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  • ash0210
    06-02 05:24 PM
    As per USCIS, childrens are aged out after they becomes 21 and their I-485 could be rejected.

    However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.

    In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.

    Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.

    Pl be advised to consult your immigration lawyer...

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




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  • GCwaitforever
    08-02 08:40 PM
    I am also interested in helping out. Definitely on weekends.:)




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  • desi3933
    08-04 11:49 AM
    There's no law that employer should borne the cost of GC.

    I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.

    I have spent almost 10K in my GC process until last year and 2K this year for EADs and APs.

    2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.

    I spend about 3 K in one more GC process I started several years back which I abandoned because I changed the emloyer.

    That was your choice.

    I Spent 1000s of dollars in Visa stamping, H4 renewals. And yes I'm stuck for almost a decade.

    H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.

    There are at least 10 people I know who are in similar situations, so I'm guessing there'll be thousands in USA. These are facts it may not apply to you but does apply to lot of people here...

    One hand, you are saying guessing and still insist that it is based on facts.




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  • Green.Tech
    06-10 08:39 PM
    ..on top!



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  • vaishnavilakshmi
    08-07 12:15 PM
    hi all,

    USCIS has edited the reciept update of NEBRASKA EMPLOYMENT BASED I-485 TO 7/1/07.please go thru this link.This means it is still looking after the june end applications for reciepts.

    http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf

    vaishu




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  • ItIsNotFunny
    10-21 01:16 PM
    Yes its a very serious issue. As chandu mentioned earlier more action items are coming soon to fight this. But in the meantime please show your support and your willingness to fight this - if you havnt sent the mail yet, please do it and vote in the poll above. When we started this campaign, I though that at least a few hundred people will come forward easily - now is the time to act.

    With you.



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  • danu2007
    05-22 05:02 PM
    I have made a one time contribution of $100.

    Receipt ID: 97J49355KG857603M

    Thanks




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  • sj2273
    08-04 04:40 PM
    How about if we frame a well thought out letter..and present facts and start mass mailing - maybe once a month - every month. That we they will hear from us every month - in bulk.

    How about if we dont use words like bonded etc and just repeatedly request the system to be repaired. Use of words like bonded etc can send a wrong signal.

    We can also add our stories in there to give that emotional/human touch - eg. I can say that I have been in this country since 1999 and still waiting. If I look at my W-2s from 2001 (when I started working), I must have consistently paid about 10k in taxes to the Federal Govt and another 3k to the State every year. that makes my tax contribution to about 90k-100k in 8years..I think thats huge and I am still waiting, for being a tax paying and law abiding citizen just because the Immigration system is broken. I am a recruiter and I recruit US Citizens in large numbers for large govt projects, offering them really high salaries - while I am helping them "indirectly" realize their American Dream - my dreams are nowhere in the horizon. My wife works in the Child Welfare System and she helps broken families get back on their feet - while she is putting together their broken families - our family is still stranded in the system with no sign of moving forward.

    Just a passing thought! I thought I should run this by you all. Thanks for reading.



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  • uma001
    05-19 09:59 AM
    This is the reply I got form Nevada Senator

    Thank you for contacting me regarding immigration reform. I value the opinions of every Nevadan and am grateful to those who take the time to inform me of their views.

    America is a nation of immigrants but also a nation of laws. The national security of the United States depends on an immigration policy that first and foremost secures our borders. Our immigration policy also must demand accountability from those who hire illegal workers by creating a national employee verification system that employers would be required to use to verify the legal status of their employees and imposing severe penalties for employers who hire illegal workers. We should welcome those who want to enter the country legally, learn English, maintain employment, pay taxes, and contribute to our communities. We should not have to accept those who are not working full time; who have committed a crime or may present a danger to American citizens or legal immigrants; or who go on, or are likely to go on, public assistance or become dependent on any other government program.



    I think we can all agree that our current immigration system is broken and that our schools, hospitals, and law enforcement are bearing the weight of its failures. Our prison system is overcrowded, and costs incurred from incarcerating criminal aliens continue to rise. The Department of Justice estimates that one in five federal prisoners, and more than one in ten state prisoners in Nevada, are non-U.S. citizens. That is why I support the Department of Homeland Security's Immigration and Customs Enforcement initiatives that give state and local law enforcement the necessary tools to stem illegal behavior, such as the expansion of the Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) program. The REPAT program paroles non-violent criminal aliens serving state sentences so they can be deported. In Nevada, 2,560 criminal aliens were flagged for removal in Fiscal Year 2008 and 2,183 in Fiscal Year 2009. Reform is necessary and should be in America's best interests and not encourage additional illegal behavior.



    Once again, thank you for contacting me on this very important issue. If you should have any further questions or comments or would like to sign up for my monthly newsletter, please feel free to write or e-mail me via my website at John Ensign, United States Senator of Nevada: Home (http://ensign.senate.gov).



