indianabacklog
07-28 10:32 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
I am sorry to hear about another child aging out. Those not affected can not imagine the anguish it causes. I also had to start my green card a second time because my first I140 application was denied. I have tried every which way to find a way round this issue. Constantly posting every time another person posts on this situation. IV to this point do not seem to be motivated to address this. While the parents on here will eventually get their green cards, these adult children lose their path. In reality these children are the real victims of labor backlogs and retrogression and it would be useful to use these instances to illustrate the misery that results from the backlogs and waiting periods. I am not down playing the plight of spouses who have to wait to be able to work, since my husband has been waiting (not always patiently) for eight years, so do understand this side of the problem as much as anyone else.
Please IV see this issue for what it is and that is a very real human issue that is destroying families. It could be used to everyone's advantage and highlight the human side of the broken employment based immigration system.
(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
I am sorry to hear about another child aging out. Those not affected can not imagine the anguish it causes. I also had to start my green card a second time because my first I140 application was denied. I have tried every which way to find a way round this issue. Constantly posting every time another person posts on this situation. IV to this point do not seem to be motivated to address this. While the parents on here will eventually get their green cards, these adult children lose their path. In reality these children are the real victims of labor backlogs and retrogression and it would be useful to use these instances to illustrate the misery that results from the backlogs and waiting periods. I am not down playing the plight of spouses who have to wait to be able to work, since my husband has been waiting (not always patiently) for eight years, so do understand this side of the problem as much as anyone else.
Please IV see this issue for what it is and that is a very real human issue that is destroying families. It could be used to everyone's advantage and highlight the human side of the broken employment based immigration system.
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ItIsNotFunny
10-22 09:42 AM
Hey, tx for the PM, I sent the email, do we need to send a letter too?>
I think emails are fine for now. We want to acknowledge them and trying to avoid embarassing them.
I think emails are fine for now. We want to acknowledge them and trying to avoid embarassing them.
Jimi_Hendrix
08-01 04:02 PM
I have worked as a newspaper editor. I have very decent writing and editing skills. If you need help let me know.
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ameryki
01-19 11:39 AM
Hello Rameshk75,
Thank you very much for your reply. It gave me a mental peace. Do anyone believe if I go to the local office on next tuesday they will do something for me ?
i don't think going to local office is going to help. be patient you should get it. In my case it took almost 4 weeks since it got approved to physically receive AP. Although I don't know how long my lawyer held it prior to mailing it to me.
Thank you very much for your reply. It gave me a mental peace. Do anyone believe if I go to the local office on next tuesday they will do something for me ?
i don't think going to local office is going to help. be patient you should get it. In my case it took almost 4 weeks since it got approved to physically receive AP. Although I don't know how long my lawyer held it prior to mailing it to me.
more...
kumarr
12-26 02:19 PM
I just had my I-140 approved few days ago. I applied concurrently during July fiasco to NSC.
My online status says: Approval Notice Sent.
I guess that means my I140 is approved.
I am EB3 - India.
My online status says: Approval Notice Sent.
I guess that means my I140 is approved.
I am EB3 - India.
satishku_2000
07-23 04:26 PM
I got the e-mail today as well. My PD is Sep 2005 and my I-485 receipt date was Sep 30, 2005.
Couple of people I know got their approvals with PDs of 2004 and 2005 in EB2 and EB3.. Hopefully dates will look better in october visa bulletin.
Couple of people I know got their approvals with PDs of 2004 and 2005 in EB2 and EB3.. Hopefully dates will look better in october visa bulletin.
more...
DSLStart
09-10 09:30 AM
EB2 dates moving back more than 5 years is really sickening. Lets just only hope that they've used and alloted visa numbers already to approvable cases and see approvals coming through...
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dslamba
05-27 03:35 PM
If I may suggest it may help our funding drive if we allow smaller contributions. (20$ or 10$) both recurring and one time.
I know at least a couple of people who would do a 20$ 2-3 times a year but won't do a $50. Anecdotal but may hold true for a lot more people.
