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05-31 02:43 PM
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09-11 07:47 AM
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jojet
03-04 02:33 PM
HI GUYS,
me and my spouse filed 1485 in july 2007 with a received date of 10/07/07.
we donot see anychanges online other than the case received and pending notice.
is there a way we can find the status of our case.if name check is cleared,any further finger printing as we only did once in 2007.ours is eb3.any input highly appreciated.
me and my spouse filed 1485 in july 2007 with a received date of 10/07/07.
we donot see anychanges online other than the case received and pending notice.
is there a way we can find the status of our case.if name check is cleared,any further finger printing as we only did once in 2007.ours is eb3.any input highly appreciated.
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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...
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...
more...
permfiling
12-11 03:07 PM
There could be lots of folks who missed July 07 fiasco. For the people who were able to file during July 07 that EAD is working as good as green card for now.. wish we could. Here is my case if that makes you feel little better that there are lots of people who missed the boat, I Had approved labor with PD Mar 06 and I-140 and i changed my Job in Mar 07 because of issues with desi company. I never imagined that dates will become current in just three months.. :mad:
Now i am still waiting for my labor.. I recently got three years H1b extension. This extension seems like green card to me :o
IVAR,
I am in the same boat as well. I have my PERM pending and it is forever now with the PERM delays.
Now i am still waiting for my labor.. I recently got three years H1b extension. This extension seems like green card to me :o
IVAR,
I am in the same boat as well. I have my PERM pending and it is forever now with the PERM delays.
factoryman
06-21 11:47 AM
process, thanks to Cohen & Grisby PERM presentation at the recent AILA conference.
So, things might slow down for PERMs due to this. Of course it will. See my posts about C & G elsewhere.
So, things might slow down for PERMs due to this. Of course it will. See my posts about C & G elsewhere.
more...
villamonte6100
03-31 02:58 PM
Dude, easy, take care of your heart, you might get a heartattack.
They have processed millions of applications and GCs already.
I am as frustrated as you are, but I am sure they have a system and management in place. Call it crappy or not.
Their objective is to provide service to the customers, we are their customers, we are giving them exorbitent amount of money as fees. I don't know of any other Organization/Company who provides as crappy service as they do, what would you call their management then ???
They have processed millions of applications and GCs already.
I am as frustrated as you are, but I am sure they have a system and management in place. Call it crappy or not.
Their objective is to provide service to the customers, we are their customers, we are giving them exorbitent amount of money as fees. I don't know of any other Organization/Company who provides as crappy service as they do, what would you call their management then ???
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gchope07
07-18 03:14 PM
I am confused about receipt date?
Notice date is when the receipt notice is generated- That's simple
Is receipt date the date when they do data entry into the system or is it the date when they receive the package even though they may do data entry a month later?
In other words people who filed there application on July 2nd,3rd etc ... and lets say USCIS takes 2 months to receipt those cases.. then after 2 months when the notice is generated won't it have a July 2nd receipt date? for July 2 filers?
Notice date is when the receipt notice is generated- That's simple
Is receipt date the date when they do data entry into the system or is it the date when they receive the package even though they may do data entry a month later?
In other words people who filed there application on July 2nd,3rd etc ... and lets say USCIS takes 2 months to receipt those cases.. then after 2 months when the notice is generated won't it have a July 2nd receipt date? for July 2 filers?
more...
irock
07-18 02:26 PM
Contributed $100. Will sign up for recurring.
Also referred many of my friends to this site who are also contributed.
Paypal Transaction ID: 8M951494VW646135K
We all love IV.
Also referred many of my friends to this site who are also contributed.
Paypal Transaction ID: 8M951494VW646135K
We all love IV.
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villamonte6100
04-01 10:22 AM
If you need solutions to your problems, you need to act as professionally as possible. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against the USCIS. Would you be brave enough, if not foolhardy enough, to reproduce whatever you've said in your threads here in a separate letter and send it out to the USCIS? Trust me, you'll not, since you'll act politely and courteously to make out your case. Decorous behaviour is called for when dealing with pertinent issues in the IV forum.
