NKR
09-11 04:14 PM
I m in ...They really dont know what they are doing ...How hard is it to find pending applications in thier database ?
Move to 2006 and approve 2006 cases and move it back to 2003 ...wow they really need help
This is frustating, I am yet to recover from the shock, I have started preparing to file premium H1 renewal next month. My PD is current but I have no hope of my 485 getting approved this month. I feel betrayed.
Move to 2006 and approve 2006 cases and move it back to 2003 ...wow they really need help
This is frustating, I am yet to recover from the shock, I have started preparing to file premium H1 renewal next month. My PD is current but I have no hope of my 485 getting approved this month. I feel betrayed.
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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...
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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pappu
11-10 12:07 PM
jimi i will be communicating with you soon. i am travelling at this time but soon will touch base to get this rolling. thanks for your efforts
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snathan
05-15 10:13 PM
Shan - I totally understand your frustration and where you are coming from. I had the same level of aggression when i first started participated in IV activities and I am sure, a lot of people want to pursue things in an aggressive manner.
But lets calm down for a minute.
The OP initially contacted IV after googling up and came across our threads and I spoke to him. He was frustrated with opening two MTRs and was looking into mandamus.
I requested him to do the following - exhaust all adminisrative procedures first. Contact Ombudsman, Senators, Congressman, try all options.
See - these kind of decisions are not easy and not not everyone understands this stuff.
Once you go to court, it may take a couple of hearings and you will also have the other side arguing their cause.
We must always remember that - we are in a civilised nation and people on the other side are willing to listen and try to resolve stuff in the best way possible
- Lobbying, awareness etc.. are basic principles of IV .
we are not here to teach someone a lesson or fight with someone - we are here because we want our issues resolved and we must work in the best possible way.
Nevertheless - one must know how litigation also works in case that is the only option.
I request people to please share their ideas and thoughts on how to tackle such issues.
Let frustration not dictate your views. I understand that we all want issues to be resolved and get really aggressive on these forums - but lets just relax and think and see what is the best possible solution.
I totally agree with you on this. But I am not talking about the MTR. I am talking about the fee issues. Why do we need to pay if its their mistake. I dont think we are talking about the fee waiver with congress men's office or anyone else.
But lets calm down for a minute.
The OP initially contacted IV after googling up and came across our threads and I spoke to him. He was frustrated with opening two MTRs and was looking into mandamus.
I requested him to do the following - exhaust all adminisrative procedures first. Contact Ombudsman, Senators, Congressman, try all options.
See - these kind of decisions are not easy and not not everyone understands this stuff.
Once you go to court, it may take a couple of hearings and you will also have the other side arguing their cause.
We must always remember that - we are in a civilised nation and people on the other side are willing to listen and try to resolve stuff in the best way possible
- Lobbying, awareness etc.. are basic principles of IV .
we are not here to teach someone a lesson or fight with someone - we are here because we want our issues resolved and we must work in the best possible way.
Nevertheless - one must know how litigation also works in case that is the only option.
I request people to please share their ideas and thoughts on how to tackle such issues.
Let frustration not dictate your views. I understand that we all want issues to be resolved and get really aggressive on these forums - but lets just relax and think and see what is the best possible solution.
I totally agree with you on this. But I am not talking about the MTR. I am talking about the fee issues. Why do we need to pay if its their mistake. I dont think we are talking about the fee waiver with congress men's office or anyone else.
more...
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indyanguy
08-13 04:51 PM
I believe everyone is thinking in the same direction... but if and only if we're able to come out of the blackhole called I-140.
Well, you don't need to wait for I-140 to come out of the blackhole if you are dumping the old case and starting a new EB2 case. According to my lawyer, new EB2 140s are getting processed at a much higher rate than those EB3 140s that were filed July 07.
Well, you don't need to wait for I-140 to come out of the blackhole if you are dumping the old case and starting a new EB2 case. According to my lawyer, new EB2 140s are getting processed at a much higher rate than those EB3 140s that were filed July 07.
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snathan
08-23 02:33 PM
There is a difference, my friend. Porting to EB2 means you have to spend LOTS of $$$ and time and effort to get masters degree.
No matter how you look at it, it is not wise to hack away at any door that's open to all. We should look at expanding our vistas, not shrink it. What if I tell you I am thinking of starting up a co in India, so some day I can make it here using the EB1 route? Why do you want to prevent me from availing this opportunity and making my sacrifices -- just because you feel it will help YOU move forward by ONE INCH?
How about people are using it as a loop hole and smack you down. Just because you have the option, it does not mean the right thing.
No matter how you look at it, it is not wise to hack away at any door that's open to all. We should look at expanding our vistas, not shrink it. What if I tell you I am thinking of starting up a co in India, so some day I can make it here using the EB1 route? Why do you want to prevent me from availing this opportunity and making my sacrifices -- just because you feel it will help YOU move forward by ONE INCH?