-dslamba
I know at least a couple of people who would do a 20$ 2-3 times a year but won't do a $50. Anecdotal but may hold true for a lot more people.
-dslamba
more...
Macaca
10-01 03:27 PM
Worldwide Limits
(a) FS Preference Limitation:
The overall ceiling for relatives is 480,000, from which the previous year's total of immediate relatives and other family classes which are exempt from the numerical ceiling are deducted to determine the level of family-based preference immigration. Although the difference could be greater or less than 226,000, that figure is established as a minimum for the FS preference immigrant limitation.
Specifically, if such family-related numerically-exempt immigrants and parolees are fewer than 254,000, the family-sponsored preferences will be entitled to more than 226,000 in the following fiscal year. On the other hand, if such family-related numerically-exempt immigrants and parolees exceed 254,000, the FS preferences are still provided at least 226,000 numbers by virtue of the minimum annual limit assured by Sec. 201(c).
So # legal immigrants/year = 480K (FS) + 140K (EB) + 50K (diversity) + Refugee + Asylum + ... = 670K + ... ~= 1M (reported in articles)
(a) FS Preference Limitation:
The overall ceiling for relatives is 480,000, from which the previous year's total of immediate relatives and other family classes which are exempt from the numerical ceiling are deducted to determine the level of family-based preference immigration. Although the difference could be greater or less than 226,000, that figure is established as a minimum for the FS preference immigrant limitation.
Specifically, if such family-related numerically-exempt immigrants and parolees are fewer than 254,000, the family-sponsored preferences will be entitled to more than 226,000 in the following fiscal year. On the other hand, if such family-related numerically-exempt immigrants and parolees exceed 254,000, the FS preferences are still provided at least 226,000 numbers by virtue of the minimum annual limit assured by Sec. 201(c).
So # legal immigrants/year = 480K (FS) + 140K (EB) + 50K (diversity) + Refugee + Asylum + ... = 670K + ... ~= 1M (reported in articles)
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Libra
09-11 08:19 PM
thank you pstvak for contribution. if you need help you can contact one of the IV member on
http://immigrationvoice.org/forum/showthread.php?t=12441 thread.
http://immigrationvoice.org/forum/showthread.php?t=12441 thread.
more...
kalinga_sena
04-30 02:59 PM
Aytes is talking about transformation program...
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nk2006
10-17 04:01 PM
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
Thanks for the update.
Its positive and a direct answer to try improving USCIS practises regarding AC21. Hope more people will get inspired with this and send letters.
Note: from the earlier experiences it was pointed out that we need to send letters in thousands to get immediate attention. please keep sending.
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
Thanks for the update.
Its positive and a direct answer to try improving USCIS practises regarding AC21. Hope more people will get inspired with this and send letters.
Note: from the earlier experiences it was pointed out that we need to send letters in thousands to get immediate attention. please keep sending.
more...
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jetflyer
12-15 11:13 AM
What a nobel idea. IV has thousands of members and we all are with you. What we don't seems to have is LEADER. Yes, we are lacking leaders like you, If you start I am sure all IV members will follow you. Just drop us a line when you are ready to start. We all are counting on you.
J.F.
Dear Friends,
What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.
please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.
MC
J.F.
Dear Friends,
What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.
please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.
MC
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mrajatish
04-26 10:00 AM
On a side note, some countries have treaty with US where there SS/Medicare is moved to the SS/Medicare systems in these countries. If India/China had these treaties, we would be well served. Instead of asking the US govt. to fix the problem, we should push our governments to solve this - I believe NASSCOMM has been trying something like this.
And this is a completely separate issue from getting GC here, if you want GC here, you should focus on getting that instead of getting your SS back. However, there might be a percentage who wants to go back after 6 years in H1 and they should form an alliance and push the Indian/Chinese/other govts to act on their behalf to get their money back.
It is important that we get a single message across to law makers now - reduce Green card wait times and make employees less dependent on the whims of the employers regardless of your category of application and country of birth.
