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Imigrait

03-03 03:55 PM

It's stupid to have rules around which expect Immigrants from India and China to hold on to their jobs for 10 years without changing it when everyone around is losing their jobs.

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transpass

02-23 01:05 PM

people,

i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?

--shark

But they can approve only based on available visa numbers...:confused:

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indianabacklog

06-02 10:05 AM

Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks

No is the simple answer. If the new legislation is enacted his choices are even fewer they will remove the family based category in which you could have applied for him once you get a green card. The future is very bleak for aged out children of EB immigrants. My son is one of these children and we have no answer. Myself and others on this site have asked that IV mention such children in their efforts but to date this has not happened. It is retrogression and labor backlogs which created this so I consider it a fundamental part of the retrogression issue.

Others reading this who are waiting for their priority date to become current should consider this may be going to happen to them if things are not changed and your family may join the thousands of us already in this situation.

For those of you continually pushing for donations having a son in college on an F1 makes it impossible for me to donate since the tuition fees are astronomical but it is the only way I can keep him in the United States legally. Although I am beginning to think I should have allowed his visa to lapse then he could have benefitted from the DREAM act.

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sparklinks

08-11 01:14 PM

As per the tracking no. given by my lawyer, my app also received at 7.55 AM on July 2nd, signed by R.Williams , but my check not cashed yet, no receipts yet, what a mess....

Mine also received at 7.55 AM on July 2nd, signed by R.Williams ... non of my checks cashed :confused:

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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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maine_gc

07-19 10:29 AM

Do you know Aman spent $64000+ in the past 18 months for IV?

Please read this thread before you make a decision on your donation. We need to step up and contribute.

http://immigrationvoice.org/forum/showthread.php?t=10633

Thanks Aman and the core team for your efforts.

Can any one know how to edit subscription amount in paypal. I signed up for a $50 recurring contribution last week. After reading above mentioned thread i want to change my subscription amount to $100

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Milind123

09-16 10:55 PM

Earlier I got a PM from immigration (name on the handle, not USCIS). He has contributed $100 for this round. That takes us to the final 6 shots. Remember these shots can be taken by anyone who believes that IV is doing a great job in order to make necessary changes. If you don't believe so, please don't keep that doubt lingering in your mind, speak up and be heard, if you are uncomfortable posting your doubts on any one of the threads, please use PM. Ask questions, please, if you have any?

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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

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joydiptac

03-13 02:44 PM

Hi guys,
In my college days, I was returning to Varanasi(ITBHU) after spending Holi at my Aunts place in Delhi. It was warm, so I tried with all my might to open the stuck glass window next to me. I tried and tried, gave up... only to try again, to open the damned window. Finally, with help from my neighbours I was able to get the window open. Nice cool air came in. Everything was perfect. Then suddenly it happened. The train was entering Ghaziabad, there were these slumdogs aiming cow dung at the train. Needless to say, I got hit and totally covered with shit literally. :eek:

Here I am again trying hard to open the window of opportunity... GC, for the fresh air of freedom to enter my life.
Is all this delay a blessing in disguise? Food 4 thought.
n'
Joy
B'Happy... B'Informed...B'Khush
www.bkhush.com

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pappu

08-01 01:15 PM

I will be more than happy if I can help. Please note I do not have any journalism background.

Thank you for your offer and also other people who are sending me PM for this. We will try to get as many as possible so that we can submit to multiple newspapers and websites.

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GayatriS

01-08 09:34 PM

Ok then why dont we teach some respect and humility to professor ji to show some respect for his country men as well..

what a harsh speech that was..seems like some personal anger against india and their colleges...

The only harsh thing he said was that Indian education was awful. Everything else he said was extremely positive especially when he talked about the amazing progress India is making. I think he said that because he was saying that India is racing ahead and Indians are very successful entrepreneurs. (I am not sure).

I clicked on the link section under the video and found the slides that go with this. I have no idea what this website is or what NGA is, but here is where you can download the slides -- http://innovationandprosperity.pbwiki.com/innovationandprosperityMonday

He has many interesting slides on immigration and seems to be fighting for our cause.

So if you want to get nationalistic and get upset over silly things go ahead!!!

I wish I could go to Duke University or Harvard. I could not get admission or afford it if I did.

