chanduv23
02-24 11:49 AM
The Congressional Hispanic Caucus has successfully blocked consideration of all immigration legislation until amnesty is brought up for a vote. Unless and until the issue of amnesty is resolved, we aren't going to see anything. On the other hand, if amnesty is voted down, then expect to see just about everything else passed.
The good news is that the jobs bill is ready to pass the Senate within the next day or two. On Thursday, they are going to have the health care summit. At that point, they will either decide to push the health care bill through via reconciliation, or go into extended negotiations with the Republicans. Either way, it definitely looks like a window might open up for CIR in the next couple of weeks.
The above is what Ron Gotcher (imminfo.com) says rather gives hope for the future!
Positive attitude and optimism helps the community but many a time the profit making motive of those in this business may want to create hope and sensationalism among the community for their own business interests - nothing wrong though, but people who are desperate, may percieve it in such a way that it is instant good news and glorify the messenger.
The good news is that the jobs bill is ready to pass the Senate within the next day or two. On Thursday, they are going to have the health care summit. At that point, they will either decide to push the health care bill through via reconciliation, or go into extended negotiations with the Republicans. Either way, it definitely looks like a window might open up for CIR in the next couple of weeks.
The above is what Ron Gotcher (imminfo.com) says rather gives hope for the future!
Positive attitude and optimism helps the community but many a time the profit making motive of those in this business may want to create hope and sensationalism among the community for their own business interests - nothing wrong though, but people who are desperate, may percieve it in such a way that it is instant good news and glorify the messenger.
gc_wow
02-18 03:07 PM
It is April new numbers for the quarter will be available.My guess is EB2 I will move beyond April 1 2004.Once it crossess 2004 then it will be almost in 2006 not many cases in 2005.
Jaime
09-12 04:24 PM
bump
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...
more...
guy03062
04-25 08:56 AM
It is absolutely make sense. We should push amendment for PD to be considered as date of arrival in USA (first time) or may be date on which one has started working (if employment based immigration). It is ridiculous to have PD based on labor, as there is no certainity when will employer file the labor or how many times in this dynamic environment!!
Also we should ask if one's I-140 is approved and visa is retrogressed, he should allow portability immediately! I mean no need to start GC process all over again if such person change the job.
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
Also we should ask if one's I-140 is approved and visa is retrogressed, he should allow portability immediately! I mean no need to start GC process all over again if such person change the job.
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
sri1309
08-14 02:06 PM
Sree,
Headless chicken.. You called me headless chicken .. how dare you.. :)
Just kidding.. You are perfectly right.. Thats the right word and I have said the same even in my first post here. I would request again somebody from IV admin group to take the lead and gather all EB3 to one forum to make a difference. I see atleast 4-5 threads here with same topic.
I would suggest the campaign can have "Visa number recapture, immediate greencard for anyone more than 5 years legally in the US, make all cases current, but apply the quotas at H1 or F1 levels and no limits at GC level. I have many ideas,. but we all must come together and ask just a couple of things or one (recapture) and fight for it. We can do other things too, but a flower campaign will not hurt. IN the worst case it will not make any effect.
We can always send cards which is much easier than flower..
Please come up with something and we can make some progress. Assuming OCt bulletin is coming out on Sep 10th, we have just 26 days to make any difference. That too it must reach them way in advance to effect any change. Lets set a deadline of Aug 25th and do it..
Sri.
Headless chicken.. You called me headless chicken .. how dare you.. :)
Just kidding.. You are perfectly right.. Thats the right word and I have said the same even in my first post here. I would request again somebody from IV admin group to take the lead and gather all EB3 to one forum to make a difference. I see atleast 4-5 threads here with same topic.
I would suggest the campaign can have "Visa number recapture, immediate greencard for anyone more than 5 years legally in the US, make all cases current, but apply the quotas at H1 or F1 levels and no limits at GC level. I have many ideas,. but we all must come together and ask just a couple of things or one (recapture) and fight for it. We can do other things too, but a flower campaign will not hurt. IN the worst case it will not make any effect.
We can always send cards which is much easier than flower..
