thats my story.
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...
2011 Portal 2 co-op robots cutout
sugaur
03-05 10:36 PM
Wifes I485 got soft LUD on 1/9/09.
more...
FSL
09-10 02:13 PM
So what happens if your PD got current and I-140 approved? What happens next? Whats the next hurdle?
Thanks
Thanks
tinamatthew
07-21 04:20 PM
Are there any Schedule A professionals who are filing this July?
Any ideas/news you can share?
Any ideas for those stuck in 40 days employer posting requirements, that will end sometime in August.
Any input will be greatly appreciated.
Thank you
Any ideas/news you can share?
Any ideas for those stuck in 40 days employer posting requirements, that will end sometime in August.
Any input will be greatly appreciated.
Thank you
more...
biomd
09-09 09:13 AM
My Contribution of $100 sent in today by Google. Will be attending the 18th Rally.
C U Guys!.
C U Guys!.
2010 portal 2 atlas and p-body.
sdrblr
07-21 04:26 PM
Looks like IL is the place to get the license. No questions asked and you will get 5 years. I just had my license renewed for 5 years in Aug 2008 by mail even though my H1 expires in Oct 2009.
Hi Friends, I went to DMV PA (Bridgevile) to renew my drivers license recently. They are not accepting original EAD/ AP, copy of 485 receipt plus employer letter. They are asking for original 485 receipt. Unfortunately my ex-employer did not give the original receipt.
Did any body renew the PA DL without original 485 receipt?
Hi Friends, I went to DMV PA (Bridgevile) to renew my drivers license recently. They are not accepting original EAD/ AP, copy of 485 receipt plus employer letter. They are asking for original 485 receipt. Unfortunately my ex-employer did not give the original receipt.
Did any body renew the PA DL without original 485 receipt?
more...
arnab221
06-23 09:30 PM
I thought Murphy's law of " Whatever can get delayed will get delayed " , applied to me only. Looks like in the US GC process it applies to everybody else also .
:D
:D
hair 17:26, May 2, 2011
newuser
09-16 03:29 PM
^^^^
more...
amitga
02-26 04:08 PM
Hopefully this center would be processing 485 backlogs with the same rate by end of this year.
hot Atlas and P-body
champak3
06-17 08:07 AM
what is your PD?
not sure why is this question imp , but it's nov 2006 .....
not sure why is this question imp , but it's nov 2006 .....
more...
house Portal+2+atlas+and+p+body
eb3_nepa
03-08 02:25 PM
Sorry,
any mention to any guest working program? I think that if they agree in this point we can see any improuvement on the backlog and "never ending story" in the Green Card process.
beppenyc, any particular reason that ur interested in the guest worker program?
any mention to any guest working program? I think that if they agree in this point we can see any improuvement on the backlog and "never ending story" in the Green Card process.
beppenyc, any particular reason that ur interested in the guest worker program?
tattoo When Portal arrived in 2007 as
dpp
07-20 01:30 PM
Yes, you are right. It is from beginning of PERM.
So, total number in PERM labors are 144K. Thats good, not many.
So, so if we have 150K BEC cases also, it is 300K for primary and 600K-700K total for 485s.
The report shows 144,000 between March 28, 2005 - June 1, 2007. This is not bad as we all are thinking
Karthik
So, total number in PERM labors are 144K. Thats good, not many.
So, so if we have 150K BEC cases also, it is 300K for primary and 600K-700K total for 485s.
The report shows 144,000 between March 28, 2005 - June 1, 2007. This is not bad as we all are thinking
Karthik
more...
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GooblyWoobly
08-11 02:01 AM
I think the monday deadline makes sense. See, USCIS said they are going to issue the receipting update every week. Last week's update said, 7/1/2007 for EB cases at Nebraska. How would you think it would look if, after a whole week, USCIS issues another update, with the same date. Embarrassing, Eh?
So, since they have to issue the update on Friday, they put this deadline. However, they probably realize that it's not possible for them to issue receipts of all July 2nd filers by Friday, so, they move the internal deadline to Monday. That's probably the reason they did not issue a receipting update today.
Just putting two and two together.
So, since they have to issue the update on Friday, they put this deadline. However, they probably realize that it's not possible for them to issue receipts of all July 2nd filers by Friday, so, they move the internal deadline to Monday. That's probably the reason they did not issue a receipting update today.
Just putting two and two together.
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sandiboy
08-10 09:13 PM
I just got mail from lawyer with the Receipt nos for myself & Spouse got online. Receipt notices not yet received.
Hang on there everyone will get it sooner or later
I485 Filed: Jul 2nd 7:55 AM (received by R.Williams)
Revd at : NSC
Transferred to TSC: No
ND: Aug 7th
I-140 approved: Jun 2006 @ TSC
EB3 PD - May 2002
Hang on there everyone will get it sooner or later
I485 Filed: Jul 2nd 7:55 AM (received by R.Williams)
Revd at : NSC
Transferred to TSC: No
ND: Aug 7th
I-140 approved: Jun 2006 @ TSC
EB3 PD - May 2002
more...
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offohh
08-02 05:27 PM
Paisa read the Jan 2007 VB archive. hopefully you will understand what i am talking about.
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MDix
02-25 02:42 PM
I think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file I-1485.
Thank's
MDix
Thank's
MDix
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ita
07-14 03:30 PM
Sent $21.. 7YB8Z-XTRJT.
Thank you.
Thank you.
chanduv23
09-16 08:50 PM
Unable to participate due to prior commitments (travelling in Mid West)
Contributed $200
Google Order # 332995467726386
Appreciate IV's initiative. Thanks a ton.
Thanks - for your contribution
Contributed $200
Google Order # 332995467726386
Appreciate IV's initiative. Thanks a ton.
Thanks - for your contribution
skv
06-28 01:52 PM
Hello,
My labor got approved today
Category: EB2
PD : Feb 5th, 2007
Wish you all the best for everyone
Great, best wishes! We're happy for you.
My labor got approved today
Category: EB2
PD : Feb 5th, 2007
Wish you all the best for everyone
Great, best wishes! We're happy for you.
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