saravanaraj.sathya
07-20 04:14 PM
As per this link, there is premium processing for EAD. I think whoever needs immediate can take advantage of this instead of waitinf for months
http://www.murthy.com/news/n_proexp.html
http://www.murthy.com/news/n_proexp.html
JazzByTheBay
09-29 08:01 AM
2009 is VERY OPTIMISTIC. Why would a new administration take up "touchy" issue like immigration in its 1st year (2009)? Least we can expect is 2010 IF NOTHING HAPPENS BY MID NOVEMBER - Congress goes to recess for the year.The window of opportunity is short!
Hahaha! It sounds that you're really mad though! I am optimistic that I'll get my GC next year! No need to wait for 2009!
Unusual and unjustified optimism is the hallmark of great leaders and delusional fools. :)
Don't want to get political on this forum, but you probably know the consequences in the context of the current state of world affairs.
hypophobia: While many people today are plagued with excessive fear and anxiety it seems that there are others who have too little anxiety, a condition which has been termed "hypophobia" (1, 2 (http://www.chester.ac.uk/%7Esjlewis/DM/TEXTS/TEXT2.HTM), 3 (http://www-personal.umich.edu/%7Enesse/Articles/TestEvolHypsMentDisord-1999.PDF), 4 (http://clawww.lmu.edu/faculty/tshanahan/DarMed.html), 8 (http://psych.unn.ac.uk/pdf/beh_res_prep/br_poulton.pdf)). Since anxiety is a defensive or adaptive emotion which serves to protect us from dangers (see Darwinian Medicine (http://www.holistichealthtopics.com/HMG/adapt.html)), those who lack such normal fears may fail to perceive the dangers which confront them everyday. Such people may be seen as foolhardy or risk takers since they lack the normal inhibitory fears which serve to prevent excessive risk taking. It is for this reason that the frequently unrecognised hypophobia may be a rather dangerous condition. As has been noted by Nesse (5 (http://www-personal.umich.edu/%7Enesse/Articles/WhatDarMedOffersPsychiatry-1999.pdf)), "too little anxiety may be worse than too much."
http://www.holistichealthtopics.com/HMG/anxiety.html
jazz
Hahaha! It sounds that you're really mad though! I am optimistic that I'll get my GC next year! No need to wait for 2009!
Unusual and unjustified optimism is the hallmark of great leaders and delusional fools. :)
Don't want to get political on this forum, but you probably know the consequences in the context of the current state of world affairs.
hypophobia: While many people today are plagued with excessive fear and anxiety it seems that there are others who have too little anxiety, a condition which has been termed "hypophobia" (1, 2 (http://www.chester.ac.uk/%7Esjlewis/DM/TEXTS/TEXT2.HTM), 3 (http://www-personal.umich.edu/%7Enesse/Articles/TestEvolHypsMentDisord-1999.PDF), 4 (http://clawww.lmu.edu/faculty/tshanahan/DarMed.html), 8 (http://psych.unn.ac.uk/pdf/beh_res_prep/br_poulton.pdf)). Since anxiety is a defensive or adaptive emotion which serves to protect us from dangers (see Darwinian Medicine (http://www.holistichealthtopics.com/HMG/adapt.html)), those who lack such normal fears may fail to perceive the dangers which confront them everyday. Such people may be seen as foolhardy or risk takers since they lack the normal inhibitory fears which serve to prevent excessive risk taking. It is for this reason that the frequently unrecognised hypophobia may be a rather dangerous condition. As has been noted by Nesse (5 (http://www-personal.umich.edu/%7Enesse/Articles/WhatDarMedOffersPsychiatry-1999.pdf)), "too little anxiety may be worse than too much."
http://www.holistichealthtopics.com/HMG/anxiety.html
jazz
radhay
04-17 01:59 PM
I have closed on two mortgage loans recently and found that Loan Underwriters don't understand EAD/ AOS applications. For my original loan with Pulte Mortgage I explained them that AOS is a period authroized stay by Attorney General until Green card is approved. When they still didn't understand I had to bump my down payment to 20% which apparently puts less resrtictions (By Fannie Mae guidelines).
When I refinanced this week with PFCU (pentagan federal CU) I sent them EAD copies and they were OK with it.
