SFSweta
07-11 02:15 PM
Hmmm
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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...
spicy_guy
08-13 10:22 AM
My suggestion for everyone reading this is - do not send this information to your Company or HR department. They could ask us to table this additional cost. I work for Accenture so I hope that this does not apply to my employer with less than 50% employees on visa. But I'm not going to write to them asking about this because they may turn around asking us to eat this new cost.
How about you? Has anyone contacted their employer already? What are they saying?
Most of the Indian companies (TCS, Wipro, Infy, etc) have more than 50% H1Bs, I believe.
How about you? Has anyone contacted their employer already? What are they saying?
Most of the Indian companies (TCS, Wipro, Infy, etc) have more than 50% H1Bs, I believe.
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villamonte6100
04-01 10:19 AM
Well they do process millions of applications - H1's , EAD's , GC's ' I-140 , Labor and so many different kinds of visas and other applications . I must say that they are trying even if they are not succeeding. It is probably due to shortage of manpower and experienced personnel. Another problem is that the money that they get from all the application fees which is a very significant amont ( greater than a billion ) some of it is diverted to other programs rather than hiring more workers for USCIS .
I guess we can only make efforts via rallies and other actions that IV does to make them realize the delays and streamline their process but the ultimate decision will always lie with USCIS unless a big political figure steps in .
I totally agree.
I guess we can only make efforts via rallies and other actions that IV does to make them realize the delays and streamline their process but the ultimate decision will always lie with USCIS unless a big political figure steps in .
I totally agree.
more...
surabhi
07-18 05:45 PM
Set up for $50 recurring contribution. Never in my life did I felt so charged up as I did in last few days. Thank you IV for inspiring.
I feel there is value to creating atleast "paid members only" section in addition to regular free zone, so that quality of dicussion is elevated.
I feel there is value to creating atleast "paid members only" section in addition to regular free zone, so that quality of dicussion is elevated.
navkap
07-15 11:19 PM
Count me in ---- I am in southern CA (in beautiful Los Angeles Area)
more...
snathan
05-15 10:35 AM
dear members,
please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.
Ideas and suggestions are welcome.
When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.
please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.
Ideas and suggestions are welcome.
When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.
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chanduv23
07-06 12:33 PM
Please update your profiles on IV if you have not done so - thanks
more...
badluck
07-24 02:33 PM
Are you talking about emplyment based or family based.. may be your wife sponsord you.. please clear.
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FrankZulu
08-11 03:43 PM
Pls dont believe SriKondoji. Hez known for spreading false rumours and making lame comments thus misleading ppl. He did the same thing on the July 2 Tracker and was booted out. Hence he was hiding for over a week and now is saying that he was out on a business trip :D. Hez full of lies...Admins, Moderators pls delete this thread as the "Monday" mentioned in the title has gone by and we dont need frauds still re assuring ppl about rumours - Thanx in advance.
SriKondoji & I both being from the NE area we communicated through this thread possibility of car polling for DC and I received a call from him last thursday(Aug 9th) regarding this from some Ohio area code. So buddyinus I can at least assure you he was travelling at that time.
SriKondoji & I both being from the NE area we communicated through this thread possibility of car polling for DC and I received a call from him last thursday(Aug 9th) regarding this from some Ohio area code. So buddyinus I can at least assure you he was travelling at that time.
more...
jung.lee
04-04 06:48 PM
Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??
Thanks
sree
My interpretation is that if the spouse (with EAD), in question has been in residence in the US for more than 6 months in a year, she would be considered a resident for tax purposes, and therefore be eligible to set up a S-corporation.
Thanks
sree
My interpretation is that if the spouse (with EAD), in question has been in residence in the US for more than 6 months in a year, she would be considered a resident for tax purposes, and therefore be eligible to set up a S-corporation.
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piliriver
03-14 03:46 PM
Hi,
Does anyone has recently got I-485 approval after porting priority date from earliar EB3 filing.
My I-140 got approved 2 weeks back and based on priority date, I am current. Ny EB3 485 was filed in July 2007.
How long it is taking for I485 to get approved after I-140 approval when the priority date is current.
Thanks
PR
Does anyone has recently got I-485 approval after porting priority date from earliar EB3 filing.
My I-140 got approved 2 weeks back and based on priority date, I am current. Ny EB3 485 was filed in July 2007.
