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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Edison99
02-03 02:55 PM
Congrats and good luck with your GC process !
9years: So finally did you have to send the interfiling request, or they approved it automatically.
- My EB2 140 got approved 2 weeks ago (with July 03 PD), but still no LUD on my 485.
- I placed a Service Request last week on my pending 485, which resulted in a soft LUD on my EB2 140 but nothing on 485.
I just wanted to know if you also had to send the interfiling request just like VayuMahesh.
Thanks,
9years: So finally did you have to send the interfiling request, or they approved it automatically.
- My EB2 140 got approved 2 weeks ago (with July 03 PD), but still no LUD on my 485.
- I placed a Service Request last week on my pending 485, which resulted in a soft LUD on my EB2 140 but nothing on 485.
I just wanted to know if you also had to send the interfiling request just like VayuMahesh.
Thanks,
test101
07-05 01:44 PM
I just Spoke to sentor Specter office: 202-224-4254. They were very supportive. I spoke about the revised Visa bulltien and the effect of losing nurses. They were very sympathatic . I added i know how the sentor support immigration.
Please do call the office.. tell them about what is going on and thank them for supporting immigration in general.
they actually asked for my name ...
Please do call the office.. tell them about what is going on and thank them for supporting immigration in general.
they actually asked for my name ...
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rdoib
07-23 10:33 PM
it is like a lottery..ya it is..noone knows whats comes out out of the matrix...:)
more...
belmontboy
09-01 07:03 PM
----
Mind what you say in an open forum.
These type of information can fuel anti's cause.
Job requirements "exist" in the company.
They are not created by employers or lawyers for the sake of GC.
Mind what you say in an open forum.
These type of information can fuel anti's cause.
Job requirements "exist" in the company.
They are not created by employers or lawyers for the sake of GC.
kushaljn
07-15 11:56 AM
Just sent $10 for me and my wife.
Citibank - Reference Number: 10136
Citibank - Reference Number: 10136
more...
SDdesi
08-12 01:15 PM
My wife works in a company where a good number of IT folks are staffed by INFY. The poor quality of work made the company think about not extending INFY's contract. But then it came out in the open that there was no documentation on how the applications were built, etc. INFY got wind of this, and now they have positioned themselves in the organization where without them, this company's IT would collapse.
There are many such stories of outsourcing firms that are holding client companies hostage. Though I do not agree with the bill, I think the bill brings back some ethics into play. Especially the L1 loophole.
I squarely blame it on the company for not requiring INFY to document everything. There is such a thing as process or quality control. They have painted themselves into a corner. Having said that, companies will take advantage of this situation. Its just plain business...
There are many such stories of outsourcing firms that are holding client companies hostage. Though I do not agree with the bill, I think the bill brings back some ethics into play. Especially the L1 loophole.
I squarely blame it on the company for not requiring INFY to document everything. There is such a thing as process or quality control. They have painted themselves into a corner. Having said that, companies will take advantage of this situation. Its just plain business...
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gc_on_demand
06-10 11:16 AM
Please call CHC members ASAP.. takes only 10 minutes to call..
more...
trueguy
03-03 03:40 PM
Looks like MDix is making fun of EB3-I bcoz current law doesn't allow any spillover for EB3-I category. Damn you MDix.
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akkakarla
07-05 05:32 PM
Do you have your 485 approved ? If not, you are not supposed to contribute to any political campaigns. You have to be a GC holder or citizen to contribute to political campaigns. Its illegal otherwise.
Well, I don't know what is happening with my I485. I took my Infopass appointment early morning 7.15 AM on July 2nd. My Priority date became current(PD-11/08/2004). I was quite happy that it became current. Our applications are with San Jose Local Office. We completed our interview on October 2005. At the time of our interview our priority date is not current and no visa number available. The IO said that whenever our PD becomes current they will approve our case and send the mail in card. We moved to San Jose and our case files are transferred from South Portland Maine to San Jose.
Long story short, we went to San Jose office and told the IO that our Priority date became current and he has the VB that has all categories current.He said that he is going to pull the files out of inventory room and send to the IO the same day and he will approve it. We are aware of the fact that VB is going to change. So not sure how to take the information given to us. Will they approve as he said? or will they take it out and wipe the dust off and put it back for dust to collect again. I am disappointed, angry, helplessness. It is just 1 hour work that is all it takes to approve and I am waiting for past 2 years. Anybody in the same boat?? What can i expect from the response. What should i infer - approve or dust collection. Anyways my company is asking me to relocate to Beijing or Mainz so I will consider seriously after consulting with my wife.
