GCBy3000
06-01 05:26 PM
Until the CIR becomes law, you can still file LC and 140. So do not assume anything.
Once your labor is cleared, you can get one year extn. If possible, try to file that one year extn before this becomes a law. Still this may not solve the issue other than postponing the issue.
So basically if this becomes law..Iam screwed..I am in my 30 day waiting period to file for my Labor in Jul-07 & want to get a 7th year extention in June-08. Am I reading it right?
thx
Once your labor is cleared, you can get one year extn. If possible, try to file that one year extn before this becomes a law. Still this may not solve the issue other than postponing the issue.
So basically if this becomes law..Iam screwed..I am in my 30 day waiting period to file for my Labor in Jul-07 & want to get a 7th year extention in June-08. Am I reading it right?
thx
wallpaper Royalty-free clipart picture
satyasaich
07-14 02:24 PM
Dear IVians
Please make it happen. Just $5 will never hurt anybody's economy / budget.
I wanted to cover 9 more souls if there is any acute shortage of even $5 (not to offend anyone), hence sent a check for $50
Suport IV
Satya
Please make it happen. Just $5 will never hurt anybody's economy / budget.
I wanted to cover 9 more souls if there is any acute shortage of even $5 (not to offend anyone), hence sent a check for $50
Suport IV
Satya
mhathi
07-18 07:45 PM
the $20/mnth was pulled a while back- hardly anyone was signing up for monthly contributions and everyone went for the lwoest amount. all in all a shameful situation. my humble suggestion- in a lumpsome, donate the amount equivelant to 20/mnth for the next 4 mnths ie $80, then when the EAD comes you can start recurring contributions.
Thanks! That is exactly what we discussed after posting the above. Check will be on the way for $80 soon.
Thanks! That is exactly what we discussed after posting the above. Check will be on the way for $80 soon.
2011 AS4789 Dog Days of Summer Clip
desi485
11-17 05:07 PM
Update: Googling and found the murthy forums thread which I mentioned earlier.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl (atleast 2 of them) reported successfully renewed EAD, AP while appeal to 485 denial was pending.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl (atleast 2 of them) reported successfully renewed EAD, AP while appeal to 485 denial was pending.
more...
gc_wow
03-12 11:57 AM
roughly I have donated close to $300-$400 for IV,i dosent matter if it says donor or member what ever as long as you are contributing something to iV.Ieven donated 25 for foia.
nixstor
07-06 11:20 AM
People are burying these posts as spam.. can we do something to make sure that doesnt happen?
I guess that tells how much public cares about our GC's. We want to spice up the story by adding other issues that can make our situation worse.
The only way we can get 4000 diggs is by having every info lurker digg it and individual comments.
I guess that tells how much public cares about our GC's. We want to spice up the story by adding other issues that can make our situation worse.
The only way we can get 4000 diggs is by having every info lurker digg it and individual comments.
more...
sroyc
07-11 01:25 PM
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!
2010 Your clip art will be
kumhyd2
07-18 09:08 PM
Folks,
This is just a suggestion. Talk to your local Sears/Macys/Food4Less/etc/Indian Groceries / Deals2buy.com to collaborate in purchasing the coupons so that people can go get the coupons and present it to the respective stores. In the process say get a portion of it being contributed to IV. Work out some percentage model in which case it would be easier for people to contribute that extra amount instead of separately pulling out their card (people are lethargic to do this) and contributing to the google check out fund drive. Of course the other one is just another supplement of getting funds
May be like google check out, why dont you have Amazon coupons.
if you guys already thought of this and dont think works out. Ignore the post.
This is just a suggestion. Talk to your local Sears/Macys/Food4Less/etc/Indian Groceries / Deals2buy.com to collaborate in purchasing the coupons so that people can go get the coupons and present it to the respective stores. In the process say get a portion of it being contributed to IV. Work out some percentage model in which case it would be easier for people to contribute that extra amount instead of separately pulling out their card (people are lethargic to do this) and contributing to the google check out fund drive. Of course the other one is just another supplement of getting funds
May be like google check out, why dont you have Amazon coupons.
if you guys already thought of this and dont think works out. Ignore the post.
more...
ita
08-25 08:13 PM
I'm looking for homeloan options in India. Which bank would be good to apply for home loans.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
hair a mid-summer application
chocolate
06-05 08:36 AM
Veni
I guess you are also speculating .. When people read the notes from aila (point 4) ,people do speculate till it becomes or does not become law.
http://www.aila.org/content/default.aspx?docid=22481
My labor is approved and i am yet to file 140/485/EAD/AP. Am i in trouble?Its still a bill right?Not a law.:mad: :mad:
I guess you are also speculating .. When people read the notes from aila (point 4) ,people do speculate till it becomes or does not become law.
http://www.aila.org/content/default.aspx?docid=22481
My labor is approved and i am yet to file 140/485/EAD/AP. Am i in trouble?Its still a bill right?Not a law.:mad: :mad:
more...
amitjoey
06-25 12:38 PM
IV members have saved you a lot of money on attorney phone calls, getting answers to medical test questions and other general questions. Please contribute to IV so that we can keep this effort going. While everybody is busy collecting documents and paperwork for 485, core IV again is doing there personal paperwork and + lobbying.
Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.
Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.
hot summer clipart
WillIBLucky
12-19 09:00 AM
If "you" meant me then FYI, I have contributed before and will be contributing again. I am no sencond thoughts on what IV core memebers are trying to achive and why they need money. I completely understand the need.
