GCVir
07-28 08:36 PM
Age Out Issue for filing I-485: Gurus, please advise me on the age out issue of my son.
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
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WaldenPond
03-16 10:08 AM
I just called .... same reply. But more calls (pressure) would help.
dpuranik
07-15 10:36 PM
Thanks
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mrajatish
04-26 10:00 AM
On a side note, some countries have treaty with US where there SS/Medicare is moved to the SS/Medicare systems in these countries. If India/China had these treaties, we would be well served. Instead of asking the US govt. to fix the problem, we should push our governments to solve this - I believe NASSCOMM has been trying something like this.
And this is a completely separate issue from getting GC here, if you want GC here, you should focus on getting that instead of getting your SS back. However, there might be a percentage who wants to go back after 6 years in H1 and they should form an alliance and push the Indian/Chinese/other govts to act on their behalf to get their money back.
It is important that we get a single message across to law makers now - reduce Green card wait times and make employees less dependent on the whims of the employers regardless of your category of application and country of birth.
And this is a completely separate issue from getting GC here, if you want GC here, you should focus on getting that instead of getting your SS back. However, there might be a percentage who wants to go back after 6 years in H1 and they should form an alliance and push the Indian/Chinese/other govts to act on their behalf to get their money back.
It is important that we get a single message across to law makers now - reduce Green card wait times and make employees less dependent on the whims of the employers regardless of your category of application and country of birth.
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desperatedesi
09-10 02:04 PM
Hello,
I would have loved to be there in DC but here is my small contribution of $100
Google Order #211034816607767
Thanks
DD
I would have loved to be there in DC but here is my small contribution of $100
Google Order #211034816607767
Thanks
DD
jthomas
08-13 06:50 PM
Since EB3- I is doomed can I apply for consular processing and move to canada since i recently got canadian green card. I have a EAD and AP and I am in H1B status too.
Gurus please suggest.
Maybe if many EB3-I guys would move to another country. Some actions may be seen.
EB3-I PD Oct 06
Gurus please suggest.
Maybe if many EB3-I guys would move to another country. Some actions may be seen.
EB3-I PD Oct 06
more...
Marphad
07-06 03:45 PM
Please...Please....Please don't reply within one hour.
He is already banned :). Your post was good.
He is already banned :). Your post was good.
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desi485
11-14 05:36 PM
It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
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samnay
07-18 01:11 PM
Contributed another $100. I am not very active member on this board but I do follow it regularly and I have made contributions in the past.
Let me also take this opportunity to thank IV for putting legal EB immigration on the front page and its ability to galvanize the grass-root efforts in the momentum not seen before. I think we can only go forward from here and if we keep united, make regular contributions and fight for our justified cause, we can do wonders!
I will also exhort other non-members and members for bringing in more people to this forum and helping with contributions.
Thanks
Let me also take this opportunity to thank IV for putting legal EB immigration on the front page and its ability to galvanize the grass-root efforts in the momentum not seen before. I think we can only go forward from here and if we keep united, make regular contributions and fight for our justified cause, we can do wonders!
I will also exhort other non-members and members for bringing in more people to this forum and helping with contributions.
Thanks
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unseenguy
02-11 01:24 AM
yes, my previous reply to your post was a bit sarcastic. Didnt mean to offend anyone!
Using your same token, can we say "there are many idiots here who don't know what parenting is and use their parents to get a life for themselves and then ditch them?"
Dude, straitjacketing doesn't work and as you said, it is totally based on circumstances. :)
Yeah right . You dont mean to offend by being sarcastic. Why are you in US? Go take care of your old parents in India? More than your money they need your physical presence there.
Oh wait, you probably have a brother who did not study much or maybe a sister in India who is taking care of them and you only provide monetory support.
And yes, I dont care if this offends you.
Using your same token, can we say "there are many idiots here who don't know what parenting is and use their parents to get a life for themselves and then ditch them?"
Dude, straitjacketing doesn't work and as you said, it is totally based on circumstances. :)
Yeah right . You dont mean to offend by being sarcastic. Why are you in US? Go take care of your old parents in India? More than your money they need your physical presence there.