How about people are using it as a loop hole and smack you down. Just because you have the option, it does not mean the right thing.
more...
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va_dude
03-04 10:06 AM
I don't think this is a pattern, its probably specific just to the lender you were working with.
Frankly speaking the lender has the right to deny you the loan for whatever reason they feel is risky. So no point arguing with them.
Try another lender and hope it works.
-va_dude
Frankly speaking the lender has the right to deny you the loan for whatever reason they feel is risky. So no point arguing with them.
Try another lender and hope it works.
-va_dude
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CHHAYA
09-01 01:56 PM
Landed in Aug/2001 on H1B
Changed Employer in Apr 2002
Filed Labor May 03
Labor Approved in 06
Filed I-140 and approved in late 06
Filed I - 485 in 07
Surviving on EAD.
Changed Employer in Apr 2002
Filed Labor May 03
Labor Approved in 06
Filed I-140 and approved in late 06
Filed I - 485 in 07
Surviving on EAD.
more...
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susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
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acecupid
08-26 11:37 AM
Getting a loan from ICICI is very easy and convenient, but they rip you off on interest rates. So you have to evaluate the pros and cons. HDFC gives better rates and pretty reasonable service. Bottomline : its a trade off between interest rates and the service(ease of getting loans).
Just for fyi.. I have a loan with ICICI and pretty happy with my deal.
Just for fyi.. I have a loan with ICICI and pretty happy with my deal.
more...
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alterego
07-06 02:00 PM
I think they have to be current when they get an appointment or something like that. I am pretty sure that they accounted those 18k as CP numbers
Definitely not when you get the appointment. I am 100% certain of that. There have been cases of people going for the consular appointment and not getting it as dates retrogressed.
Only possibility is that the cases up to May were the 66K for 485s PLUS 18K for CP throughout the year until may. Right now noone wanting to get into the system will go for CP.
Definitely not when you get the appointment. I am 100% certain of that. There have been cases of people going for the consular appointment and not getting it as dates retrogressed.
Only possibility is that the cases up to May were the 66K for 485s PLUS 18K for CP throughout the year until may. Right now noone wanting to get into the system will go for CP.
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AllVNeedGcPc
03-22 09:42 PM
... I thought all 485s from our times were already pre-adjudicated by now.
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
more...
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rvr_jcop
03-04 11:42 AM
Is your case at NSC? I have definitely noticed a pattern of pre-adjudcation activity from NSC for cases filed in July-August 2007.
I noticed that too, especially if the PD is 2003 or 2004, both EB2 and EB3.
I noticed that too, especially if the PD is 2003 or 2004, both EB2 and EB3.
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va_dude
03-04 10:06 AM
I don't think this is a pattern, its probably specific just to the lender you were working with.
Frankly speaking the lender has the right to deny you the loan for whatever reason they feel is risky. So no point arguing with them.
Try another lender and hope it works.
-va_dude
Frankly speaking the lender has the right to deny you the loan for whatever reason they feel is risky. So no point arguing with them.
Try another lender and hope it works.
-va_dude
more...
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singhsa3
09-12 02:48 PM
We don't need 70K people. 50-100 will do. But we do need a media strategy.
only 30 people have voted so far....and we are talking about organizing 70,000 People.....Most of the users come here to get the latest news related to GC and to get answers to their questions....50% of users won't even log in to the site if they don't have any "URGENT Question" or "Need Help.."( I know that 50% of my friends don't log in to the site everyday) Type of questions to Post...I bet more then half of the users won't be aware of these efforts that we are trying to put in. I think we need to first inform everybody that IV needs theirs support. we should send emails to every users to come and check the site..
only 30 people have voted so far....and we are talking about organizing 70,000 People.....Most of the users come here to get the latest news related to GC and to get answers to their questions....50% of users won't even log in to the site if they don't have any "URGENT Question" or "Need Help.."( I know that 50% of my friends don't log in to the site everyday) Type of questions to Post...I bet more then half of the users won't be aware of these efforts that we are trying to put in. I think we need to first inform everybody that IV needs theirs support. we should send emails to every users to come and check the site..
cool computer backgrounds for girls. computer backgrounds for girls. wallpaper of pretty girls; wallpaper of pretty girls. TheSVD. Mar 5, 07:16 AM. Thanks for the kind words!
pointlesswait
03-18 01:35 PM
what about: married filing separately..since both me and my wife are on H1.. we filed separetly last year for some vague reasons!
more...
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GC_Applicant
07-17 11:02 PM
I am in Orange County. Count Me in.
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dpp
10-11 09:00 PM
We cannot start a S-corp on EAD. Need to be GC holder or US Citizen.
