indianabacklog
07-28 10:32 PM
Age Out Issue for filing I-485: Gurus, please advise me on the age out issue of my son.
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
I am sorry to hear about another child aging out. Those not affected can not imagine the anguish it causes. I also had to start my green card a second time because my first I140 application was denied. I have tried every which way to find a way round this issue. Constantly posting every time another person posts on this situation. IV to this point do not seem to be motivated to address this. While the parents on here will eventually get their green cards, these adult children lose their path. In reality these children are the real victims of labor backlogs and retrogression and it would be useful to use these instances to illustrate the misery that results from the backlogs and waiting periods. I am not down playing the plight of spouses who have to wait to be able to work, since my husband has been waiting (not always patiently) for eight years, so do understand this side of the problem as much as anyone else.
Please IV see this issue for what it is and that is a very real human issue that is destroying families. It could be used to everyone's advantage and highlight the human side of the broken employment based immigration system.
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
I am sorry to hear about another child aging out. Those not affected can not imagine the anguish it causes. I also had to start my green card a second time because my first I140 application was denied. I have tried every which way to find a way round this issue. Constantly posting every time another person posts on this situation. IV to this point do not seem to be motivated to address this. While the parents on here will eventually get their green cards, these adult children lose their path. In reality these children are the real victims of labor backlogs and retrogression and it would be useful to use these instances to illustrate the misery that results from the backlogs and waiting periods. I am not down playing the plight of spouses who have to wait to be able to work, since my husband has been waiting (not always patiently) for eight years, so do understand this side of the problem as much as anyone else.
Please IV see this issue for what it is and that is a very real human issue that is destroying families. It could be used to everyone's advantage and highlight the human side of the broken employment based immigration system.
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pmat
05-02 09:19 AM
FYI... I got the stimulus check ($1200) direct deposited in my account today. I am on H1B and my wife is on H4; both of us have SSNs.
Green06
07-18 03:04 PM
Started a reccuring monthly payment of $50. I will try to convince all my friends from Twin Cities (Minneapolis- St Paul) area to do the same.
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nursekm
10-03 10:28 PM
USCIS UPDATE - THIS IS SCARY
SEEMS LIKE 40,000 SCHEDULE A PETITIONS FILED DURING JULY/AUGUST.
( SCHEDULE A ARE THE ONLY PEOPLE WHO CAN FILE CONCURRENTLY.)THIS MEANS THAT EVEN IF THERE IS RECAPTURE, NEW FILERS WILL TAKE FOREVER TO GET THEIR GREEN CARDS. IF THE RECAPTURE IS A SMALL NUMBER LIKE 50,000, ITS GONNA BE HARD TO GET GREEN CARD BEFORE HITTING ANOTHER RETRO... DAMN WE ARE DOOMED !
http://www.lewslaw.com/US_Immigratio....htm#10022007a
USCIS Updates [Top]
At a recent AILA Conference, Michael Ayetes (USCIS Associate Director, Operations) announced, that during the months of July - August 2007, USCIS had received approximately 800,000 employment based adjustment applications (I-485s): 40,000 concurrently filed with I-140 petitions, 320,000 stand alone applications, and 400,000 dependent applications.
Of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. If most of the employment based cases filed in July-August 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.
Although USCIS has posted on its website that I-485 cases received on or before August 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of June and July 2007. Moreover, some cases initially filed in Nebraska and transferred to Texas have now been forwarded to the Vermont or California Service Centers for faster processing of receipts.
USCIS is making every effort to process EAD applications within 90 days of receipt. The processing of Advance Parole applications may be delayed due to the number of cases filed.
A Biometrics notice will be issued even if a visa number is not available at the time.
SEEMS LIKE 40,000 SCHEDULE A PETITIONS FILED DURING JULY/AUGUST.
