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  • 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





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  • ind_game
    05-20 12:15 PM
    Thanks a lot for all the members who have shared their knowledge and insight into this issue.
    Also, my special thanks to chanduv23 with whom I have been in touch through out the process with congressional office.





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  • reddymjm
    07-14 10:24 PM
    I feel IV actions are hurting EB3-I more than any one. It just my feeling. I contribited close to $500 and my time.





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  • makemygc
    08-12 01:28 PM
    Srikondo man,

    I dont care your fight with 'buddyinus' or your friendship with 'frankzulu' and whether you were travelling by air/car/ship - I would like to ask you a SIMPLE question.

    You started this thread saying that USCIS has a "deadline" for completing stuffs last Monday or last last Friday.... All of us trusted you that time - Could you please give us a responsible answer or status Update.

    I hope you will reply this time.

    Thanks,

    I guess forum is all about sharing information that we gather from different sources. No body can assert anything not even USCIS. They open up the gate for all July filer, then closed it and then re-open it again when many protested. So, when someone shared the news that USCIS is not going to accept the july filings, everyone mocked him but that came out to be true.

    Forum is all about sharing information. It depends on our judgement as how much we want to believe on that. Srikondji shared some information which he learned from the CRs, now it's up to you if you want to blindly follow that or use that information as a way to curb your anxiety.

    People started cursing logiclife when he posted about the FAQ4 to be released by friday and it didn't. But it did came after 2-3 days. So someone who shared that info with Core might have just said we are trying our best to come up with FAQ4 and will release it by Friday and core shared that info with everyone. But that doesn't mean that people should take that info as if it doesn't come on Friday, it will be the end of the world and core should loose his credibility. FAQ4 did came after couple of days and all those people who were cursing logiclife were no where to be seen.

    If you put up a clause that no-one should share the info, unless you have a word from God, I guess we'll not have more than 2 or 3 threads here.

    So guys..bottom line is stop fighting over what someone said or not, concentrate on what you are doing about it.

    As someone rightly said, "Listen to all but do what you think is right". There is similar adage in hindi but I'm not using hindi so that everyone can understand it.

    Hope you understand.



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  • gc_wow
    03-05 11:10 AM
    My case did not recieve a LUD





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  • beppenyc
    03-16 10:10 AM
    I have just called, same answer...



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  • GOTGC
    07-24 01:35 PM
    From what I understand many 485 applications(not all)received in accordance to the June bulletin MAY have been preassigned a visa number(from the leftover 60,000 visas) NOT an approval.Although they are not supposed to pre assign numbers without name checks etc, is'nt it obvious that they might have done that??. They have a lot of cases to approve until Sept 30(from that 60,000 number)


    They have preassigned Visa numbers to cases that were pending in USCIS(NOT the ones filed in JUNE)...even though the PD was not current according to June Visa Bulletein... Eg: COnsider your approval and mine..We filed for 485 in 2004.. These cases are preadjudicated and just waiting for Visa number to become avilable..Once the july bulletein came into effect(or according to rumor even before) they assigned visa numbers to all pre approved cases that were pending...AGAIN USCIS DID NOT ASSIGN VISA NUMBERS TO CASES FILED IN JUNE





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  • diptam
    08-11 05:10 PM
    hpandey,
    I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?

    How come Eb2 and Eb3 for Non-concurrent filers in TSC is moving so fast ?

    They have taken some deliberate steps internally not to process certain applications - which is Unfair and Illegal from a USCIS FIFO perspective and that is what we are trying to Protest professionally.

    Let me know what you think !

    Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.

    http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html



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  • gk_2000
    08-23 01:09 PM
    Not everyone has the luxury to go to home country to work for one year. Its like telling the Eb3 person to port to EB2. Do you accept that. There are so many issues need to be factored in. So lets not get into something which is not fair or not possible for every one. They system is f*&ked up. thats the fact. When the system is not fair, we fight to fix and not finding the loopholes.

    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?





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  • conchshell
    09-10 05:04 PM
    In the past when we predicted the visa bulletin, people came up with estimated number of visas available and based on that predictions came through, which were pretty accurate.

    Does someone know (vdlrao?) what is the rational behind this move? When new year 2009's visa quota is available, how come dates have gone so much backward. So far i was keep hearing that EB2 India will retrogress by couple of months ... but what we see in visa bulletin is a retrogression by couple of years. Are there so many people waiting between 2001 and 2003, that EB2 dates have gone back to 1 April 2003? Any thoughts?? As far as EB3 is concerned, I am speechless... god knows when these people will see any light at the end of the tunnel.



