Friday 17 June 2011

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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...





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  • a1b2c3
    08-16 08:13 PM
    Thanks for posting the doc. What is the source of this doc?





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  • Ramba
    10-21 04:07 PM
    How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?

    There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.

    It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.

    One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.

    Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.





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  • 9years
    12-10 08:15 AM
    We have received cards yesterday. It took one week from approval of I-485 to Physical cards. We are happy at the end everything went well. I wish all of our friends best of luck for all their immigration wishes.

    <I>Note: I noticed that physical cards envelope does not have any USCIS stamp or from address. After seeing that I thought it is some credit card company mail and kept away(didn't through out). Later when we opened, there are cards in it. This is just to let other know(F.Y.I) envelope does not remind any USCIS.</I>



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  • eager_immi
    07-22 12:51 PM
    i seriously doubt uscis will be slow in ead applications atleast not more than 6 mths. Reason:

    1. there will be 500,000 applicants that will become out of status and uscis will be in news again
    2. it helps them to get the $340 from you forever

    So they will hire contractors to issues this.





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  • villamonte6100
    04-02 09:46 AM
    Why is everyone jumping on Dard-E-Disco?

    Come on guys chill.

    I have responded on this thread several times yesterday and reading through Dard-E-Disco's and everyone's comments, he's got a very valid point.

    We can't just poke around an established government agency because we feel they are not doing their job properly. I am sure they are doing their job based on policies, and their policies may seem not to favor everyone.

    They don't just make decisions on their own.

    The structure inside USCIS could be very complex. And just like any government agency, you just cannot change things anytime.

    Unfortunately, it could be affecting our lives but by voicing our concerns through proper venues like the IV forums is the way to go.

    We can shout, we can scream, and join protest and forums, but that's all we can really do.

    This is their country and we are guest here, and we have to respect whatever policies or laws they have because they gave us the opportunity to work and live here, and hopefully a chance to become permanent residents of this country, and in the futre become citizens.

    For me, I have to thank them for this opportunity, although at times it is very frustrating.


    Chill and Cheers



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  • desi3933
    09-11 03:43 PM
    Its shocking!!! They've foolishly approved many 2006 cases and dont tell me it was unpredictable and now ppl with 2003 r still waiting....how logical is this? A bunch of A** H**** working there or what?


    I understand your frustration. Since there is no spillover in the first quarter of new fiscal year, it was expected that PD would move back. How can you you expect 2006 PD for Oct when there is no spillover visa numbers.

    Next year Jul-Sep 2009, PD should move to mid 2006 again.

    My 2 cents.





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  • ashutrip
    06-16 11:16 AM
    If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.

    I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...

    Here is the info :
    email : Perm.DFLC@dol.gov
    Phone : 404-893-0101

    Thanks
    Champak (Same as 1 and 2)

    I just did it yesterday...it Sucks....when dates are current labor is freaking stuck.....when labor will be clewared......dates may retrogress....SUCKS....
    I hope the dates are current for some 2-3 months.



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  • saimrathi
    08-10 01:19 PM
    What are you smoking?? Its Aug 10 today..

    Diluted drinks wont help you - Have " straight up "...

    Its August 12th today and we are really screwed





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  • newuser
    09-16 05:11 PM
    Did use the technique mentioned here and was able to send the flyer to all new agencies in less then 5 minutes.

    Dear All


    The website
    http://capwiz.com/aila2/dbq/media/ contains email/ address of 6479 media address

    depends on javascript to force you to send only 5 messages at a time.
    here is small shortcut:So switch off javascript
    on IE go
    Tools>Internet Options>Security>Internet>Custom level>Scripting

    Close the browser and open it for again for your state.


    also the format is like this if you want to send numerically

    http://capwiz.com/aila2/mail/compose/?type=ME&alertid=&mediaid=1&mediaid=2&mediaid=3


    the "&mediaid=1" seems to be the repeating unit except for the number
    my IE only takes 179 address at a time As i mentioned there are 6479 address so if maybe some smart techie knows to increase the address bar size


    drak70



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  • Kodi
    06-22 10:41 AM
    Nothing so far. I keep checking the status of my application every day but its still "In Process"





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  • vijjus
    01-04 03:11 PM
    3 reasons:

    1. The work - when I came here the work I was interested in wasnt being done back home.
    2. The work culture - working under most desi managers is a pain in the backside and really stifling for me.
    3. Continuity - set up life here, got married, had my son. Its hard to just pull the plug and walk back.