( SCHEDULE A ARE THE ONLY PEOPLE WHO CAN FILE CONCURRENTLY.)THIS MEANS THAT EVEN IF THERE IS RECAPTURE, NEW FILERS WILL TAKE FOREVER TO GET THEIR GREEN CARDS. IF THE RECAPTURE IS A SMALL NUMBER LIKE 50,000, ITS GONNA BE HARD TO GET GREEN CARD BEFORE HITTING ANOTHER RETRO... DAMN WE ARE DOOMED !
http://www.lewslaw.com/US_Immigratio....htm#10022007a
USCIS Updates [Top]
At a recent AILA Conference, Michael Ayetes (USCIS Associate Director, Operations) announced, that during the months of July - August 2007, USCIS had received approximately 800,000 employment based adjustment applications (I-485s): 40,000 concurrently filed with I-140 petitions, 320,000 stand alone applications, and 400,000 dependent applications.
Of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. If most of the employment based cases filed in July-August 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.
Although USCIS has posted on its website that I-485 cases received on or before August 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of June and July 2007. Moreover, some cases initially filed in Nebraska and transferred to Texas have now been forwarded to the Vermont or California Service Centers for faster processing of receipts.
USCIS is making every effort to process EAD applications within 90 days of receipt. The processing of Advance Parole applications may be delayed due to the number of cases filed.
A Biometrics notice will be issued even if a visa number is not available at the time.
more...
MYGCBY2010
07-23 03:16 PM
Hey you are mentioning that you are in EB3 India with a Priority date of AUG 2004. When did you file for the I-485. To my knowledge it was never until this July Fiasco. Can you please explain.
orangutan
08-17 04:40 PM
GC Life screwed me badly, couldn't file in EB2 2 times even though eligible because of a couple of idiots, only action item I can think for myself is re file in EB-2 which I am doing it very soon and have an appointment wirh Mr.Khanna tomorrow.
more...
peace&joy
07-11 08:36 AM
Can't believe it either. Too good to be true!!!
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pani_6
08-19 12:17 AM
:)From friends and Family
more...
anandsubu74
02-12 02:55 PM
EB3/Nov 2003/NJ
Labor Approved Oct 2006
I-140 Approved Dec 2006
I-485 i doubt even if god knows anything about this....
Labor Approved Oct 2006
I-140 Approved Dec 2006
I-485 i doubt even if god knows anything about this....
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singhsa3
04-30 04:33 PM
Apume, I have send u a private messgae
Do I have legal broadcasting rights of uploading this for public viewing?
Rather, is it legal to do this?
if not i can send it to your gmail...
Do I have legal broadcasting rights of uploading this for public viewing?
Rather, is it legal to do this?
if not i can send it to your gmail...
more...
chanduv23
09-12 12:11 PM
can we put up forum threads here for state chapters or some kind of direct link or page for each individual state chapter
Doing state chapters through list servs is just not working out.
Most people here just want to discuss but when it comes to action - you will notice that they would not even give out their proper name to IV while registering - so mobilizing is not as easy as discussing it here.
Discussion forums are good because ideas emerge here - ideas are needed for execution and discussing pressing issues must lead us towards a path to execution.
The question is - can all those who do that talk actually walk the talk?
Doing state chapters through list servs is just not working out.
Most people here just want to discuss but when it comes to action - you will notice that they would not even give out their proper name to IV while registering - so mobilizing is not as easy as discussing it here.
Discussion forums are good because ideas emerge here - ideas are needed for execution and discussing pressing issues must lead us towards a path to execution.
The question is - can all those who do that talk actually walk the talk?
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unseenguy
02-11 01:24 AM
yes, my previous reply to your post was a bit sarcastic. Didnt mean to offend anyone!
Using your same token, can we say "there are many idiots here who don't know what parenting is and use their parents to get a life for themselves and then ditch them?"
Dude, straitjacketing doesn't work and as you said, it is totally based on circumstances. :)
Yeah right . You dont mean to offend by being sarcastic. Why are you in US? Go take care of your old parents in India? More than your money they need your physical presence there.