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looneytunezez

04-30 03:11 PM

I just called and left message with the aide at Senator Dianne Feinstein.
She said that Senator is supporting the bill, and appreciates my support.

Next I plan to start calling other senator's office as well.

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gc28262

06-11 03:30 PM

I keep reading we should fight for out rights and all. I am just curious
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.

nitinboston,

If you feel you don't deserve a GC, we are fine with that.
However for most of the people on this forum, we deserve it.

Please watch this Aman Kapoor Video.
http://www.youtube.com/watch?v=rqHz7IGoYWQ

"In order to ask for something, you should feel that you deserve it."

It is that simple !

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axp817

11-25 04:30 PM

g 28 does produce soft LUds so it is normal.

Sir,
Thank you for your response. Is it normal to see an LUD on the 140 (approved) as well, when the G-28N is sent in?

Thanks,

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2008FebEb2

09-15 10:55 AM

If somebody is eligible to jump from Eb3 -> EB2, then he should be allowed to jump.

I am EB2. I had to change my job as my previous employer didnot allow me to file in EB2 as I didnot have prior experience even though i have MS from USA.

I changed my job and now I am in EB2. My PD is Feb 2008. Sucks that I missed the bus in July 2007.

Nobody should go through what I went through. If somebody is eligible to jump, then he should jump from EB3->EB2.

Considering the current delays in labour and I140 approvals, I think the entire process of filing for new labor, then I140 and the PD porting will take around 2yrs if there are no Queries. :p

Unless somebody's PD is mid 2006 or 2007 above in EB3, I dont think this EB3->EB2 jump will be helpful. :rolleyes:

YOu never know what rules will change in future. :confused:

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go_guy123

07-06 01:35 AM

Not Volunteer but Leaders...

Volunteer is a person who takes responsibility and does a task. Here the question was raised to have new leaders who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening.

Most leaders are actually volunteers in IV. They have a regular full time job.

What you are saying: "who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening" :

For this you need to hire full time lobbyist which costs a lot
of money. IV budget is nowhere close to that the Hispanic lobby group:
National council of La Raza whose budget is
$40 million or $1.3 billion including its “affiliates” network.
IV is a tiny organization in front of La Raza. Thats....a BILLION with which they hire full time lobbyist.

I strongly suggest you listen to the audio interview to understand how big the hispanic
lobby is and get some reality check of how things work in US politics.

Raul Yzaguirre on Past and Future of La Raza : NPR (http://www.npr.org/templates/story/story.php?storyId=4229605)

Even with such power also they cant pass CIR. But at least they ensure that no
EB or illegal immigration reform will pass unless there is something for illegals.

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GCwaitforever

01-13 04:19 PM

Still waiting for labor clearance.

Non-RIR, EB2, November 2001 PD, Florida, made it to Atlanta, shipped to Philly, received 45-day letter and replied. Then no news for the past six months!!:)

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vin13

03-12 12:30 PM

Pappu,
I have been a donor since 2006 and donated about $1000+ through 3 or 5 one time payments and monthly subscription of $20.
But I discontinued my monthly subscription seeing absence of IV core for long time in 2008. But more than that I was completely pissed off with free riders with one time questions and then disappearing, nanny questions, people sharing jokes on this forum, people commenting on the internal matters of their own country and so on. I felt the forum was being used for all other matters except the one issue it was formed to address: "RETROGRESSION in EB IMMIGRATION".
I am fully supportive of paid membership and welcome this step. I thank IV admin for the same.
Now my questions are
What is the vision / mission/ purpose behind the "donor forum"?
whether members will still be able to post questions for free and get answers? And of course vanish after that.
Would the anti immigrants still be able to use our forum and make posts to tease us?
And most importantly do I have start monthly subscription again to gain access to this forum? If yes, Can I just restart my $20 monthly subscription?


I agree with you. I hope we get some clear vision/mission/purpose behing the 'donor forum'

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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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indio0617

03-09 12:47 PM

indio0617,
Still the meeting is going on?
Sorry to ask this Q?

No. It is over. Will reconvene next Wednesday.

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akhilmahajan

12-15 09:26 PM

Moved to MI and applied for license using EAD and expired I-94. Got it for 4 years. I guess I just got lucky.

Thanks.

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