Wednesday, June 8, 2011

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  • jambapamba
    07-06 02:10 PM
    No, they did not take the original offline...it was there online in archived sections. They may be getting calls seeing the current one and the archived one....so they thought to clarify (making us read both of them together). That is all.

    {hmm....that makes me think...did USCIS complain to DOS that they are still receiving 485's and that the old bulletin still exists online. So, DOS found this solution....Just my 0.02
    }
    But when they revised it on July 2nd they took the original VB offline. Now they bring the original VB back online and they are asking folks look at both of them together.




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  • skillet
    06-22 11:20 AM
    Still per my attorney it shows "In-Process". Mine was filed on Feb 5th...




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  • reddymjm
    06-10 06:30 AM
    cat India ROW
    -------------------------
    E3 Unavailable Unavailable
    E2 1 April 2004 Current
    source: http://mumbai.usconsulate.gov/cut_off_dates.html




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  • wandmaker
    05-22 07:40 AM
    Come forward and contribute for your own cause.

    santb1975: Change the thread title to read as FUNDING DRIVE: Let us step up IV(I+We)'ans



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  • raju123
    06-01 04:00 PM
    This might be useful to you.

    Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"

    The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.

    Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.

    Example 1
    The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
    According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.

    Example 2
    Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.

    Example 3
    Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.

    Example 4
    Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
    Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.

    Example 5
    Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.

    Example 6
    Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.

    For more information about "Age Out", please click the following topics:

    What is "Age Out"
    Child Status Protection Act
    If you are a USC, does CSPA prevent your child from "aging out"?
    If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
    Age Out Problems in Employment-Based Immigration
    Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
    Child of Asylee and Refugee
    Unmarried Sons or Daughters of Naturalized Citizens
    Effective Date of the CSPA


    Hi All,
    I want to know if my 19 year old son can be affected by aging out.
    I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
    Can someone who understands the aging out rules tell me if my son may have a problem?
    Thanks in advance...




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  • AMKumar
    07-20 09:57 AM
    Them democrats, they will never help us. Because as per them "we are stealing jobs". We should really start something like the flower campaign to expose all these double talkers. I mean go and see the youtube video by Hillary about how she likes legal immigrants and all that BS. Now contrast that with her "Ney" vote for an amendment which would have helped the legal immigrant community to a great extent. With the momentum that we have currently with media, we should really start exposing these people for who they are, a bunch of hypocrites!.



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  • NKR
    09-10 11:20 AM
    Just curious, is it possible they have some reasoning to push applications to the end of the year? it'll be interesting to think of what could be the reason...

    There is no reason for this madness, stop analysing, it will drive you crazy..




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  • gcadream
    03-01 04:09 PM
    There is a link on immigrationvoie.org website "when can I get my GreenCard" and to my utter shock when I clicked that I got the message that I will get my GC around 2026.
    There is a checkbox for spill over visas also, and I selected that thinking that it will move my dates before...but it got moved only till 2024.

    So does it really mean that I will get the GC around 2024 or is it just plain maths which doesn't goes practically with the changing scenarios.

    Because right now the current PD is Feb'2005 and it looks like withing 2,3 yrs it should reach Dec'2007, but this data is just my guess OR more of intuition, I'm not sure what will happen.

    In this forum there are many experienced people, if they can throw some light on this, it would really help. Otherwise things are sounding very depressing !!



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  • JunRN
    09-30 03:34 PM
    Don't expect anything from Nebraska Service Center today. Somebody from who live few minutes away from NSC said that the parking lot at NSC is empty today. Yesterday, she saw that it was full from 7 to 12 nn but was empty in the afternoon.

    What we can expect is only automatic LUDs. No overtime work for NSC. Have they used up all the FY2007 visas? They must have....if not, this fact can be used against them when we file a complain.




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  • royus77
    07-17 11:23 PM
    Given That All Dates Are Now Current And There Will Be Hundreds Of I-485 Filings By August 17, Will The Uscis Process Them In Order Of The Original Labor Cert Priority Date Or The Date Of Receipt Of The I-485 Filing Itself?
    Only on PD when the date is current



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  • indyanguy
    11-30 06:43 PM
    Inline..

