SA EB3 Retro
08-13 05:19 PM
Congrats: I feel better after seeing your posting. Mine too was received by R William at 7.55 on 7/2. May be it is on way too
Thanks. It appears they are working their way through the July 2nd filers. I was getting quite nervous as my current visa expires this year and is non-renewable. If the checks had not been cashed last week, I probably would have re-filed the paperwork this week. (If my attorney thought that would be in my best interest.)
Best of luck to you and all other's that are still losing sleep over this. ;)
Thanks. It appears they are working their way through the July 2nd filers. I was getting quite nervous as my current visa expires this year and is non-renewable. If the checks had not been cashed last week, I probably would have re-filed the paperwork this week. (If my attorney thought that would be in my best interest.)
Best of luck to you and all other's that are still losing sleep over this. ;)
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ravise
12-10 04:30 PM
till now we have not seen such detailed explanation in visa bulliten. Some thing to be feel good about.
Regarding EB2 spillover; i think their main problem with quarterly spillover is to move both EB2I and EB2C to the same priority date. If the spillover quantity is so less.
From one of the privious pdf from USCS number of EB2I applicants between between 22JAN05 and 01MAY05 were nearly 4K. I don't think there can ever be 4000 splillovers to EB2 in a single quarter. Remember spillover from EB1 to EB2 can only happen during the year end and quarterly spillover only includes intra catogiry.
all personal analysis/openion.
Regarding EB2 spillover; i think their main problem with quarterly spillover is to move both EB2I and EB2C to the same priority date. If the spillover quantity is so less.
From one of the privious pdf from USCS number of EB2I applicants between between 22JAN05 and 01MAY05 were nearly 4K. I don't think there can ever be 4000 splillovers to EB2 in a single quarter. Remember spillover from EB1 to EB2 can only happen during the year end and quarterly spillover only includes intra catogiry.
all personal analysis/openion.
champak3
06-16 02:04 PM
Didn't realise they now have a PERM backlog center. I thought baclkog centers were only for traditional and RIR labours, I guess there is no end to the circus of immigration life.
officially no PERM backlog center exist....but the way Atlanta is processing cases...i think we can call them the backlog center when compared to Chicago which is processing it in a week or two :-))
officially no PERM backlog center exist....but the way Atlanta is processing cases...i think we can call them the backlog center when compared to Chicago which is processing it in a week or two :-))
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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...
ramus
09-10 10:11 AM
Thanks...
pappu is giving update after each couple hours.. Thanks for contribution.
Guys,
here is my humble contribution of 100.
keep up the great work.
A suggestion, lets keep a tally where we are for contribution goal,
this will encourage everyone to contribute more and round off any shortfalls
in overall contribution.
Thanks
On a side note,
This is my understanding, even if there are some harsh things said
on the forum, but in all everyone appreciates the great work being done
by this group.
pappu is giving update after each couple hours.. Thanks for contribution.
Guys,
here is my humble contribution of 100.
keep up the great work.
A suggestion, lets keep a tally where we are for contribution goal,
this will encourage everyone to contribute more and round off any shortfalls
in overall contribution.
Thanks
On a side note,
This is my understanding, even if there are some harsh things said
on the forum, but in all everyone appreciates the great work being done
by this group.
eb3_nepa
03-09 01:21 PM
Black_logs are you ABSOLUTELY sure that they eat into the EB3 numbers? On the Visa Bulletin, they have a seperate entry below the EB3. Just curious if we are getting this Schedule A thing correctly
more...
gcformeornot
05-31 12:41 PM
^^^^^^^^^^^^^
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chintu25
09-11 04:40 PM
Singhsa
I am in
:mad::mad::mad:
I am in
:mad::mad::mad:
more...
snathan
02-09 10:28 PM
Lets make the EB2 date to 28 Dec 05..tthat will cover my PD :D:D:D
For that you have to donate.
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
For that you have to donate.
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
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vdlrao
06-10 11:23 AM
DUI(Drive Under Influence)
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ronhira
07-06 02:30 AM
U need to change ur handle :-)
now that's not fair, i don't know how to change my handle, just think for a minute that my handle is - let me pick another name out of the blue - how about matloff. would that work?
now that's not fair, i don't know how to change my handle, just think for a minute that my handle is - let me pick another name out of the blue - how about matloff. would that work?
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sands_14
09-29 10:22 AM
SO,can we all try to get the unused visas recaptured.If they can do that for nurses and physical therapists ,they can do that to decrease retrogression.I dont think they require senate approval.
Something is better than nothing.Lets push for recapture of unused visas.
Something is better than nothing.Lets push for recapture of unused visas.
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subahjaani
07-06 11:54 AM
Is IV a big organization ? Yes. Definitely. With more than 20K members it is a big org.
But what transparency do you or we need about contribution money ?
Overall I had not seen monthly contribution going more than 2 - 3 K per month in last 3 years. And I think that would be enough to maintain the server and software cost, that too if spend very carefully. Cause we have more threads than contributions and it does costs to maintain and keep servers / Software up.
Now ask yourself ! ! !
Do I need to know the expenditure report ? My answer would be NO.
well said.