Please come up with something and we can make some progress. Assuming OCt bulletin is coming out on Sep 10th, we have just 26 days to make any difference. That too it must reach them way in advance to effect any change. Lets set a deadline of Aug 25th and do it..
Sri.
more...
shivarajan
03-07 02:30 AM
"Bindas maamu!"
After all those hopes & anticipations (esp. with recent soft lud's thingy) things are going to be bad in upcoming bulletin rather than good (or at least neutral).
It's difficult to rule out news/hint provided by the website to be incorrect so v are officially screwed?
To "sri1309" : Ur curse may have cast its spell?
After all those hopes & anticipations (esp. with recent soft lud's thingy) things are going to be bad in upcoming bulletin rather than good (or at least neutral).
It's difficult to rule out news/hint provided by the website to be incorrect so v are officially screwed?
To "sri1309" : Ur curse may have cast its spell?
ngaheer
09-09 04:52 PM
Here is a small contribution of $100.00 towards the rally. Go IV.
Transaction ID: 3C843613FY738681B
Transaction ID: 3C843613FY738681B
more...
Raju
07-06 02:27 PM
The USCIS automated line for Priority dates is still playing the PD's for June 2007 showing that EB-3 India cut off June 1st 2003 etc..
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
They were/are so busy approving cases that they donot have time to update the message. Everyone from Janitors to Execs have been working for the last week to approve those 66K cases.
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
They were/are so busy approving cases that they donot have time to update the message. Everyone from Janitors to Execs have been working for the last week to approve those 66K cases.
trueguy
02-23 01:11 PM
people,
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
Here start the fresh round of stories. Now we will hear many stories like this but don't know what to believe until it actually happens. I just hope (and pray) that what you said is true and Govt start treating legals and illegals separately.
Thanks.
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
Here start the fresh round of stories. Now we will hear many stories like this but don't know what to believe until it actually happens. I just hope (and pray) that what you said is true and Govt start treating legals and illegals separately.
Thanks.
more...
amitjoey
04-29 03:39 PM
We will start calling. Thanks. We should leave no stone unturned. No doubts. Just do it!!
beppenyc
03-08 02:07 PM
Sorry,
any mention to any guest working program? I think that if they agree in this point we can see any improuvement on the backlog and "never ending story" in the Green Card process.
any mention to any guest working program? I think that if they agree in this point we can see any improuvement on the backlog and "never ending story" in the Green Card process.
more...
julsun
01-03 12:29 PM
If they are processing september 16th then we should have received our APs long time ago.
Please provide me the info on contacting NSC. I need to find out what's going on with my application
Thanks for your help !!!
I had called up on 1800-375-5283
Please provide me the info on contacting NSC. I need to find out what's going on with my application
Thanks for your help !!!
I had called up on 1800-375-5283
wandmaker
05-22 06:02 PM
I have made a one time contribution of $100.
Thank you! Go IVans Go!!
Thank you! Go IVans Go!!
more...
she81
04-30 02:14 PM
At the end of July. I'm not aware of National processing centers. Are there still labor applications stuck there?
NKR
06-25 03:38 PM
This is thread for What America is loosing...
I find it out of context. Please elaborate - I feel some hiddem message is there - needs to clearly come out.
Why is loosing such a loosely used word?. Guys, it is losing not loosing. Lose and loose have different meanings.
I find it out of context. Please elaborate - I feel some hiddem message is there - needs to clearly come out.
Why is loosing such a loosely used word?. Guys, it is losing not loosing. Lose and loose have different meanings.
more...
rck4evr
09-13 09:09 AM
Contributed $100 through Paypal
Confirmation Number: 24145549BE0457255
Confirmation Number: 24145549BE0457255
GayatriS
01-08 06:43 PM
And respect and humility are another thing that differentiate us Indians from others!
gc28262
08-08 08:30 AM
Since we are trying to address I-140 delays in general at TSC and NSC, can we just send a general letter to Ombudsman's office without specifying our case and DHS Form 7001 ?
This way it will turn out to be a letter campaign.
What do you think ?
This way it will turn out to be a letter campaign.
What do you think ?
Libra
09-12 12:54 PM
thank you ska_iit
adhantari
07-06 10:56 AM
funding problem.... IV has around 450K in assets...........
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