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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Madhuri
10-21 12:23 PM
Just emailed and will also send a snail mail tonight.
Saralayar
03-04 03:36 PM
bole to sub ka current booking main chance lagta hai....ticket milega...subko...:)....bahoot jaldi....
What do you mean buddy??. It is a common forum. Use common language. For lot of people it looks like "Greek and Latin":confused:.
What do you mean buddy??. It is a common forum. Use common language. For lot of people it looks like "Greek and Latin":confused:.
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sam_hoosier
01-03 04:06 PM
I plan on staying here for 5 more years and then I am going back - GC or no GC ;)
After having lived in the US for 8 yrs, I still find myself craving for all things Indian - food, grocery, music, friends, movies, TV channels etc.
For me GC is just a convenience which will allow me to change jobs and hopefully get to the level that I should have if I had not been stuck because of the H1B.
My kids are US citizens and they are free to come back & study/work/live here when they are old enough to make that decision.
To go back after having managed to get here was a tough decision to make, but the whole retrogression thing has made it easier for me.
After having lived in the US for 8 yrs, I still find myself craving for all things Indian - food, grocery, music, friends, movies, TV channels etc.
For me GC is just a convenience which will allow me to change jobs and hopefully get to the level that I should have if I had not been stuck because of the H1B.
My kids are US citizens and they are free to come back & study/work/live here when they are old enough to make that decision.
To go back after having managed to get here was a tough decision to make, but the whole retrogression thing has made it easier for me.
more...
gc_wow
03-12 11:57 AM
roughly I have donated close to $300-$400 for IV,i dosent matter if it says donor or member what ever as long as you are contributing something to iV.Ieven donated 25 for foia.
chisinau
08-01 11:55 AM
Latest update from shusterman about bridge legislation for schedule A:
Now, Senator Schumer is seeking to attach the Hutchison-Durbin Amendment to a piece of "must pass" legislation in August. For more information about the immigration of nurses and physical therapists, see "Nurse" page at
http://shusterman.com/toc-rn.html
and "Allied Health Professionals" page at
http://shusterman.com/toc-ahp.html
Hope they will pass it this time....
Questions:
When will be the August recess?
Are there any "must pass" bills, good for such an attachment, scheduled in the senate before the August recess? :confused:
Now, Senator Schumer is seeking to attach the Hutchison-Durbin Amendment to a piece of "must pass" legislation in August. For more information about the immigration of nurses and physical therapists, see "Nurse" page at
http://shusterman.com/toc-rn.html
and "Allied Health Professionals" page at
http://shusterman.com/toc-ahp.html
Hope they will pass it this time....
Questions:
When will be the August recess?
Are there any "must pass" bills, good for such an attachment, scheduled in the senate before the August recess? :confused:
more...
gk_2000
04-21 06:26 PM
My hearty congratulations..
Your degree was 3 yr or 4?
I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey
1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006
2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007
3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)
4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011
5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)
6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)
Wish the very best to everyone else waiting on the GC line.
Your degree was 3 yr or 4?
I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey
1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006
2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007
3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)
4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011
5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)
6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)
Wish the very best to everyone else waiting on the GC line.
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needhelp!
03-12 03:40 PM
Please do not convince your friends.
If you are yourself not contributing, how will you convince them to contribute. :D
Agree with you.
If you are yourself not contributing, how will you convince them to contribute. :D
Agree with you.
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Keeme
03-04 12:46 PM
Forgot to mention, my attorney did state that their office received an approval 2 weeks back whose priority date was not even close to current. She did not share the specifics.
I just checked my online status and it doesnt have any updates since 2007, states its received and pending... Not sure how current is the online info.
I also learned from my attorny office that a case with out having PD current was approved. Will get specifics today on that case.
I just checked my online status and it doesnt have any updates since 2007, states its received and pending... Not sure how current is the online info.
I also learned from my attorny office that a case with out having PD current was approved. Will get specifics today on that case.
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mirage
04-01 02:33 PM
Guys don�t presume you don�t have rights for this and that. late in spring of 2005 I had a meeting with my state�s senator and he took all my details and wrote to Backlog Center in Philadelphia. After 2 months his office called me and send me the correspondence they got from BEC. They had description about my file etc. my labor was cleared in a month after that. Apparently BECs informed his office about the approval too, and to my surprize they called me up again and told me the news. They are public office they are answerable to us, we need to ask�Mirage,
I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.
We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.
I think the same is true in your country.
How do think would your people or governmnet react if a foreigner in your country start to question your immigation policy.
Think about that.
I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.
We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.
I think the same is true in your country.
How do think would your people or governmnet react if a foreigner in your country start to question your immigation policy.
Think about that.
more...
pamposh
07-11 01:18 PM
I do not get it either. They seem to have this very complex formula to determine where to move the cutoff dates or they simply roll a dice. Is there no transperancy. Sometimes I figure I should just not be bothered. It is black box!!. But I can really not do that!. Atleast we are participating actively in the call campaigns. But is that all we can do?