How long it is taking for I485 to get approved after I-140 approval when the priority date is current.
Thanks
PR
more...
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gc_chahiye
07-24 10:02 AM
Priti..
How can he get a visa number alloted(I suppose you mean he could have got approval)..NO WAY they can approve a person who applies in June.. Do you think they can approve 485 without Biometrics.NameCheck,Security checks etc.. Please do not provide wrong info and rise false hopes in people who already suffered a lot
correct, its going to take atleast 2 months even in the fastest cases of 485 approvals. With a March 2003 PD his best hope is that he becomes current again 6 months or so from now and does not get stuck in namecheck
How can he get a visa number alloted(I suppose you mean he could have got approval)..NO WAY they can approve a person who applies in June.. Do you think they can approve 485 without Biometrics.NameCheck,Security checks etc.. Please do not provide wrong info and rise false hopes in people who already suffered a lot
correct, its going to take atleast 2 months even in the fastest cases of 485 approvals. With a March 2003 PD his best hope is that he becomes current again 6 months or so from now and does not get stuck in namecheck
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punjabi
08-02 06:22 PM
I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.
....
It is better to appear in person because of the two reasons:
1. Avoid any chances of losing/delaying the mail.
2. If any extra document is needed, you will come to know right away and you can ask your questions/doubts at the same time.
I went in person to the SFO Office and got my passport next day.
Punjabi
....
It is better to appear in person because of the two reasons:
1. Avoid any chances of losing/delaying the mail.
2. If any extra document is needed, you will come to know right away and you can ask your questions/doubts at the same time.
I went in person to the SFO Office and got my passport next day.
Punjabi
more...
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psaxena
08-12 01:21 PM
Pappu, I agree what you are saying. But the bigger issue here is the awareness.. I talk to so many friends and friend's friend. The only thing that I find is they are not aware of IV or its effort.
Lack of awareness is another issue for IV community to form a lobby group like others.
IV has too many contacts in the media, would that not be a great idea to leverage them to advertise at prime time on Indian channels , or just the google ads on Dishnetwork screen for cheap or work out something.
Just to get the people an awareness of what IV is and get them a feeling that its BIG enough to help them. Support some candidates in the election, just to get the name floating. Leave aside the American, Indians or chinese(mostly the legal immigrants) I sometime work with don't know anything about IV. I go to SFO meet my parents almost every month and my brother's circle (all citizens) have no idea of what I am talking about. All they know there was problem is Labor clearance in their time which is no more now.
What is IV , who is IV........ no idea at all. NADA.
A planned campaign to make th awareness can help our cause.
Just my 1 cent.
To answer your question: Indian companies in India or Indian politicians complaining will not do much impact. After passing this bill politicians will cosy up and say good things to rebuild relations. The real impact can happen if Indians in New York state who can vote stand up against such laws. Same goes for the Desi companies who have tried to raise the voice against USCIS memo. They lack grassroots advocacy and support. Their Indian US citizen friends are busy organizing Diwali melas and Shahrukh Khan stage shows. Immigration voice can be extremely successful if politicians see us as an immigrant lobby. Just like they see Jewish lobby or Hispanic lobby. This is why participation of IV greencard members and citizen friends is important to advocate for changes that helps the immigrant community. I this case too, IV community should not turn a blind eye to what happens around us. Just because we do not work for such companies or we already have EAD does not mean we do not see beyond the headline of this issue. We spend more time analyzing , over analyzing, predicting and tracking rather than actively understanding the politics of issues that are causing all the problems we are facing. To some extent this law passed because Indians in USA did not care due to their narrow outlook and priorities in politics.
Lack of awareness is another issue for IV community to form a lobby group like others.
IV has too many contacts in the media, would that not be a great idea to leverage them to advertise at prime time on Indian channels , or just the google ads on Dishnetwork screen for cheap or work out something.
Just to get the people an awareness of what IV is and get them a feeling that its BIG enough to help them. Support some candidates in the election, just to get the name floating. Leave aside the American, Indians or chinese(mostly the legal immigrants) I sometime work with don't know anything about IV. I go to SFO meet my parents almost every month and my brother's circle (all citizens) have no idea of what I am talking about. All they know there was problem is Labor clearance in their time which is no more now.
What is IV , who is IV........ no idea at all. NADA.
A planned campaign to make th awareness can help our cause.
