Sunday, June 12, 2011

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  • User00
    01-10 10:11 AM
    Some good ideas and thoughts here. Here's my 2c :)
    One thing that no one has pointed out and I wonder if people even care about it, but to me its a BIG issue.
    All our hard earned $$$$ going into the Social Security and Medicare pool. Has anyone even thought about this ? If you look at your figure closely, it is the amount of money that an average american family saves over 1 year.
    I personally feel that it is too big a contribution to let it to waste and for me getting a green card would make me eligible to get all the benefits that I deserve and have rightly earned.
    Peace




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  • NolaIndian32
    03-12 01:42 PM
    I fully support a donor-based forum too. I support the concept as put forth by IV Core.

    Reddog, if information if free elsewhere, why are you still here at IV? If you are so unhappy with IV, why don't you find another forum where you CAN be happy?

    It is very easy to contradict or find errors.

    No body is getting paid here to have a tester test it.

    Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.




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  • nk2006
    10-17 04:19 PM
    {someone sent me a PM (with a red-dot to boot :) asking what is the plan?}

    As explained in the first post of this thread the current plan: is to write to ombudsman, service center etc and explain why this I485 denial is wrong. The letter format and addresses are provided in the same post. I request members to email ombudsman the letter - since their office got some attention on this issue its best time to send more. All you have to do is paste the letter and add your personal info and send email - take a few more minutes to print it and send hard-copy as well, just in case if they ignore emails.




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  • insbaby
    08-13 04:45 PM
    EB-3 won't need help when everyone else is done because the only people left to allocate visas would be EB-3 only . I guess we are just in for a long long wait.

    That situation never occur. EB2 is going to be always filled up. No one is going to apply in EB3 in future and all in EB2, so all will go to EB1,EB2.



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  • rbhatia88
    07-28 10:44 PM
    Urgent- Please help I-485 issue


    I filed for I-485 for my son on 2nd July but did not receive the receipt so far. My son is turning 21 next month, my lawyer is guiding me to file for F-1 for my son to be on the safe side. Is filing for F-1 going to effect the I-485. What will happen if approved F-1 comes before receipt?

    Anyone can help me with this issue?




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  • dewdrop
    07-19 02:09 AM
    Somehow i still think PD will be important.People are wondering how they are gonna pull out earlier pd's from the thousands that will pour in.Well,while entering the file into the system,they have to enter all this data right,in order to issue receipts.Surely they have a way of sorting the whole file by PD,becoz they know that after the retrogression,as and when visa numbers become available,they can just haul out the files by PD and see if security checks and fp are done!!In this case RD's are useless,except for EAD's and AP's or maybe to sort out the apps among the current dates itself!!!!If so,they can allot a number and we see the green!!!I'm sure i am missing out some key plot point here...but i wish the processing was as simple as the above!!!



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  • bharol
    08-13 05:20 PM
    EB2 requires Masters or 5 years of experience. For those waiting in the queue for more than 5 years should automatically qualify for EB2 because they have 5 years of experience. I dont care the fine wording that says the job needs Masters or 5 years of experience. We should push lawmakers for this option to reduce the huge backlog. What do others think of this option and start a campaign for it?

    Experience gained on the same position for which labor was filed, is not counted.
    Logic being that it would be seen as on job training and they could have
    easily hired a US citizen with less or no experience and trained him as well.

    So the experience should be before joining that position as temporary worker.

    Person offcourse can chose to quit the company and join another company
    and file in EB2.




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  • farhad
    08-20 02:13 AM
    Unfortunately, there isn't a fast lane for nurses. If your PD is April 31, 2007, my advise to you is to monitor the monthly Visa Bulletin and once your PD becomes current, you will know that it is just a few months ahead. For now, with the current turn of events, without the fast lane for nurses, you are looking at two years of waiting.

    tnx for the grade information
    does it takes 2 years for I-140 to be approved?! my gush! or its included the CP? then can you tell me what is the diff between I-485 and CP? and which one is runnig faster?



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  • samrat_bhargava_vihari
    02-13 04:20 PM
    It is an Emotional Achievement to me and free from lot of worries with boosted Energy.




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  • GCNirvana007
    09-17 06:21 AM
    Looks like IL is the place to get the license. No questions asked and you will get 5 years. I just had my license renewed for 5 years in Aug 2008 by mail even though my H1 expires in Oct 2009.

    No questions asked - 6 yrs in CT. Now fetch that. :p



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  • khukubindu
    01-03 11:42 AM
    Hello,
    We ( I and my wife) applied I-485, AP and EAD on July 26th, 2007 got recipt on Sep 26 th,2007. Finger printing done on Oct 31, 2007. My wife got her EAD and AP( 11/09/2007) and I got my EAD but my AP is not approved yet. I contacted with Texas Service center and they told that our (for me and my wife) namecheck and finger printing have been cleared. But my AP is pending because of background check. I asked is it different kind of check , she said yes but as usual could no tell how long it usuallky take to complete this kind of check and also when this background check has been requested.

    I need to travel in January. Does anyone has the same situation ? Please reply




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  • Not2Happy
    11-20 02:56 PM
    Jimi,
    I applaud your efforts to take the lead for the so cal chapter. I live in the San Fernando Valley in the Los Angeles county. I would be happy to assist you with any drive for our local chapter.

    Unfortunately your first step did not muster enough support from our volunteers. I guess we just need another jump start and we will be rolling. Lets give it another shot.



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  • desi3933
    07-06 11:06 AM
    .
    >> Although 30,000 people are IV members

    Update:
    18,344 members have zero post.
    21,807 members have zero or 1 post.
    27,370 members have zero to 10 posts.

    That should give an idea how many members are really "active" on IV.




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  • anilnag
    02-23 01:49 PM
    We can predict EB2 movement but EB3 is kind of gone case for this year too. Without any CIR, we can just pray that EB2 for all countries become current or at least move until july fiasco date (Aug 2007) so that spillover starts trickling to EB3.

    Since EB2 I/C after Aug 2007 PD haven't filed their I-485 yet so the visa numbers if any left out by clearing until Aug 2007 should go to EB3I (the most retrogressed country). I don't see it happening this year but in 2010 it's a possibility.



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  • soda
    08-12 09:46 AM
    If I had my I-485 applications mailed on July 2nd and had it postmarked on July 2nd, but reached USCIS on July 3rd, according to USCIS, does that mean that my application was filed on July 2nd?

    I'm asking this question again. Can someone please respond?




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  • needhelp!
    09-11 11:27 AM
    coopheal,

    Thank you for you generosity!



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  • audelinom
    02-23 11:26 PM
    Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.

    It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.

    We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.

    If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?

    I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.




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  • ags123
    03-07 03:15 PM
    I hope so too Green card fever. I am just hoping >22Feb05 and not just matching Eb2 C at 15Feb05. ;);)




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  • bharani
    09-11 04:41 PM
    Count me in




    santb1975
    06-03 09:33 PM
    Let's keep moving forward




    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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