Cheers Mate!
Cheers Mate!
more...
qplearn
12-18 05:54 PM
you are right, and it would be nice, however
it's clear our funds are not exactly astronomical.
so let's concentrate on building them up first along with our membership.
then we can sit back and worry about how much more is really needed....
For instance, I am sure maintaining this web site must cost money. How much more money is needed for our main cost drivers until March (for instance) --- by which time we are hoping some action will be taken?
Adding more members will always help because it produces a bigger impact on senators/ house reps
it's clear our funds are not exactly astronomical.
so let's concentrate on building them up first along with our membership.
then we can sit back and worry about how much more is really needed....
For instance, I am sure maintaining this web site must cost money. How much more money is needed for our main cost drivers until March (for instance) --- by which time we are hoping some action will be taken?
Adding more members will always help because it produces a bigger impact on senators/ house reps
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needhelp!
09-10 05:38 PM
It goes a long way.
Thank yous to:
Madhuri, rajusk, immuser, manish_jain99, meandmygc, GC_1200, srinivas06, mhathi,ssprof
Thank yous to:
Madhuri, rajusk, immuser, manish_jain99, meandmygc, GC_1200, srinivas06, mhathi,ssprof
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kondur_007
12-10 04:20 PM
Does this mean that spill over is not "quarterly" as we've been discussing
Yes, that's is correct. and they clarified (once more) that "when spill over occurs, PD of oversubscribed countries will move together".
For example, if EB2 India and China has different PDs, spillover is not occuring.
Additionally, it looks like demand in Eb1 is high enough that spill over may not be big, and so even with spill over, EB2 PD will not cross 2005. (they are saying indirectly that dont hold the hopes for big jump in the last quarter this year....)
USCIS seems to be working very efficiently and has a good grasp on the number of applications now (at least it seems...). All that extra staff they hired for July 2007 fiasco is working now and there is not much new filing. System will stay efficient until the time comes for them to handle 12 million undocumented after the CIR.
Yes, that's is correct. and they clarified (once more) that "when spill over occurs, PD of oversubscribed countries will move together".
For example, if EB2 India and China has different PDs, spillover is not occuring.
Additionally, it looks like demand in Eb1 is high enough that spill over may not be big, and so even with spill over, EB2 PD will not cross 2005. (they are saying indirectly that dont hold the hopes for big jump in the last quarter this year....)
USCIS seems to be working very efficiently and has a good grasp on the number of applications now (at least it seems...). All that extra staff they hired for July 2007 fiasco is working now and there is not much new filing. System will stay efficient until the time comes for them to handle 12 million undocumented after the CIR.
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coopheal
07-11 10:00 AM
Congrates EB2.
Hope 2008-2009 is better for EB3
Hope 2008-2009 is better for EB3
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johnnybhai
07-14 01:03 PM
Done!
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abhijitp
07-15 01:33 PM
For the long run, we REALLY need "monthly sign-ups"! However every drop counts, so I am going to pitch in with my $5! Good initiative eb3_nepa!
more...
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Green.Tech
06-20 05:19 PM
...and contribute
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greenlight
06-10 05:57 PM
Your PD in EB3 for ROW will be back into track in October 2008 as its said in the current visa bulletin dated Jul 2008 for EB3 preference. So once it is back to current in October then the new visa numbers will be alloted. Then you will get your GC. So just wait till October to receive your GC confirmation.
Good Luck!!!
Thnk you, Vdlrao, and other members for response to my question. They were very encouraging. I am grateful to have this IV community to provide and seek support.
Good Luck!!!
Thnk you, Vdlrao, and other members for response to my question. They were very encouraging. I am grateful to have this IV community to provide and seek support.
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mirage
08-04 03:23 PM
I never give any red or green dot to anybody nor do I care what I have. As, you said what you felt was right, other users did the same to you...
I got red dots, just because I raised my concerns against factual errors in the letter. I have never mentioned that I am against sending letters. Just that emotional outburst is not going to help EB-3 India applicants.
Good Luck and I hope everyone gets GC soon.