But what transparency do you or we need about contribution money ?
Overall I had not seen monthly contribution going more than 2 - 3 K per month in last 3 years. And I think that would be enough to maintain the server and software cost, that too if spend very carefully. Cause we have more threads than contributions and it does costs to maintain and keep servers / Software up.
Now ask yourself ! ! !
Do I need to know the expenditure report ? My answer would be NO.
well said.
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sunofeast_gc
07-23 06:27 PM
This is aboslutly not possible; he/she is trying to fool every one. Before retrogression, the last date to file a 485 for a EB3-Indian with PD 08/2004 was 12/31/2004. From Jan 2005 till July 2007 EB3 Inida was retrogressed for his PD. So he/she could not apply 485 in Feb 2005. The other optins could be he/she may be in EB2 catagory or a Schulde A nurse.
I was in similar time frame; So I know the date well....
Same thing came in my mind too....
it must be EB2 or a Schulde A nurse
anyway it good to know that someone got GC...
I was in similar time frame; So I know the date well....
Same thing came in my mind too....
it must be EB2 or a Schulde A nurse
anyway it good to know that someone got GC...
more...
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h1techSlave
10-01 10:27 AM
EB limits�The 1990 Act specifies that the worldwide limit on EB preference immigrants is equal to 140,000 plus unused FS-preference visas in the previous year.
What can we do, so that USCIS does not really issue that many FS category visas during 2007 - 2008?
What can we do, so that USCIS does not really issue that many FS category visas during 2007 - 2008?
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ps57002
07-27 03:38 PM
any recent approvals...please let us know..give us hope....
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tsnaresh
07-15 10:32 PM
Keep up the good work!!! I have just sent a check for $50 online.
Thanks
Thanks
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pd_recapturing
11-25 09:37 PM
bkn96, Thanks a lot for this information.
Guys, I was just wondering whether we can talk to Ron Gotcher/Greg Siskind to take up our case with AILA or USCIS. Ron Gotcher seems to be very very unhappy about this wrong doing of USCIS. Any suggestion?
Guys, I was just wondering whether we can talk to Ron Gotcher/Greg Siskind to take up our case with AILA or USCIS. Ron Gotcher seems to be very very unhappy about this wrong doing of USCIS. Any suggestion?
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snathan
02-08 08:04 PM
you need to stop getting answers from others and solve this problem amicably with you wife. There is nothing better than a one-one discussion with her.
Marrying is like buying a company, you have a moral obligation to account for any liabilities she may have.
Understand, she may have been the sole income earner in India for her parents. It doesnot hurt for you to send say 200-300 dollars every month. 700 dollars every month from your check is not that big deal (350 for each family). Don't make it a long term solution.
You have filed 485, what stops your wife from getting a job here?? Does she want to stay at home, watch TV and enjoy life? if she thinks that way, let her know, if she wants to send money to her parents long term, she needs to get out of house, find a job
Your wife should also have the heart to not burden you with financial requests. If she can get a job here, she should. If she earns money, its her's and its upto her how she spends that. If you can afford to tell her that, do it.
These are somethings that you folks should have thought by now and discussed. If not, then you know now
Read his case fully. Her two sisters and brother are also in the US...She is not the sole bread winner.
Marrying is like buying a company, you have a moral obligation to account for any liabilities she may have.
Understand, she may have been the sole income earner in India for her parents. It doesnot hurt for you to send say 200-300 dollars every month. 700 dollars every month from your check is not that big deal (350 for each family). Don't make it a long term solution.
You have filed 485, what stops your wife from getting a job here?? Does she want to stay at home, watch TV and enjoy life? if she thinks that way, let her know, if she wants to send money to her parents long term, she needs to get out of house, find a job
Your wife should also have the heart to not burden you with financial requests. If she can get a job here, she should. If she earns money, its her's and its upto her how she spends that. If you can afford to tell her that, do it.
These are somethings that you folks should have thought by now and discussed. If not, then you know now
Read his case fully. Her two sisters and brother are also in the US...She is not the sole bread winner.
geesee
08-20 11:35 PM
Here in NJ(at least in Somerville), they ask for H1B approval notice. No need to have the visa stamped on passport.
santb1975
05-23 12:54 AM
If you have made a contribution and posted on this thread or on the thread we had before your name should be on the list. We do not have an automatic way of updating this list once someone had made a contribution through paypal at this time. Every night I go through this thread, update numbers and names. I could have made a manual error and missed some names but once people have brought that to my attention I have been double checking and responding back to them. I know I am behind on verifying one or two contributions but I will catch up. I work long hours,take classes and I live 80 miles away from where I work. I wish I had more than 24 hours in my day. If you could help us with maintaining an accurate list that would be awesome.
Hope I answered your query :)
wondering how yu came up with a list of contributors.......if i provide my transfer confirmations to IV and still cannot find my name in the list then how will I trust the veracity of yur list.....
....not for an argument but a query
Hope I answered your query :)
wondering how yu came up with a list of contributors.......if i provide my transfer confirmations to IV and still cannot find my name in the list then how will I trust the veracity of yur list.....
....not for an argument but a query
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