    Sincerely,



    JOHN ENSIGN

    United States Senator



    JE/RD




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  • khukubindu
    01-18 10:11 PM
    Hello Rameshk75,
    Thank you very much for your reply. It gave me a mental peace. Do anyone believe if I go to the local office on next tuesday they will do something for me ?



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  • vbkris77
    12-10 04:17 PM
    HOW IS THE PER-COUNTRY LIMIT CALCULATED?

    Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

    - The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.

    - INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?

    Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.

    WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?

    Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.


    In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?

    State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.




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  • vinzak
    02-24 10:49 AM
    I don't know if anyone of you has ever gotten on a rush hour train in mumbai. But before leaving for the US, a wise man told me that going to the US is like getting on a train in Mumbai, it's a struggle to get in. You'll have to push, shove, maybe stand on the footboard for a while. But once you get in, hold on tight until you get to your station. That's the philosophy I apply to all of this green card mess. I will hold on tight until my station comes.

    My personal opinion is that the US is really not that unfair when it comes to immigrants. All the complaining that we do about unfairness, we do because we hold the US to American standards. We expect justice, effeciency, fairness that is expected of the US of A. We would not even have a chance to complain in most other countries (such as the middle-east, asia and to some extent Europe), because we would quite simply agree that we are always foreigners in those lands, no matter how long we live there, and that our rights as foreigners are limited.

    Despite not having a GC, I have never felt like a foreigner here (I grew up in a bunch of countries, so I think I have a a few points of reference). I don't think having a GC will change anything. I can buy property and invest, work as I like, drive a car, speak my mind, pretty much do anything an american can.

    We all seem to think GC is a magic bullet that solves all our problems. But in my observation, I have seen people languish in middling careers even after getting a GC, and I have seen people shoot up in their careers, or start successful businesses on H1B. GC might make things easier, but it certainly will not ensure success.

    All of us are intelligent, enterprising risk-takers. I say risk-takers because setting up life in a new country is always fraught with risk. And we have taken that path. So we must accept all the ups and downs that come with it.

    So my friends, if you're on the train, hang tight till your station comes. If you're planning to jump off mid station make sure you jump off in the direction of the train. :)



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  • kevinkris
    05-23 03:07 PM
    Toppp




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  • villamonte6100
    04-02 01:37 PM
    Villamonte - the laws are such that USCIS cannot screw up much for ROW, especially if they are not in EB3. I hope you are not gloating much about your luck. However, you cannot extrapolate your fortune to say that USCIS is an efficient organization.

    However, the laws are such that USCIS does screw up a lot with EB2 & 3 for India and China. They have to play games of predicting visa number availability between two departments (DOS & USCIS). They completely screw up the FIFO for Indians and Chinese within Indian & Chinese applicants. Luckily the FBI namecheck nightmare is over which will restore some sanity. There are many people who have to wait for years due to USCIS inefficiency.

    I know an Indian case where PD was current and USCIS screwed up. He had to sue USCIS to get it fixed.

    D.E.D is such a numbskull retard that he doesn't understand these concepts. All he harps is that you cannot investigate USCIS and USCIS awards H1B. The greatness of American democracy is that even a foreigner can ask the courts to investigate the wrongs a govt organization has done to them. In fact most democracies around the world allow that.

    Besides USCIS does not award the H1B. It just follows the laws set forth by the congress and processes the H1B applications based on those laws.

    D.E.D. just go back to the cave where you came from.


    You are entitled to your opinion.



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  • govindk
    07-14 02:32 PM
    Genius...Great work!

    Sent....payment Transaction Number is 411666815

    ------------------------------------------
    Contributed so far $200 + $5(today)




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  • ink_123
    07-18 06:45 PM
    Will do more in the future. Thanks IV for all your efforts



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  • HV000
    09-28 11:50 PM
    Is it possible to send a letter to SEN.CORNYN AND REP.LOFGREN demanding USCIS to release BACKLOG NUMBERS upto date and NUMBER OF VISAS used up for 2007 year??




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  • leoindiano
    04-30 03:22 PM
    "Lowsy job and recapturing wouldn't help a lot! needs to explore other possibilities..."

    I smell some delay tactics there...:)




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  • Junky
    09-10 09:53 AM
    :D:D:D:D:D
    Looks like last night's particle accelerator experiement sent us back in time!:D




    rb_248
    06-10 08:13 AM
    Atleast EB2 is not moving back. I hope EB2 moves forward begining this October.

    EB3 guys - Hope it dosen't nove back from where it was last month come October for you all.




    bsbawa10
    02-19 01:57 AM
    Trust me, my friend - I surely believe in systematic movement and by this june/july it will be Dec05 or beyond. Dates for EB2 have stayed around apr04 for really longer and then suddenly to 06. Very few perms were cleared in 05 (as per your posting). It should logivcally be past 2005 , never to go back.BTW ,we missed GC last aug/sept lotto

    Me too. Actually , when the movement is not systematic and the gates are wide open, then they randomly pick up the cases and approve whatever file comes to them. The ones with older PDs suffer a lot while the ones with new ones get their GCs.



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