What am I saying is IV has done everything for Lame Duck session to try and get the bill passed. More money then would not have helped is what I think. Yes we could do better from the lessons we learnt from that day. We definetly need money for all this purpose. Most of the members here understand that and want to contribute too but you cannot expect everyone to be in a position to contribute due to various factors.
But you should not say that you are spending a lot of money on lawyers but members pay lawyers as there is no alternative. You would not be a part of IV if your GC is not filed and affected by retrogression. To get to being retrogressed you should pay the lawyers as without labor and i-140 you are not there yet.
Senator sessions was the key due to the lame duck session rules but going forward as i understand a majority can pass the bill..not ever one need to vote for the bill.
Money would help core do activities like setting up the web site, faxes, going to DC, educating law makers...nothing comes free in this world.
I am sure core team would like to post the account details on this web site and be done with it. And may be list down the number of hours and money they have spent from their personal accounts too. But there are some issues with that. We can always call them up for details if that is what is holding you from contributing. Its only a phone call away.
What am I saying is IV has done everything for Lame Duck session to try and get the bill passed. More money then would not have helped is what I think. Yes we could do better from the lessons we learnt from that day. We definetly need money for all this purpose. Most of the members here understand that and want to contribute too but you cannot expect everyone to be in a position to contribute due to various factors.
But you should not say that you are spending a lot of money on lawyers but members pay lawyers as there is no alternative. You would not be a part of IV if your GC is not filed and affected by retrogression. To get to being retrogressed you should pay the lawyers as without labor and i-140 you are not there yet.
Senator sessions was the key due to the lame duck session rules but going forward as i understand a majority can pass the bill..not ever one need to vote for the bill.
Money would help core do activities like setting up the web site, faxes, going to DC, educating law makers...nothing comes free in this world.
I am sure core team would like to post the account details on this web site and be done with it. And may be list down the number of hours and money they have spent from their personal accounts too. But there are some issues with that. We can always call them up for details if that is what is holding you from contributing. Its only a phone call away.
more...
house Clip Art Summer Leaves
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,
tattoo Summer Clip Art
pappu
06-10 01:18 PM
The best way is this .
1) Apply labor and I140 .
2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .
3) Return to Booming India and have fun and make money . Raise kids . Change jobs .
4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D
5) Retire in the USA in instead of India . :D
Advantages
**********
1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )
2) Give kids the Indian upbringing .
3) Enjoy with your family , friends and relatives
4) Come and back and retire in USA after retirement .
Why?
Is retirement better in USA?
Just curious to know the reasons.
1) Apply labor and I140 .
2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .
3) Return to Booming India and have fun and make money . Raise kids . Change jobs .
4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D
5) Retire in the USA in instead of India . :D
Advantages
**********
1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )
2) Give kids the Indian upbringing .
3) Enjoy with your family , friends and relatives
4) Come and back and retire in USA after retirement .
Why?
Is retirement better in USA?
Just curious to know the reasons.
more...
pictures clip art package.
gcpain
04-25 04:41 PM
This is good for everybody and solve lot of problems.
dresses Summer Clipart. Product 4/28
BEETU
08-02 05:18 PM
Sirkondoji,
Good job and thank you from my heart if this is going to be true. Please find me one more thing, where can i have info for my wife and son's I 94 going to get it, my H1B extension approved on 28th April 2007. Please.
Thanks
Good job and thank you from my heart if this is going to be true. Please find me one more thing, where can i have info for my wife and son's I 94 going to get it, my H1B extension approved on 28th April 2007. Please.
Thanks
more...
makeup clip art package.
iamreddy1
01-05 06:04 PM
My labour was filed in Dec 2004 With Boston DOL. I got my 45 day letter form philli processing center in aug 2006.
girlfriend Artfree clip art, school info
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...
hairstyles Vector clip-art illustration
PD_Dec2002
06-02 10:12 PM
Canadian_Dream, I think your interpretation is wrong..
------------------------------------------------------------------------
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
-------------------------------------------------------------------------
I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
java_jaggu :
yes, we both are saying the same thing.
Thanks,
Jayant
------------------------------------------------------------------------
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
-------------------------------------------------------------------------
I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
java_jaggu :
yes, we both are saying the same thing.
Thanks,
Jayant
mirage
08-04 05:20 PM
When you get the letter ready we'll send it again. It doesn't hurt to send them the letters 100 times.
I believe in 1 thing.... Is the media(in this case letter) imparting the message ? If the answer is 'Yes', we are done!!!!
Trust me my friend, spellings commas and fullstops doesn't matter...If you need to send out a message send it ASAP...
mirage, I am not trying to turn down this effort. In Fact, I have sent at least 50 letters as part of IV campaigns and I have written so many on my own. All I was saying that we need a professional letter that will have better impact. Once we have the letter ready, I will be the first one to send it out.
I believe in 1 thing.... Is the media(in this case letter) imparting the message ? If the answer is 'Yes', we are done!!!!
Trust me my friend, spellings commas and fullstops doesn't matter...If you need to send out a message send it ASAP...
mirage, I am not trying to turn down this effort. In Fact, I have sent at least 50 letters as part of IV campaigns and I have written so many on my own. All I was saying that we need a professional letter that will have better impact. Once we have the letter ready, I will be the first one to send it out.
lazycis
11-24 04:48 PM
it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.
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