Oh wait, you probably have a brother who did not study much or maybe a sister in India who is taking care of them and you only provide monetory support.
And yes, I dont care if this offends you.
Using your same token, can we say "there are many idiots here who don't know what parenting is and use their parents to get a life for themselves and then ditch them?"
Dude, straitjacketing doesn't work and as you said, it is totally based on circumstances. :)
Yeah right . You dont mean to offend by being sarcastic. Why are you in US? Go take care of your old parents in India? More than your money they need your physical presence there.
Oh wait, you probably have a brother who did not study much or maybe a sister in India who is taking care of them and you only provide monetory support.
And yes, I dont care if this offends you.
more...
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qualified_trash
08-10 11:51 AM
I tried an ITIN but I got a formal response from IRS that the child needs to have a SSN to be eligible for the credit.
This is from the IRS website at:
http://www.irs.gov/faqs/faq7-2.html
Can I get the Child Tax Credit for a child with an ITIN, not a social security number?
Yes, with an individual tax identification number (ITIN), you can claim the Child Tax Credit if you otherwise qualify. The Child Tax Credit can only be claimed by the parent claiming the child as a dependent.
Please refer to the Form 1040 Instructions or the Form 1040A Instructions index for the Child Tax Credit. The referenced pages will explain who qualifies for the Child Tax Credit, and how to calculate it.
When you are finished with FAQs, please tell us if we have helped you by clicking here and taking a short survey.
References:
* Form 1040 Instructions
* Form 1040A Instructions
* Tax Topic 606, Child Tax Credit
As for:
If you ever filed your tax return yourself and have a kid, you will know what I mean.
I have filed returns for my child but my child was born here so we do have a SSN.
This is from the IRS website at:
http://www.irs.gov/faqs/faq7-2.html
Can I get the Child Tax Credit for a child with an ITIN, not a social security number?
Yes, with an individual tax identification number (ITIN), you can claim the Child Tax Credit if you otherwise qualify. The Child Tax Credit can only be claimed by the parent claiming the child as a dependent.
Please refer to the Form 1040 Instructions or the Form 1040A Instructions index for the Child Tax Credit. The referenced pages will explain who qualifies for the Child Tax Credit, and how to calculate it.
When you are finished with FAQs, please tell us if we have helped you by clicking here and taking a short survey.
References:
* Form 1040 Instructions
* Form 1040A Instructions
* Tax Topic 606, Child Tax Credit
As for:
If you ever filed your tax return yourself and have a kid, you will know what I mean.
I have filed returns for my child but my child was born here so we do have a SSN.
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ashutrip
06-21 01:41 PM
I agree with you 100%... no point in being paranoid about what can happen ... if it does we will find a way to deal with it
-M
I am just hoping we do not mis the July Bus :cool:
-M
I am just hoping we do not mis the July Bus :cool:
more...
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TeddyKoochu
12-11 10:58 AM
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
My pain is similar to yours buddy mine also took 6 months to file. The VB is now an monthly sadness event, even my wife is waiting for EAD, in the current time its almost impossible to get a job if one needs sponsorship read H1, despite being well qualified and having work experience. Also if we have EAD you probably would not have to go through H1B Extension (RFE's), I had to undergo this as well, fortunately my stamping was smooth. Until our day comes we just have to wait, I think the only chance is the new proposed 485 filing procedure when its implemented.
My pain is similar to yours buddy mine also took 6 months to file. The VB is now an monthly sadness event, even my wife is waiting for EAD, in the current time its almost impossible to get a job if one needs sponsorship read H1, despite being well qualified and having work experience. Also if we have EAD you probably would not have to go through H1B Extension (RFE's), I had to undergo this as well, fortunately my stamping was smooth. Until our day comes we just have to wait, I think the only chance is the new proposed 485 filing procedure when its implemented.
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Alien
03-13 12:57 AM
How does that work? There is no law or process to connect an abandoned labor. I had approved labor with a PD of 1999 that got lost when I switched companies. But no one seems to be connecting that to me.