And this is a completely separate issue from getting GC here, if you want GC here, you should focus on getting that instead of getting your SS back. However, there might be a percentage who wants to go back after 6 years in H1 and they should form an alliance and push the Indian/Chinese/other govts to act on their behalf to get their money back.
It is important that we get a single message across to law makers now - reduce Green card wait times and make employees less dependent on the whims of the employers regardless of your category of application and country of birth.
more...
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amits
07-20 06:16 AM
Thanks a lot reachtoravi.
Please ask your friends to contribute as well. Lets strengthen our foundation to face upcoming challenges..
Donated one time $100 ...
Just now signed up for $50 a month recurring contribution ...
Thanks to IV for all great work.
Please ask your friends to contribute as well. Lets strengthen our foundation to face upcoming challenges..
Donated one time $100 ...
Just now signed up for $50 a month recurring contribution ...
Thanks to IV for all great work.
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addsf345
11-13 03:42 PM
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
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?
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?
more...
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funny
09-12 04:09 PM
Whats the plan guys...any thing agreed upon....^Bumping Again^
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rfarkiya
07-15 01:21 PM
I am in San Diego.... I am in....
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Macaca
09-12 04:11 PM
Greg Aamot
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Kirstin Downey
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BEN FELLER
RON FOURNIER rfournier@ap.org
Alan Fram afram@ap.org
Anabelle Garay
OSKAR GARCIA
SUZANNE GAMBOA: sgamboa@ap.org *
JON GAMBRELL
ANDREW GLAZER
ANABELLE GARAY
DEEPTI HAJELA
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ANDREW GLAZER
ANABELLE GARAY
DEEPTI HAJELA
ROXANA HEGEMAN
JOHN HEILPRIN
TOM HESTER Jr.
ROBERT JABLON
Henry C. Jackson
GENE JOHNSON
MARCUS KABEL
SARAH KARUSH
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STEVE LeBLANC
SCOTT LINDLAW
TRAVIS LOLLER
AMY LORENTZEN
JANET FRANKSTON LORIN
NORMA LOVEA
JENNIFER LOVEN jloven@ap.org
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Jeremiah Marquez
BARRY MASSEY
KAREN MATTHEWS
William McCall
HOLBROOK MOHR
GABRIELA MOLINA
Amanda Lee Myers
LARRY NEUMEISTER
DAISY NGUYEN
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MARK SCOLFORO
MICHAEL J. SNIFFEN
ELLIOT SPAGAT
MITCH STACY
TIM SULLIVAN
Nafeesa Syeed
CHRIS TALBOTT
JENNIFER TALHELM
TIM TALLEY
Sophia Tareen
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ANDREW TAYLOR
CHRISTOPHER TOOTHAKER
JULIE WATSON
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andy garcia
10-01 11:28 AM
Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.
This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.
Can the IV community do some thing to improve the whole situation?
Thanks h1techSlave;
I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
just because I said so.
Remember that this system was designed back when there was one single queue.
You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.
Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued
This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.
Can the IV community do some thing to improve the whole situation?
Thanks h1techSlave;
I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
just because I said so.
Remember that this system was designed back when there was one single queue.
You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.
Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued
boreal
03-18 11:10 AM
Looks like IRS is not going to give us back 1200$ as part of the stimulus package,which they were planning to earlier.
Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Basic Information on the Stimulus Payments
Updated March 14, 2008 � new 1040A-3 package
You've heard about it. Now find out how to get yours.
What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.
Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
mmm...didnt knew about this..After living and working here for ten years, i am still in-eligible for the tax rebate...phew!!!! (filed jointly, no SSN for my wife)..maybe i will claim it all next year....I am eternally optimistic :-)
Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Basic Information on the Stimulus Payments
Updated March 14, 2008 � new 1040A-3 package
You've heard about it. Now find out how to get yours.
What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.
Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
mmm...didnt knew about this..After living and working here for ten years, i am still in-eligible for the tax rebate...phew!!!! (filed jointly, no SSN for my wife)..maybe i will claim it all next year....I am eternally optimistic :-)
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