    Hi All,

    This is a nice thread. Found all the answers I was looking for. Still some lingering doubts in my head::)))

    So, has anyone started working on EAD for their/or spouse's LLC?

    Don't know

    Why cant I work on my H1B instead( for my spouse's company )? That would take away some risk. Wouldnt it??

    USCIS scrutinizes H1s from startups/small companies. They might ask you to prove Ability to pay and if the company is still in it's infant stage, this might be difficult.

    Do we need to submit any tax docs( for the new company I would be moving to) when we apply for the AC21 or at any later stage??

    AFAIK, they don't ask for any tax docs when you apply for AC21.

    Can someone please answer?

    -Thanks in advance




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  • pappu
    03-12 12:24 PM
    I have been on a monthly contributions program that contributes every month to IV since JAN 2007. If this effort requires the money now, is there a way I can divert the monthly to this effort for the next 3 months. Or should I cancel my monthly contribution and just donate a lump sum for this effort?

    If you have a continuing monthly contribution, just send us an email at info at immigrationvoice.org with your name , amount per month, IV ID and we will add you to the donor group after verification



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  • needhelp!
    05-28 05:44 PM
    Thanks for your contribution. Please join us also in calling the important list of representatives: http://immigrationvoice.org/forum/showthread.php?t=19339

    Contributed $100 and ready to volunteer...
    Receipt ID: 1265-7063-2043-8518




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  • GCBy3000
    07-23 05:31 PM
    Until 2003 end most the people have filed 485. It all started when the cases were moved to BEC. Most of the cases were from 2004 and some from 2003/2/1/0. But eventually BEC cleared and some applied before 2005 Jan. So the dates moving forward for EB-3 India in next few months would be little by little roughly as below.

    OCT 2007 - USCIS will start from 2003 Jun
    NOV 2007 Dec 2003
    DEC 2007 Mar 2004
    JAN 2008 Jun 2004


    Once it reaches Mar 2005, it is going to stop for long time. I have no idea on the mess created by USCIS, but it is going to be tough for immigrants, especially from India.



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  • immm
    07-18 03:27 PM
    I am confused about receipt date?

    Is receipt date the date when they do data entry into the system or is it the date when they receive the package even though they may do data entry a month later?

    My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).

    The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
    "On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."

    Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!

    .




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  • sufferer
    02-07 10:06 AM
    Hi,
    I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.

    Here is my story:

    I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.

    I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?

    Thank you very much for taking time to read this.



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  • Mouns
    04-30 02:57 PM
    OK so they are all happy. We don't know why the backlogs or what is being done to address that. Damn it!




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  • vin13
    03-12 12:43 PM
    Yes...this how we need to work. Why you dont support the donor idea. We dont need the free riders. We need only comitted people and not junks

    I support the donor idea. But there is no transperency to who is leading what initative. If i want to contribute my time, i have to read through the posts every day for several hours to find who is leading the effort so i can discuss with them. Sometimes i feel there is so much more talk.

    Why don't we list out the initiatives that is being considered or worked on. Along with some contact information so people can discuss offline with them. I cannot be online for several hours and read through all the discussions and still not find out who is coordinating the efforts.




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  • GCBy3000
    07-06 04:54 PM
    nice and humourous. Very good.

    coz we need some place to go for vacation ;)




    chanduv23
    06-10 10:48 AM
    Why not do a flower campaign or the like, that we did last time? Clearly that worked and the phone campaign doesnt "have the appearance" of working. I am not saying it is not working, it just isint having the same media impact as last time. It doesnt have to be the flower campaign again, heck we can do a fruit basket deal this time.

    Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.

    There are reasons we MUST NOT do anything like that. Lobbying works on the long run. These days lawmmakers are more informed about the situation and it is just a matter of time.

    Do not lose hope - we will succeed.

    Please convince your friends and coworkers to make phone calls and visits to law makers offices.




    geesee
    09-12 10:59 AM
    Liked the calculator idea! Count me in..

    One qns - how are we planning to catch media's attention? It was easier during flower campagin as flowers were clearly visible in fedex/ups trucks.. But the calculators would be inside a box...



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