Logiclife, I had contributed before for Senator Kerry campaign in 2004 too. I don't think that is wrong is there?
Well, I don't know what is happening with my I485. I took my Infopass appointment early morning 7.15 AM on July 2nd. My Priority date became current(PD-11/08/2004). I was quite happy that it became current. Our applications are with San Jose Local Office. We completed our interview on October 2005. At the time of our interview our priority date is not current and no visa number available. The IO said that whenever our PD becomes current they will approve our case and send the mail in card. We moved to San Jose and our case files are transferred from South Portland Maine to San Jose.
Long story short, we went to San Jose office and told the IO that our Priority date became current and he has the VB that has all categories current.He said that he is going to pull the files out of inventory room and send to the IO the same day and he will approve it. We are aware of the fact that VB is going to change. So not sure how to take the information given to us. Will they approve as he said? or will they take it out and wipe the dust off and put it back for dust to collect again. I am disappointed, angry, helplessness. It is just 1 hour work that is all it takes to approve and I am waiting for past 2 years. Anybody in the same boat?? What can i expect from the response. What should i infer - approve or dust collection. Anyways my company is asking me to relocate to Beijing or Mainz so I will consider seriously after consulting with my wife.
Logiclife, I had contributed before for Senator Kerry campaign in 2004 too. I don't think that is wrong is there?
more...
9years
10-21 02:30 PM
I am not sure how porting works. I heard in some cases they will be ported automatically and in some cases we (attorney) have to request for porting. I will talk to my attorney and post the information here as I get it.
Thank you and best of luck every one.
Thank you and best of luck every one.
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laststraw
07-15 03:57 PM
Have sent $25 through bill pay
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ivvm
09-13 10:16 PM
Paypal Payment Sent (ID #4VL772199A7170058)
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rahulpaper
09-13 03:14 PM
Anyone can do this!
The AILA media link is great, easy to do. Just type in your zip code and you will get a list of all news papers/radio stations/TV stations in your area.
Just personalize the email and submit submit submit
Please post the URL
The AILA media link is great, easy to do. Just type in your zip code and you will get a list of all news papers/radio stations/TV stations in your area.
Just personalize the email and submit submit submit
Please post the URL
more...
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Edison99
04-30 10:04 PM
Thanks Leo07 for the great link!
It's good beginning though.......
It's good beginning though.......
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smisachu
09-28 10:38 PM
If this is indeed true then we must high light this and make it our next issue. This is a poster child of USCIS's careless work and sloppyness.
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iak1973
09-07 10:54 AM
Hi;
Landed in 2006;
Changed my company in 2007 to company B
Filed my Labor in Sept 2007;
Filed my I-140 in sometime in July cleared
Waiting for dates.
Arun
Landed in 2006;
Changed my company in 2007 to company B
Filed my Labor in Sept 2007;
Filed my I-140 in sometime in July cleared
Waiting for dates.
Arun
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gc_chahiye
07-20 06:37 PM
July filers SCREAMED for the right to simultaneously file after the government realized they had to reneg on their bulletin precisely because they could NOT cope with these numbers. AILA screamed that it had to do it or they would sue.
Well it's done. Happy now?
I remember talking of how the all current bulletin was a big mistake in the first place because of the jam it would create and i was shot down for suggesting such a thing.
And now the massive backlog is the result.
You can't have your cake and eat it too.
No sooner do some get the right to file for EAD than they are bitching about how long it will take to get it.
I urge you to show some patience. Receipting alone is taking monumental amounts of time. So chill, focus on other things and enjoy whatever privileges you have.
Rampant speculation built on figures from people like Mathew Oh and assumptions about how and when resources are allocated to EAD processing are just one assumption built upon another. They do nothing but terrify people.
It's hard waiting. I came here in 2000. Still I wait. Almost 8 years now. And I hate it. But make no mistake about it. We are, for now at least, guests in this country and we have all, almost without exception, learned early in this process that there would be many frustrating delays.