EB3- June 2003, India
Don't worry be happy... atleast for a day. Coz I don't think it is going to last for very long. It is an Aug 08 fiasco instead of July 07 and this time they are being a lil reserved and not making the dates all the way current. Ofcourse there would be some lucky draws who get their GCs, we will have to wait and watch coz thatz all we (most of us) can do at this point.
Guess what, they are all celebrating my Birthday and that is why.
Pamposh.
EB3- June 2003, India
Don't worry be happy... atleast for a day. Coz I don't think it is going to last for very long. It is an Aug 08 fiasco instead of July 07 and this time they are being a lil reserved and not making the dates all the way current. Ofcourse there would be some lucky draws who get their GCs, we will have to wait and watch coz thatz all we (most of us) can do at this point.
Guess what, they are all celebrating my Birthday and that is why.
Pamposh.
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gchope07
07-20 01:06 PM
Well even if the amendment would have passed the chances that Bush would not veto it are very less since it had to do with troop withdrawal.
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pappu
08-12 10:57 AM
Senate just passed the border bill which also applies the new 50-50 rule with additional fee for companies having employees on H1/L1 visa.
The bill is now headed for President's signature for making this the law of the land.
The bill is now headed for President's signature for making this the law of the land.
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nogc_noproblem
04-30 03:30 PM
Wondering when Lofgren will get a chance to talk
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eb3_nepa
07-14 01:01 PM
here is my response thru my Bank Onlie pay
Immigration Voice
Immigration Voice
$ 5.00 07/18/2008 7Y9YG-2BT90
Please Help IV to help us
Thanks
Bestofall
PD-EB2 Mar 2005 India
AP-EAD received
Thanks Bestofall. Admins/Moderators, can we have this campaign on the homepage?
Immigration Voice
Immigration Voice
$ 5.00 07/18/2008 7Y9YG-2BT90
Please Help IV to help us
Thanks
Bestofall
PD-EB2 Mar 2005 India
AP-EAD received
Thanks Bestofall. Admins/Moderators, can we have this campaign on the homepage?
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eb3_nepa
07-15 03:22 PM
don't I need to provide the account number of IV there.?
Nope. You are simply mailing out a "cheque" to IV at the postal address.
Nope. You are simply mailing out a "cheque" to IV at the postal address.
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TeddyKoochu
12-10 07:20 PM
What are you repenting? That you were not married in July 07 ... well that's not your 'sin' or is it?
Friend agree with what you say, but the pain for Jul 07 Misser's is the maximum (Or atleast one of the worst) in the group. I just happened to miss the windfall because my labor was approved couple of months later. For individuals in our group being able to file for 485 is itself equivalent to getting GC as it enables us to get EAD & AP for self and family, if you ask us we don't mind paying the fee. We don’t know when we will reach the Toll Plaza for the 485 tunnel, or where it is right now or how far are we! Every year is part of hoping till the very end, only our optimism lives on.
Friend agree with what you say, but the pain for Jul 07 Misser's is the maximum (Or atleast one of the worst) in the group. I just happened to miss the windfall because my labor was approved couple of months later. For individuals in our group being able to file for 485 is itself equivalent to getting GC as it enables us to get EAD & AP for self and family, if you ask us we don't mind paying the fee. We don’t know when we will reach the Toll Plaza for the 485 tunnel, or where it is right now or how far are we! Every year is part of hoping till the very end, only our optimism lives on.
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Amma
09-09 12:22 AM
Dear friends,
Contributed $ 300 today via google .
Keep going IV.
Amma
Contributed $ 300 today via google .
Keep going IV.
Amma
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anandrajesh
08-12 11:14 AM
So much for unions to support them for mid term elections.. Come next year, if dems still have same majority, H1B/L1B word will be removed from India's IT dictionary..
All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
I wish the Democrats lose big time and lose their hold from Senate and house.
All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
I wish the Democrats lose big time and lose their hold from Senate and house.
unseenguy
02-14 12:51 PM
No matter how many years it is....its the willingness and responsibility.
Yeah so lets check your willingness and responsibility 6-7 years in your marriage.
Yeah so lets check your willingness and responsibility 6-7 years in your marriage.
gbof
02-18 07:30 PM
i had run these numbers a while back. for sure EB2 will reach the end of 2005 this year. i just hope its done systematically so that they clear everybody with an EB2 2005 PD this year.
Trust me, my friend - I surely believe in systematic movement and by this june/july it will be Dec05 or beyond. Dates for EB2 have stayed around apr04 for really longer and then suddenly to 06. Very few perms were cleared in 05 (as per your posting). It should logivcally be past 2005 , never to go back.BTW ,we missed GC last aug/sept lotto
Trust me, my friend - I surely believe in systematic movement and by this june/july it will be Dec05 or beyond. Dates for EB2 have stayed around apr04 for really longer and then suddenly to 06. Very few perms were cleared in 05 (as per your posting). It should logivcally be past 2005 , never to go back.BTW ,we missed GC last aug/sept lotto
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