When I refinanced this week with PFCU (pentagan federal CU) I sent them EAD copies and they were OK with it.
vin13
02-19 11:55 AM
I don't understand why EB3-I is a lost cause. Isn't the percentage distribution for the various categories taken into account? I don;t think I understand how the percentage distrubution works probably. Can anyone please explain?
India and China get most of their share through not only the allocated %age but also through the spillover from ROW. Since there is less spillover from ROW for EB-3, the amount of visa for EB-3I is less.
India and China get most of their share through not only the allocated %age but also through the spillover from ROW. Since there is less spillover from ROW for EB-3, the amount of visa for EB-3I is less.
more...
desi485
03-17 07:26 PM
Which part says that you are not eligible? Please elaborate.
both husband-wife should have SSN.
what about july filers. Most have received SSN for H4 by now.
those who already filed using ITIN might be at loss.
both husband-wife should have SSN.
what about july filers. Most have received SSN for H4 by now.
those who already filed using ITIN might be at loss.
javaconsultant
01-13 11:46 PM
My PD is June 2002 from CA in EB3/RIR category.
I did not get my approval yet !
I did not get my approval yet !
more...
lost_in_migration
10-01 10:39 AM
EB must also get some additional visa numbers from FB as an 'interest' for these 'loaned' visas from EB to FB. Now we have to finalize the 'interest' rate. How about 100%? ;)
Thanks to Macaca, now we know that during the previous years some of the unused EB visas were effectively used for Family based GCs.
My question (and suggestion) is, can the reverse happen in 2007-2008?
I know, this is an opportunistic and shameless suggestion from my part. But the fact of the matter is, we are rightfully entitled to the same number of visa numbers that we effectively 'loaned' to the FB visa category in the previous years.
What is important is that this sort of give and take can happen with out any law change. We only need to cry louder than FB folks, and USCIS may give unused FB visas to EB category.
Thanks to Macaca, now we know that during the previous years some of the unused EB visas were effectively used for Family based GCs.
My question (and suggestion) is, can the reverse happen in 2007-2008?
I know, this is an opportunistic and shameless suggestion from my part. But the fact of the matter is, we are rightfully entitled to the same number of visa numbers that we effectively 'loaned' to the FB visa category in the previous years.
What is important is that this sort of give and take can happen with out any law change. We only need to cry louder than FB folks, and USCIS may give unused FB visas to EB category.
optimystic
09-10 08:22 PM
EB3 -India: "Dukh Bhare Din Bite re Bhaia, Ab Sukh Aaio Re...":p
How so ??
You must have a EB3-I PD that is earlier than July 2001? I am hoping for good news myself this October or in the next couple months that follow :D
How so ??
You must have a EB3-I PD that is earlier than July 2001? I am hoping for good news myself this October or in the next couple months that follow :D
more...
yabadaba
08-10 12:40 PM
no receipts for me too :( r Williams 7:55am 07/02
i m going go drinking to drown my sorrows soon.
i m going go drinking to drown my sorrows soon.
alterego
02-20 04:15 AM
I am not entirely sure about the 1% number. I feel it may be somewhat higher than that.
If indeed the ratio is 1%, then things are very dire, since with the economy as it is, we probably will not see any expansion in EB immigration in the near term.
Additionally the L1-EB1 route as multinational manager is very much alive and well, and is arguably the preferred and probably only viable route for any Indian prospectively attempting to immigrate to the USA. The numbers of such applicants might be larger than we know. If anyone has any data on that and specifically about the change in those numbers ever since retrogression hit, please post it.
In all honesty, I know the guys applying anew need a little hope and encouragement, but with perhaps 300K people and rising ahead of you in the EB India queue and slim to none chance of EB expansion in the near term, what are the odds of getting through that line in the next decade?
If indeed the ratio is 1%, then things are very dire, since with the economy as it is, we probably will not see any expansion in EB immigration in the near term.
Additionally the L1-EB1 route as multinational manager is very much alive and well, and is arguably the preferred and probably only viable route for any Indian prospectively attempting to immigrate to the USA. The numbers of such applicants might be larger than we know. If anyone has any data on that and specifically about the change in those numbers ever since retrogression hit, please post it.
In all honesty, I know the guys applying anew need a little hope and encouragement, but with perhaps 300K people and rising ahead of you in the EB India queue and slim to none chance of EB expansion in the near term, what are the odds of getting through that line in the next decade?
more...
h1techSlave
04-17 10:37 AM
Thank you Mr. Hammer.