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  • Jaime
    07-20 11:41 AM
    Guys, don't be disappointed about the Cornyn amendment failing! Here's why:

    There is a lot of noise already (thanks to IV generating it) about the injustices that we legals face, and the urgent need to reform the legal GC path. I am thinking that senators have heard our friend Zoe and are now realizing that such reform is needed and are now trying to determine how to best use or spin such a potential reform in their party's favor. Therefore, even people like Clinton voted no, because if the Cornyn amendment had passed it would have denied them the visibility and publicity that a well-organized and publicized bill would generate. Clinton has spoken in our favor before, and I think that she voted nay now in order to later be part of a more visible (and politically-rewarding) solution for us.

    What we REALLY NEED TO DO right now is support IV as much as we can, and continue to create noise and get our VOICE be heard, but we need to act as a group, as a team. Work together, be heard everywhere. Enough already with us being quiet, keeping our heads down while paying taxes and taking all the abuse! We will continue to be great citizens, meet all our duties and obligations, but this time we will ALSO BE HEARD! Let's go! We're strong! We can do this!!!!!





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  • WaitingForMyGC
    02-23 04:50 PM
    I am expecting about a year forward movement for EB2 India in April 2009 bulletin.

    I'll hold you responsible if it doesn't and blame you for all the s**t I am going through due to retrogession. :-)



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  • addsf345
    11-19 01:26 PM
    One more update: Found another thread on RG's forum. This one is very specific.

    http://immigration-information.com/forums/showpost.php?p=25447&postcount=7

    Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21

    --------------------------------------------------------------------------------

    Let my try to clarify my answer, since I didn't do that good a job previously.

    An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.

    For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.

    In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.

    Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.

    desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???

    is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.





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  • HV000
    09-28 11:43 PM
    Can all of us at least send a joint request/letter to Rep Lofgren to ask USCIS to formalise a procedure for re-capture of visa numbers?I guess USCIS can do this without any senate approvals.At least ,this will decrease retrogression a little.Any major reform looks unlikely anyways till year 2009...

    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!



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  • vayumahesh
    10-22 12:30 PM
    spicy_guy,
    Please read my previous message regarding date filed etc.,





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  • optimystic
    09-10 05:00 PM
    I still don't get it how USCIS works...:( Guess its high time somebody from USCIS writes a book or whitepaper on this subject. Or some post-grad can try writing a thesis on this to get their PhD! :rolleyes:

    And if he is a immigrant student trying for GC, then he could include his own biography in his thesis :D



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  • digital2k
    05-13 02:34 PM
    Don't wait any longer

    Everyone must call

    Thank You for helping Yourslef





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  • bigboy007
    06-02 07:53 PM
    Hey Canadian Dream:

    I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.

    I might agree with your conclusion of start date, but Now coming to to cases :

    Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.

    An approved petition may server as basis for issuance of an immigrant visa.

    and for all people who are still in Labor stage will preserve their priority date.

    Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.

    I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
    ===========================

    40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
    41 for an employment-based visa filed for classification under
    42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
    43 Act (as such provisions existed prior to the enactment of this
    44 section) that were filed prior to the date of the introduction of
    265
    1 the [Insert title of Act] and were pending or approved at the
    2 time of the effective date of this section, shall be treated as if
    3 such provision remained effective and an approved petition may
    4 serve as the basis for issuance of an immigrant visa. Aliens with
    5 applications for a labor certification pursuant to section
    6 212(a)(5)(A) of the Immigration and Nationality Act shall
    7 preserve the immigrant visa priority date accorded by the date
    8 of filing of such labor certification application.





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  • santb1975
    05-23 10:29 PM
    Thankyou for the contribution

    Contributed $100 today.

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    BECsufferer
    03-04 12:55 PM
    Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.

    There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:

    A loan application can be denied for any reason and as amatter of fact due to current financial mess, lenders are very wary. So don't be surprised by denial. Try another place.

    I secured loan after 2.5 months of constant battle. My lender tried all possible means to discourage me and only after I fired-back with technical arguments did they clear my loan. But than I was also asking for 5% down, which nowdays is no more entertained by lenders.

    Try different sources and atleast you have the house in possesion. You will get a new lender, don't worry!





    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



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