    GC is just the means, not the end.



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  • LostInGCProcess
    12-12 03:26 AM
    i sent all documents to loan officer at wells fargo for refinance. I sent I-140, EAD copy for immigration documents. just got email from loan office that he received my file back from underwriter and ask for greencard copy front and back as underwriter said EAD is not acceptable (Employer can not sponsor borrower).

    could anybody please tell me what to do now?

    thank you:(

    Bank Of America denied my car loan. They want only US citizens or GC holders. I have EAD and apparently its not good at all for anything. I can't even get my drivers license. The DMV is waiting for a response from DHS, until then I have to find other means to go to work.

    The other day at walmart, I paid my groceries, as usual with the credit card, so the walmart person wanted to see my ID. I showed her my EAD, she said she cannot accept that...she wants to see my Drivers License..I said it is expired and the only legal document with a photo ID is my EAD which is issued by the federal Gov...she was not convinces but said, "aahhh!!! thats okay, I trust you." and let me go...till the end she was not convinced in her mind.





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  • gchope07
    07-18 03:36 PM
    Immm,
    Please update us on this thread when you receive the physical notice and let us know if the receipt date was Jun15th or something else. That will give us some vital information abt what the defintion of receipt date is.

    Thanks...

    My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).

    The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
    "On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."

    Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!

    .



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  • skark
    07-11 11:59 AM
    Hi,

    My wife is on H4 and she has her H4 extension approval. But the local DMV says that they need to see a visa stamp in her passport to issue a DL. Its actually exchanging her out of state DL! Can anyone from NC (Raleigh, Cary, RTP, Durham etc) share their experiences please.





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  • gcseeker2002
    09-13 05:47 PM
    What can we do about it ? I knew 3-4 guys who ported from EB3 to EB2 and even got their 485 approved because of this, during August.



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  • mallu
    03-31 09:55 PM
    .... We have NO RIGHTS WHATSOEVER to ask for that.

    There may not be rights, but certainly immigrants can request law makers to deal with a dysfunctional organization like USCIS. And USCIS can be dragged to court via WOM and most of the time judges understand the immigrant situation and serve justice.





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  • gsvisu
    07-13 05:07 PM
    My 2.5 Cents.

    We need to start a Letter Campaign next.

    A focussed uniform format with some lead from IV. But now focus on San Jose,CA's rally efforts.





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  • eagerr2i
    07-15 10:21 PM
    Dear So Cal members.

    nice to see good activity on the forum. Please hold on from holding any rally until you hear from IV core. We have some good synergy amongst or members in So Cal, lets plan a meeting in the coming weeks and decide on an action plan. I would encourage you to start thinking about ideas/specific actions we can take. I have a few ideas and would share it on our so cal email distribution list. Who can take the initiative to organize this meeting? Twinbrothers? any one else? Pls P.M me.





    pointlesswait
    06-24 03:00 PM
    you are in fools paradise if you thing america is losing by delaying GC for us...in fact the more it delays the more it gains...

    a.) Obvious processing fess which runs into billions..
    b.) a whole industry of legal professionals who feed off legal and illegal immigrants ...what will happen to Murthys and khannas...and the collateral josb that have been created by immigrants
    c.) the Social security is being sustained by hi-tech and legal immigranst who pay their taxes on time.


    i can list many more..but then the purpose of your article will be lost!..;-)

    if you are asking for ideas on what is US losing..thats because they lose nothing...its only us who think that we are important for US..for them we are nothing but cattle from third world country!

    like i had said in my previous posts..its apartheid..but of a different kind!
    slavery never ends..it just resurfaces as a mutant!

    njoy!





    UKannan
    03-03 04:37 PM
    Everyone feel like giving up but none of us give up :)



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