Just my 1 cent.
To answer your question: Indian companies in India or Indian politicians complaining will not do much impact. After passing this bill politicians will cosy up and say good things to rebuild relations. The real impact can happen if Indians in New York state who can vote stand up against such laws. Same goes for the Desi companies who have tried to raise the voice against USCIS memo. They lack grassroots advocacy and support. Their Indian US citizen friends are busy organizing Diwali melas and Shahrukh Khan stage shows. Immigration voice can be extremely successful if politicians see us as an immigrant lobby. Just like they see Jewish lobby or Hispanic lobby. This is why participation of IV greencard members and citizen friends is important to advocate for changes that helps the immigrant community. I this case too, IV community should not turn a blind eye to what happens around us. Just because we do not work for such companies or we already have EAD does not mean we do not see beyond the headline of this issue. We spend more time analyzing , over analyzing, predicting and tracking rather than actively understanding the politics of issues that are causing all the problems we are facing. To some extent this law passed because Indians in USA did not care due to their narrow outlook and priorities in politics.
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lazycis
11-20 05:59 PM
I can understand attorney's thinking: H1B is good to have. If there is no reason for its revocation (i.e applicant is still working for H1 sponsor), then there is some level of protection for you. Another aspect is a legal status. While EAD gives you an opportunity to continue work legally if I-485 is denied, it does not protect your legal status (accumulate more than 180 days of unlawful presence and you lose eligibility to adjust status and are a subject to re-entry ban). Having H1B gives you a protection in this case. But if H1B is revoked, I-485 is denied and a person does not have EAD, then there is no escape. It's nice to have both, but maintaining EAD should be the priority.
more...
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pointlesswait
04-30 03:53 PM
for many its one and the same..delay in GC
i think nothing will ever happen for GC backlogs in near future..
allowing X-number of immigrants is based on a social vision of US!
Too many from one coutnry will dilute that notion of melting pot and make it too much of "sambar" or "wonton soup"....like londonisthan..americans are not so dumb as those brits!!1
The wait is deliberate and will be that way..like it or not!
these debaters are like laloo prasads of india..talk away to oblivion..
:cool:
lobbying is gorafied version of desi corruption : its only the packaging thats different!;-)
Yes, it appears people on this forum are still confused about backlogs due to unavailable visa numbers and backlog due to CIS having too many 485s to process.
They are 2 different things.
i think nothing will ever happen for GC backlogs in near future..
allowing X-number of immigrants is based on a social vision of US!
Too many from one coutnry will dilute that notion of melting pot and make it too much of "sambar" or "wonton soup"....like londonisthan..americans are not so dumb as those brits!!1
The wait is deliberate and will be that way..like it or not!
these debaters are like laloo prasads of india..talk away to oblivion..
:cool:
lobbying is gorafied version of desi corruption : its only the packaging thats different!;-)
Yes, it appears people on this forum are still confused about backlogs due to unavailable visa numbers and backlog due to CIS having too many 485s to process.
They are 2 different things.
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srikondoji
08-02 03:52 PM
I told him that i have to make travel arrangements for the month of october.
He said to call back mid next week, if i didnot get the receipt by then.
Looks like they are having aggressive internal deadlines.
--sri
He said to call back mid next week, if i didnot get the receipt by then.
Looks like they are having aggressive internal deadlines.
--sri
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indyanguy
08-13 04:59 PM
But why should we lose the PD that we've been hanging on to for so long. For all we know, they might retrogress EB2 next - with USCIS, there's no room to take chances. I'm on my 10th yr here and don't want anything to go wrong at this point.
Have you given a thought or spoken to a lawyer about starting EB2 PERM when your EB3 140 is pending? After your EB2 PERM is approved, you have 6 months before interfiling your EB2 140 with your EB3 PD. I think that is long enough for your EB3 140 too be approved.
AFAIK, this can be done with little or no risk to your EB3.
Have you given a thought or spoken to a lawyer about starting EB2 PERM when your EB3 140 is pending? After your EB2 PERM is approved, you have 6 months before interfiling your EB2 140 with your EB3 PD. I think that is long enough for your EB3 140 too be approved.
AFAIK, this can be done with little or no risk to your EB3.
485Mbe4001
08-15 11:50 AM
True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.
We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.
What are your thoughts?
actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact
We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.
What are your thoughts?
actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact
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.
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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