My question was about H4 + 485 pending? Then what is the status? I have earlier given EAD, but they did not accept that. I am submitting 485 receipt with A#. Let me see how it goes.
EAD is not a visa status. It is an employment authorization document. Of course they will not accept it in lieu of H-1B.
What you need to do is show them the receipt of your I-485 application with the A#.
In my case too he asked me if I was on EAD and I said yes. He said that I should then give him a copy of I-485 receipt. However, since I also maintain H-1B visa, I just gave him that.
My question was about H4 + 485 pending? Then what is the status? I have earlier given EAD, but they did not accept that. I am submitting 485 receipt with A#. Let me see how it goes.
EAD is not a visa status. It is an employment authorization document. Of course they will not accept it in lieu of H-1B.
What you need to do is show them the receipt of your I-485 application with the A#.
In my case too he asked me if I was on EAD and I said yes. He said that I should then give him a copy of I-485 receipt. However, since I also maintain H-1B visa, I just gave him that.
learning01
04-25 09:30 PM
We are not changing laws, we are petitioning. We are educatiing the various sections of American society, lawmakers, fourth estate.
We are asking for the rationale for collecting the Social Security Tax and Medicare, when you don't get its benefits. Pure and simple. You see, we are resident aliens NOT LPRs (Legal Permanent Residents a.k.a Green Card Holders).Benefits for which you are paying social security tax, you are not eligible while on H1. So, please don't use extreme words. When illegal aliens can demonstrate and influence law makers, what is wrong for legal aliends in writing to lawmakers, newspapers etc.
If you are laid of, will you get unemployment benefits? Job retraining. No, You are out of status. So, is it incorrect to ask for this? I am not talking about Income Taxes. Go and look at my posts. I am a strong advocate of core IV goals.
In this thread, instead of asking impractical PD dates, I suggested why don't we question the collection of SS and Medicare tax from H1 workers?
This is the most outrageous and ridiculous stuff anyone could have heard. We want to change the laws of the land to benefit us. We are here because WE WANT TO BE HERE .No one is forcing us to work and pay SS tax and Medicare here. So what's next: No State tax too? We are lucky that the core IV team has accomplished so much in such a short time with limited resources. We need to push the amendments that will allow concurrent filing of I145, period, or we are jeopardizing any thing from going through.
We are asking for the rationale for collecting the Social Security Tax and Medicare, when you don't get its benefits. Pure and simple. You see, we are resident aliens NOT LPRs (Legal Permanent Residents a.k.a Green Card Holders).Benefits for which you are paying social security tax, you are not eligible while on H1. So, please don't use extreme words. When illegal aliens can demonstrate and influence law makers, what is wrong for legal aliends in writing to lawmakers, newspapers etc.
If you are laid of, will you get unemployment benefits? Job retraining. No, You are out of status. So, is it incorrect to ask for this? I am not talking about Income Taxes. Go and look at my posts. I am a strong advocate of core IV goals.
In this thread, instead of asking impractical PD dates, I suggested why don't we question the collection of SS and Medicare tax from H1 workers?
This is the most outrageous and ridiculous stuff anyone could have heard. We want to change the laws of the land to benefit us. We are here because WE WANT TO BE HERE .No one is forcing us to work and pay SS tax and Medicare here. So what's next: No State tax too? We are lucky that the core IV team has accomplished so much in such a short time with limited resources. We need to push the amendments that will allow concurrent filing of I145, period, or we are jeopardizing any thing from going through.
more...
srikondoji
08-11 11:05 AM
Was away on business travel for last 3 days.
Coming to your friend and his call, the information i passed on is what i got from rep.
Looks like there are lot of applications received by USCIS on july 2.
Hopefully we get some direction by next weekend.
Hang in there. We are all on the same boat in still waters.:eek:
A freind of mine called. He did NOT hear such thing from NSC. He even refefrenced this discussion
Coming to your friend and his call, the information i passed on is what i got from rep.
Looks like there are lot of applications received by USCIS on july 2.
Hopefully we get some direction by next weekend.
Hang in there. We are all on the same boat in still waters.:eek:
A freind of mine called. He did NOT hear such thing from NSC. He even refefrenced this discussion
srikondoji
08-02 03:56 PM
I had an email conversation with my lawyer regarding 180 day portability.