The Internal Revenue Code provides that a Corporation filed with any U.S. state shall be taxed under "Subchapter C." This essentially means that all Corporations start out as C-Corporations for tax purposes.
Should a Corporation's owners later wish to be taxed as an S-Corporation, they would file a "Subchapter S" federal tax election (Form 2553) within 75 days of incorporating or within 75 days of the beginning of the calendar year. To do this, the Corporation would need to have less than 100 owners, all of whom must be either U.S. Citizens or permanent resident aliens ("green card" holders). Once the "S" tax election is made, the return to be filed is the 1120 "S", rather than the 1120. Whether or not you decide to be taxed as an S-Corporation, your company is still a "General Corporation" in the eyes of the state of incorporation.
http://www.incnow.com/incorporating.shtml
http://www.legalzoom.com/incorporation-guide/definition-of-s-corporation.html
But we can setup Solo or Partership or C-Corp. Don't run into legal issues by setting up S-Corp on EAD, before getting GC.
Good luck.
The Internal Revenue Code provides that a Corporation filed with any U.S. state shall be taxed under "Subchapter C." This essentially means that all Corporations start out as C-Corporations for tax purposes.
Should a Corporation's owners later wish to be taxed as an S-Corporation, they would file a "Subchapter S" federal tax election (Form 2553) within 75 days of incorporating or within 75 days of the beginning of the calendar year. To do this, the Corporation would need to have less than 100 owners, all of whom must be either U.S. Citizens or permanent resident aliens ("green card" holders). Once the "S" tax election is made, the return to be filed is the 1120 "S", rather than the 1120. Whether or not you decide to be taxed as an S-Corporation, your company is still a "General Corporation" in the eyes of the state of incorporation.
http://www.incnow.com/incorporating.shtml
http://www.legalzoom.com/incorporation-guide/definition-of-s-corporation.html
But we can setup Solo or Partership or C-Corp. Don't run into legal issues by setting up S-Corp on EAD, before getting GC.
Good luck.
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snathan
02-13 10:43 PM
So Mr Nathan, email me when you have contributed more than $500
I dont deal with junks...when you are so mean to spend a penny for your parents, every one knows how much you would have contributed for IV.
I dont deal with junks...when you are so mean to spend a penny for your parents, every one knows how much you would have contributed for IV.
Keeme
08-14 05:05 PM
guys i think USCIS is not interested in giving EB 3 guys GC...
as mostly EB 3 guys r ppl with Bachelors (and less than 5 yrs exp) or who are stuck with EB3 due to there company (like me)...
EB 2 guys r mostly with ppl having masters degree from US...so i guess they will definetly get more preference than eb3...
I guess US wants to raise there economy by giving GCs...so that ppl more ppl will buy houses....
I hope something happens for EB3 also...but I guess in Oct bulletin PD for EB3 will b some month in 2001....
so gud luck to all of us
I don't agree with it and hope not ! As latest Visa bulleting states - DOS people had predicted and planned - They will move EB3 dates forward to cover all June applicants - that means moving cut-off dates for EB3 - India to Jun 2003 as per Jun 2007 bulletin. For some reason - they see heavey demand now and it may not be the case in next bulletin. Still they beleive its diffcult to predict any dates for EB3 before mid Sept. They are working and intention are there to help EB3 applicants. That leads to make me believe that dates for EB3 - India would move to somewhere Nov-Dec 2002 to Jan-Feb 2003 in next bulletin.
as mostly EB 3 guys r ppl with Bachelors (and less than 5 yrs exp) or who are stuck with EB3 due to there company (like me)...
EB 2 guys r mostly with ppl having masters degree from US...so i guess they will definetly get more preference than eb3...
I guess US wants to raise there economy by giving GCs...so that ppl more ppl will buy houses....
I hope something happens for EB3 also...but I guess in Oct bulletin PD for EB3 will b some month in 2001....
so gud luck to all of us
I don't agree with it and hope not ! As latest Visa bulleting states - DOS people had predicted and planned - They will move EB3 dates forward to cover all June applicants - that means moving cut-off dates for EB3 - India to Jun 2003 as per Jun 2007 bulletin. For some reason - they see heavey demand now and it may not be the case in next bulletin. Still they beleive its diffcult to predict any dates for EB3 before mid Sept. They are working and intention are there to help EB3 applicants. That leads to make me believe that dates for EB3 - India would move to somewhere Nov-Dec 2002 to Jan-Feb 2003 in next bulletin.
sreeanne
03-13 05:30 PM
I filed AP on Jan 4th 2008 and today i saw soft LUD on that and no update status. Seems that some of other members also got soft LUDs on APs today. Dont know what that means? Looks like it take 3-4more months to get AP.
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