Oh wait, you probably have a brother who did not study much or maybe a sister in India who is taking care of them and you only provide monetory support.
And yes, I dont care if this offends you.
more...
clemsonite
09-02 01:01 PM
Well, you could still try and apply in EB2, as you mentioned earning a master's degree.
I am one of those who came in 98 on F1 and went through 3 different GC processes (all EB2) to finally see the CPO email now. No regrets though, as I changed employers a few times (resulting in dropping the first two GC processes) to achieve growth (higher salaries, actually).
All the best to everyone waiting.
Thanks all.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
I am one of those who came in 98 on F1 and went through 3 different GC processes (all EB2) to finally see the CPO email now. No regrets though, as I changed employers a few times (resulting in dropping the first two GC processes) to achieve growth (higher salaries, actually).
All the best to everyone waiting.
Thanks all.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
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skv
08-12 02:55 PM
Hi Lonedesi and team,
I wish, I could move forward on this, unfortunately my employer a financial firm , will not sign or support the DHS Form 7001 due to legality, instead I can just send the letter by E-mail or mail to Ombudsman's office ?
Does it make sense ? Please advise.
Thank you!
I wish, I could move forward on this, unfortunately my employer a financial firm , will not sign or support the DHS Form 7001 due to legality, instead I can just send the letter by E-mail or mail to Ombudsman's office ?
Does it make sense ? Please advise.
Thank you!
more...
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jonty_11
07-05 01:38 PM
just called CO senators offices....
talked to Immi incharges...and explained the fiasco.....
Expecting a call back from Sen Salazar's office...will update on this later.
talked to Immi incharges...and explained the fiasco.....
Expecting a call back from Sen Salazar's office...will update on this later.
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amdavad
03-14 07:47 AM
We received RI. Recruitment period is from 03/19 to 04/18. It seems thing are moving.
MA/10-2003/TR
MA/10-2003/TR
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mango_man
06-11 08:28 PM
Who is this guy selling mangoes ?
Admin, can we have any control on such posts.
Not selling my dear friend. Just asking everybody to enjoy the taste of delicious Indian mangoes.
Admin, can we have any control on such posts.
Not selling my dear friend. Just asking everybody to enjoy the taste of delicious Indian mangoes.
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gc_dream07
03-04 01:26 PM
I had soft LUDS 2 weeks ago. I do not know if it means anything.
more...
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glus
07-06 01:09 PM
chertoff will be the one who will be questioning/grilling/waterboarding USCIS....not resigning....
OK, so , let his loose some nerves like we did. Let him have a few weeks of sleepless nights and then he will understand.....:mad:
OK, so , let his loose some nerves like we did. Let him have a few weeks of sleepless nights and then he will understand.....:mad:
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chisinau
07-23 03:06 AM
You are welcome!
I am not sure about DS230, my attorney did it around 27 - 29 of June.
I am not sure about DS230, my attorney did it around 27 - 29 of June.
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test101
07-05 02:35 PM
Called up Sen Casey's office and I was told that in the local office they cant do much about a mass enquiry but he volunteered to do it on a personal basis for my case in particular.
awsome.. that's a good news....good luck
awsome.. that's a good news....good luck
swo
07-22 01:11 PM
One major issue is, every year they are going to receive 600K EAD renewals. They will never get time to work on 485, but life long working on renewing this EAD's and no more further GC processing.
Remember...some of these 600K will get the GCs or have them denied. For example, concurrently filed I-140s will be denied etc. So the numbers may reduce over time.
....
So, no worries. There must be a solution ahead for us.
Correct. They will have ways of trying to cope. If they need more workers, they will somehow get them.
Remember...some of these 600K will get the GCs or have them denied. For example, concurrently filed I-140s will be denied etc. So the numbers may reduce over time.
....
So, no worries. There must be a solution ahead for us.
Correct. They will have ways of trying to cope. If they need more workers, they will somehow get them.
Macaca
10-01 04:07 PM
If the USCSI didnt have enough applications to be assigned the VISA , then why are they so conservative in making the cutoff dates move ahead. What is the harm in pro-actively moving the cutiff dates, to amek sure no visa gets wasted.
A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
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