She said that the count for 180 days should begin with notice date for safe side.
However the count begins with Receipt Date which is a day or 2 off from the actual application receive date (mail received date).
This is what i got from my lawyer.
She said that the count for 180 days should begin with notice date for safe side.
However the count begins with Receipt Date which is a day or 2 off from the actual application receive date (mail received date).
This is what i got from my lawyer.
more...
srinivas06
09-10 05:03 PM
Hello!
If possible can you allow people to donate any amount they want?
I did $100 donation and transaction Id is 4V64496321804025H. I have sent this information to all of my friends. There might be some people who want to donate but less than $100 one time donation.
My understanding is that IV is having around 24,000 members and even if everybody donates $2 then it will be around $46K. So if possible please send a mail to all the members to do at least $5 donation.
Thanks and Regards
If possible can you allow people to donate any amount they want?
I did $100 donation and transaction Id is 4V64496321804025H. I have sent this information to all of my friends. There might be some people who want to donate but less than $100 one time donation.
My understanding is that IV is having around 24,000 members and even if everybody donates $2 then it will be around $46K. So if possible please send a mail to all the members to do at least $5 donation.
Thanks and Regards
StarSun
04-29 05:41 PM
You can find the list of all US Senators currently serving listed alphabetically along with phone numbers U.S. Senate: Senators Home (http://www.senate.gov/general/contact_information/senators_cfm.cfm)
class - Article I, section 3 of the Constitution requires the Senate to be divided into three classes for purposes of elections. Senators are elected to six-year terms, and every two years the members of one class�approximately one-third of the Senators�face election or reelection. Terms for Senators in Class I expire in 2013, Class II in 2015, and Class III in 2011.
Lets get this moving!!!
class - Article I, section 3 of the Constitution requires the Senate to be divided into three classes for purposes of elections. Senators are elected to six-year terms, and every two years the members of one class�approximately one-third of the Senators�face election or reelection. Terms for Senators in Class I expire in 2013, Class II in 2015, and Class III in 2011.
Lets get this moving!!!
more...
senk1s
01-04 12:39 PM
I called in yesterday to the tollfree # - this was the bottomline after the long chat :(
"your case is 1 day beyond the normal processing time- we'll open a SR and send to the IO - please call back after 60 days to check back on the status of the service request"
"your case is 1 day beyond the normal processing time- we'll open a SR and send to the IO - please call back after 60 days to check back on the status of the service request"
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...
diptam
07-06 12:48 PM
For last few year...
"Backlog - retrogression - Can't process more than 1 case in 1 week, have patience guys...."
And Today ...
"Yes we can process 25000 cases in 48 hrs , that's called efficiency "
An we keep on accepting whatever is slapped on us and who knows what will be said to us in future.... "guys go home" ???
I wonder what.....something is coooking and they will be some changes soon. I have a feeling they are in fear of the lawsuit and media coverage as this thing has in fact taken off....
"Backlog - retrogression - Can't process more than 1 case in 1 week, have patience guys...."
And Today ...
"Yes we can process 25000 cases in 48 hrs , that's called efficiency "
An we keep on accepting whatever is slapped on us and who knows what will be said to us in future.... "guys go home" ???
I wonder what.....something is coooking and they will be some changes soon. I have a feeling they are in fear of the lawsuit and media coverage as this thing has in fact taken off....
tinamatthew
07-23 06:31 PM
hi fruity..
we have the same concerns regarding the ds230 approval..
anyway, i just wanna ask about what you said earlier.. is it true that there are some August scheduled embassy interviews being cancelled? what did those people you know exactly said about this?
hear from you.. thanx
It is so sad for those that had the interview in August. How many of your friends were affected?
we have the same concerns regarding the ds230 approval..
anyway, i just wanna ask about what you said earlier.. is it true that there are some August scheduled embassy interviews being cancelled? what did those people you know exactly said about this?
hear from you.. thanx
It is so sad for those that had the interview in August. How many of your friends were affected?
santb1975
05-23 10:29 PM
Thankyou for the contribution
Contributed $100 today.
Transaction ID: 6WL593393P795301W
Contributed $100 today.
Transaction ID: 6WL593393P795301W
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