____________________________
US Permanent Resident since 2002
I got red dots, just because I raised my concerns against factual errors in the letter. I have never mentioned that I am against sending letters. Just that emotional outburst is not going to help EB-3 India applicants.
Good Luck and I hope everyone gets GC soon.
____________________________
US Permanent Resident since 2002
jthomas
01-05 11:17 PM
I don't agree with you Gayatri.
As per my experience, America does not have more educated skilled engineers. I have couple of friends who are MS holders and cannot fit with BE level engineers in India. I am talking about those guys who were born and grew up in the US. Secondly, most of the engineering companies have asians as engineering managers and directors. He had mentioned that most of the industries in silicon valley were started by immigrants from China and India. Do u want to count them as engineers from US?? They are the top engineers from the asian countries. So i don't buy his comments.
So are you judging all of India's education by the IIT's? I didn't graduate from IIT and so didn't 99.9% of Indian IT people.
I can tell you for a fact that Universities in America are much better than those in India. This is why I came here and I went to an average university here which I could afford.
What Professor-ji said in the video was that Indians were successful DESPITE the poor education they received in India. India is becoming a world superpower in research and development DESPITE this. I believe this is true. Indians know how to compete and will be world leaders because they work hard and think smart.
Lets not fool ourselves at least!! We need to learn to accept the truth.
As per my experience, America does not have more educated skilled engineers. I have couple of friends who are MS holders and cannot fit with BE level engineers in India. I am talking about those guys who were born and grew up in the US. Secondly, most of the engineering companies have asians as engineering managers and directors. He had mentioned that most of the industries in silicon valley were started by immigrants from China and India. Do u want to count them as engineers from US?? They are the top engineers from the asian countries. So i don't buy his comments.
So are you judging all of India's education by the IIT's? I didn't graduate from IIT and so didn't 99.9% of Indian IT people.
I can tell you for a fact that Universities in America are much better than those in India. This is why I came here and I went to an average university here which I could afford.
What Professor-ji said in the video was that Indians were successful DESPITE the poor education they received in India. India is becoming a world superpower in research and development DESPITE this. I believe this is true. Indians know how to compete and will be world leaders because they work hard and think smart.
Lets not fool ourselves at least!! We need to learn to accept the truth.
amsgc
06-26 12:55 AM
In this debate, it is important to consider what "America" really means:
It is not just tech. companies or the USCIS - it is every big, small and mid-size enterprise, school, hospital, university, firestation, state/federal govt etc. It is the local community in which we live, the neighbors we interact with, the folks at the check out counters, our children's daycare, and ofcourse it is our fellow American co-workers, supervisors and friends.
In the final cost & benefit analysis, I am just curious to understand how America stands to gain by preventing the free movement of high skilled labor and intellect across the country. How does it benefit by preventing individuals from getting a higher education or a promotion. It is already too late for most of us to give up at this stage of the process, so most of us will wait it out, and eventually get the green card. If it is going to be 5 yrs. from now, then why not now?
Perhaps the questions should be:
"What is America gaining by keeping high skilled individuals in this state of perpetual limbo"?
And
"What is the cost to America of giving out a Green Card to a high skilled immigrant whose petition to immigrate has been approved by the US govt.?"
It is not just tech. companies or the USCIS - it is every big, small and mid-size enterprise, school, hospital, university, firestation, state/federal govt etc. It is the local community in which we live, the neighbors we interact with, the folks at the check out counters, our children's daycare, and ofcourse it is our fellow American co-workers, supervisors and friends.
In the final cost & benefit analysis, I am just curious to understand how America stands to gain by preventing the free movement of high skilled labor and intellect across the country. How does it benefit by preventing individuals from getting a higher education or a promotion. It is already too late for most of us to give up at this stage of the process, so most of us will wait it out, and eventually get the green card. If it is going to be 5 yrs. from now, then why not now?
Perhaps the questions should be:
"What is America gaining by keeping high skilled individuals in this state of perpetual limbo"?
And
"What is the cost to America of giving out a Green Card to a high skilled immigrant whose petition to immigrate has been approved by the US govt.?"
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