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  • 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




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  • singhsa3
    09-11 05:18 PM
    What about the issues like not following RD or PD?
    What about being rude on the call?
    What about the wild fluctuation in the bulletein?
    Should we let these thing to continue?

    What we are expecting after this calc. camp ? I dont think so they will revise bulletin nor they will give single extra visa above 140k. I think we should focus on HR 5882 .. We should send something to lawmakers.

    Just a thought.




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  • badluck
    07-06 12:59 PM
    My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.




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  • chanduv23
    05-15 10:58 AM
    When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.

    Ok - any ideas how we can ask? What fee waiver are we asking for?

    We need to understand if there is a system in place for fee waiver?

    To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.

    Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.

    I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.

    thats why we need innovative ideas to deal with this.

    Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.



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  • sam2006
    07-14 08:19 PM
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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...



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  • perm
    07-20 04:09 PM
    this is not over

    2. Durbin was the man again...that derailed us.

    can't expect anything better from him. i had sent an fax to him for some drive and he replied back with his propanganda of no child left behind of something like that.




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  • langagadu
    09-15 11:19 AM
    :mad::mad::mad::mad: Rey Moran, Who the heck gave you Ph.D. Definitely you don't have ability to think. Idiot, give your Ph.d back, you need to start thinking of washing your rusted brain, Moran.
    :mad::mad::mad::mad::mad:


    are bhagwan... kash maine substitue labor use kiya hota....

    I would have been approved by then...

    Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.



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  • needhelp!
    09-13 03:46 PM
    This will be great for the rally if everyone sends their personal stories in and why they are going.

    Thanks Pappu




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  • ilwaiting
    04-25 11:51 AM
    I'm not saying a person on H1B necessarily should be allowed to apply for 485. All that I'm saying is the day when a person starts working on H, the PD becomes his/her's. Lets take an example.

    1). A person start working on H1B from Apr'1998
    2). In apr'2004 Employer "n" applies for Labor to permemently employ the alien. In that case the PD for the alien becomes ar'2004 correct?
    3). instead I want th PD to be Apr'1998.

    This gives the person the flexibility to move on to better prospects as a H1B, but at the same time preserves the PD. Ofcource the LC process needs to be restarted again each time he moves. Also one might choose to not file any LC because he does not plan to become a PR. Thats fine because nothing is lost.


    What i meant was, although H1 it is a dual intent visa, you dont necessarily show your intention until you apply for your green card process. There are cities that follow different tax structures when you apply for labor or not. Technically, that when you are showing your intention of immigrating. So why throw a blanket on entry date on H1, when some of them dont have the intention of immigrating to US permanently. This will only increase the demand of the GCs.



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  • IAMINQ
    04-02 02:36 PM
    I received my labor approval in dec 2005 from Philadelphia Backlog Center

    Priority Date: March 2004, EB3

    Filed from Philadelphia Region.




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  • enthu999
    05-09 07:41 PM
    I had similar issue when trying to refinance
    My loan was Jumbo and to bring it to confirmation limits to get better rate the lender
    tried doing home equity loan, at the end when we thought every thing was ok
    they back and told they cannot give home equity loan because my Green card has not been aproved though I provided the AOS reciept and EAD.
    The underwriter is FannieMae.
    This for sure is a discrimination, in the current situation we cannot really make any benefit out of low mortgage rates..and the when the ARM is close to expire...god knows how
    the interest rates would be.



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  • rdehar
    06-04 01:39 PM
    One one hand you have folks who are getting labor approvals from BECs just now and have not filed I-140s.

    On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.

    Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?




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  • svm
    07-18 03:47 PM
    Thanks for the reply!



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  • Ram_C
    09-12 07:28 PM
    How do I place the google order? This is going to be my first contribution..

    check this link http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44(you need to scroll down to find google checkout)




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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:



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  • pointlesswait
    09-08 12:22 PM
    why blame the RE developers..as long there are fools ready to throw away their money...they will always be ppl to gather it..
    ppl who invest without proper R&D deserve to lose it....



    On my recent visit to Bangalore, i got in touch with a real estate developer(who is also a far relative), here is what he told me. First thing any developer does is to put up a website with some pretty pictures of layout and details like floor plan, location etc. This is the first step in attracting NRI's, he told me when he talks to NRI's, the first question they ask is the URL of the project. No wonder, most of the RE developer in recent times have a website, some of the website are a joke with absolutely no details and the rosy pictures of moon, lakes, birds, parks etc :-))

    80% of his customers are NRI's, 10% are local goonda's/politician and rest 10% are common people...I was surprised to hear that some NRI's have bought/booked plots just by looking at the website and remitting money from USA...what happened to old school days of personally visiting, checking paperwork,Vaastu, getting opinions of relatives/friends before buying anything...what is the hurry here is beyond me???

    I feel, this whole RE market in INDIA is a scam where RE developers are playing a game and targetting NRI's who are easy a prey...




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  • small2006
    05-02 09:47 AM
    :mad:
    Don't just blurt something out of frustration without thinking twice before hitting the "Submit" button. We are all frustrated here when it comes to GC processing. In that sense we are all in the SAME BOAT. Be specific about the point you are trying to make instead of blanketing all H1B and GC aspirants so that its not confusing or misleading to others.

    Well,If you think that it was a cheap attempt, then i belive you need tutoring in english first, i would have appreciated if you would have read the full documents first, if you are not in the same boat as others doesnot means that others are not, there are still many H1 holders whose spouse doesnot have a SSN and only ITIN, and i am not over or below quoting the statement made by IRS.

    Please think twice before issuing any statements.

    P.S- Thanks for Pointing that Title of a Thread is for writing autobiographies, I will keep that in mind,when you are around. :-)




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  • Suva
    07-18 03:19 PM
    Notice date is different from Receipt date. If your file is delivered on July 2nd then you would get a receipt date of July 2nd even if your information is entered into the system 2 months after the receipt date.

    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?




    gc_on_demand
    04-30 03:11 PM
    When this will end ? and will they put recording or transcript ?




    eb3_nepa
    07-14 03:52 PM
    Bumpers...please bump this thread...this should be on top...

    That will help matters. However what we would REALLY like to see is, that the thread remains on top via actual people contributing and logging that they did so on here.



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