I said I was *wondering*. Not quite a declarative sentence.
I said I was *wondering*. Not quite a declarative sentence.
more...
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delhirocks
07-21 03:57 PM
There are no US embassies on US soil..I think you meant USCIS local office and are alluding to "interim" EADs. USCIS discontinued that practice last year.
I thought if we dont get the EAD after 90 days, we can walk into the US Embassy in the city nearer to us and get the EAD on the spot(more like a driver's license).:eek:
I thought if we dont get the EAD after 90 days, we can walk into the US Embassy in the city nearer to us and get the EAD on the spot(more like a driver's license).:eek:
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gc_check
07-11 12:28 PM
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.
This was introduced very recently and unfortunately they are asking for a VISA Stamp in Passport. Earlier they were not issuing the DL without an ITIN if you do not have SSN; my wife had to wait for almost a year as you cannot apply for ITIN unless you send the W7 with your tax returns due to new regulations. Now they are NOT concerned on ITIN, but are looking for VISA stamp. Only thing that can be done online in NC with regards to DL is you can get a Duplicate DL online if lost or your address is changed. Try writing to Congressman David Price and see if you can get assist from him. I know this office has helped folks here on Visas before for other issues.
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.
This was introduced very recently and unfortunately they are asking for a VISA Stamp in Passport. Earlier they were not issuing the DL without an ITIN if you do not have SSN; my wife had to wait for almost a year as you cannot apply for ITIN unless you send the W7 with your tax returns due to new regulations. Now they are NOT concerned on ITIN, but are looking for VISA stamp. Only thing that can be done online in NC with regards to DL is you can get a Duplicate DL online if lost or your address is changed. Try writing to Congressman David Price and see if you can get assist from him. I know this office has helped folks here on Visas before for other issues.
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saimrathi
07-05 01:18 PM
Please send the contact info, I will call them too.. Iam from PA also..
Finally spoke to my congressman's Immigration contact in Bucks County PA.
He sounded supportive and said he will investigate the matter. I am going to call my state senators Sen Specter and Sen Casey's office as well.
People in PA, unite and call these lawmakers.
Finally spoke to my congressman's Immigration contact in Bucks County PA.
He sounded supportive and said he will investigate the matter. I am going to call my state senators Sen Specter and Sen Casey's office as well.
People in PA, unite and call these lawmakers.
rajeshalex
07-11 07:14 AM
I am posting the whole thing here.
Category India Most Other Countries
F1 15 March 2002 15 March 2002
FX Unavailable Unavailable
F2A 1 October 2003 1 October 2003
F2B 1 November 1999 1 November 1999
F3 8 June 2000 8 June 2000
F4 22 February 1997 8 September 1997
E1 Current Current
E2 1 June 2006 Current
E3 Unavailable Unavailable EX Unavailable Unavailable
EW Unavailable Unavailable
E4 Current Current
E4-Religious Current Current
Rajesh
Category India Most Other Countries
F1 15 March 2002 15 March 2002
FX Unavailable Unavailable
F2A 1 October 2003 1 October 2003
F2B 1 November 1999 1 November 1999
F3 8 June 2000 8 June 2000
F4 22 February 1997 8 September 1997
E1 Current Current
E2 1 June 2006 Current
E3 Unavailable Unavailable EX Unavailable Unavailable
EW Unavailable Unavailable
E4 Current Current
E4-Religious Current Current
Rajesh
vpadman
01-14 10:29 PM
I have received a mail from USCIS regarding the emergency AP. They want evidence regarding this emergency AP.
I am getting this for business travel and will get a letter from my company. However, is there any specific format to this letter?
If any of you have obtained an AP for business travel, please advise.
Thanks
I am getting this for business travel and will get a letter from my company. However, is there any specific format to this letter?
If any of you have obtained an AP for business travel, please advise.
Thanks
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