One thing people forget is that the USCIS is WHOLLY self funded. This pre-fee-raise deluge just knocked 250 million out of the operating budget. And we wanted it that way. Now, sadly, we'll need to show some patience.
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
thats one way to look at it. The other way to see this is that:
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
Well it's done. Happy now?
I remember talking of how the all current bulletin was a big mistake in the first place because of the jam it would create and i was shot down for suggesting such a thing.
And now the massive backlog is the result.
You can't have your cake and eat it too.
No sooner do some get the right to file for EAD than they are bitching about how long it will take to get it.
I urge you to show some patience. Receipting alone is taking monumental amounts of time. So chill, focus on other things and enjoy whatever privileges you have.
Rampant speculation built on figures from people like Mathew Oh and assumptions about how and when resources are allocated to EAD processing are just one assumption built upon another. They do nothing but terrify people.
It's hard waiting. I came here in 2000. Still I wait. Almost 8 years now. And I hate it. But make no mistake about it. We are, for now at least, guests in this country and we have all, almost without exception, learned early in this process that there would be many frustrating delays.
One thing people forget is that the USCIS is WHOLLY self funded. This pre-fee-raise deluge just knocked 250 million out of the operating budget. And we wanted it that way. Now, sadly, we'll need to show some patience.
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
thats one way to look at it. The other way to see this is that:
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
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Beta_mle
06-10 07:19 AM
The dates had approached within two months of my priority date then BAM! Unavailable. What a disappointment. This system is just so arbitrary and capricious. Makes no sense. But then maybe it does, I'm still here, working.
CADude
07-05 12:46 PM
I used AILA site to send the mail. May be some one else provide the email info. Thanks
It would be helpful if you few addresses for senators so that everyone can send letters right away.
It would be helpful if you few addresses for senators so that everyone can send letters right away.
needhelp!
07-15 01:57 PM
Thanks for your participation:
bestofall, johnnybhai, Mahatma, sparklinks, kevinkris, hariswaminathan, akhilmahajan, a_paradkar, tejonidhi, ho_gaya_kaya_?, June05, chintainfogc, k_usa, Sri_1975, cheshirecat, satyasaich, pd_recapturing, sajidmd, govindk, mjdup, alok_msh, plreddy, naidu2543, venkygct, j_bharadwaj, gsrknth, cooldude0807, for_gc, Chiwere, jayleno, funny, eight_8, ita, GCOP, desi chala usa, gc_kaavaali, lakshman.easwaran, ebizash, srhari, srinivas_o, ndny, rameshvaid, mhathi, rajesh_kamisetty, shana04, Vsach, leo2606, sujijag, sam2006, dhirajs98, dhirajs98 , vsbalaji, shiankuraaf, nosightofgc, prasadn, prasha98, Mani, DDash, bgp, gc28262, Caliber, gc_on_demand, agc2005, SkilledWorker4GC, vban2007, vvicky72, sriv1, desidude, Suva, sandy_anand, ckichannagari, h1techSlave, kushaljn, sirinme, WeShallOvercome, rajvepa, dodsatya, gc78, hotammo, gcbikari, abhijitp, wizpal
bestofall, johnnybhai, Mahatma, sparklinks, kevinkris, hariswaminathan, akhilmahajan, a_paradkar, tejonidhi, ho_gaya_kaya_?, June05, chintainfogc, k_usa, Sri_1975, cheshirecat, satyasaich, pd_recapturing, sajidmd, govindk, mjdup, alok_msh, plreddy, naidu2543, venkygct, j_bharadwaj, gsrknth, cooldude0807, for_gc, Chiwere, jayleno, funny, eight_8, ita, GCOP, desi chala usa, gc_kaavaali, lakshman.easwaran, ebizash, srhari, srinivas_o, ndny, rameshvaid, mhathi, rajesh_kamisetty, shana04, Vsach, leo2606, sujijag, sam2006, dhirajs98, dhirajs98 , vsbalaji, shiankuraaf, nosightofgc, prasadn, prasha98, Mani, DDash, bgp, gc28262, Caliber, gc_on_demand, agc2005, SkilledWorker4GC, vban2007, vvicky72, sriv1, desidude, Suva, sandy_anand, ckichannagari, h1techSlave, kushaljn, sirinme, WeShallOvercome, rajvepa, dodsatya, gc78, hotammo, gcbikari, abhijitp, wizpal
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