GCVir
07-28 08:36 PM
Age Out Issue for filing I-485: Gurus, please advise me on the age out issue of my son.
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
wallpaper What#39;s a Blake Griffin?
gjoe
03-08 11:47 PM
I wish my predictions come true. Most of the time it does happen. BTW my PD is may2003 :)
john2255
07-21 08:02 AM
How many of you called senators office.
2011 Blake Griffin Autographed Ball
sam2006
09-13 07:46 PM
Milind123 you are the MAN !!!
IV is proud of you
IV is proud of you
more...
scottsmith
09-15 01:08 PM
GCTest, there is a saying about you in Hindi "Kuttee Kee Dumm 12 Saall Pipe Mee Daal Kee Rakhoo Too Bhee Seedhee Nahee Hootee"
saale bhikari... can you even spell "moron"
saale bhikari... can you even spell "moron"
nk2006
10-28 02:39 PM
Thanks to everyone who have already sent emails to Ombudsman. We need to do more to get positive results, please go to: http://immigrationvoice.org/forum/sh...ad.php?t=22182 and send those 4 letters.
Others who have not yet acted on this, please go to that thread; download the 4 letters and mail them.
As many people mentioned here and other web sites, the denials are continuing and we need to act now to stop this before it gets even worse.
(Please continue future discussion at: http://immigrationvoice.org/forum/sh...ad.php?t=22182)
Others who have not yet acted on this, please go to that thread; download the 4 letters and mail them.
As many people mentioned here and other web sites, the denials are continuing and we need to act now to stop this before it gets even worse.
(Please continue future discussion at: http://immigrationvoice.org/forum/sh...ad.php?t=22182)
more...
gnrajagopal
01-10 02:07 PM
I am going back in a few years!..this in Bhoga Bhumi(Land of material pleasures)...my land Bharath is Punya Bhommi(Land of Good Karma).I am heading home no matter what!
Interesting comment.....
I think as much punya is done in this country as there is a quest of bhoga
Interesting comment.....
I think as much punya is done in this country as there is a quest of bhoga
2010 Autographed Blake Griffin
priti8888
07-23 03:12 PM
Guys, We just got the magic e-mail.!!
Card Production ordered
PD AUG 2004
RD DEC 2004
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
Card Production ordered
PD AUG 2004
RD DEC 2004
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
more...
addsf345
11-17 02:23 PM
One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
hair File:Blake Griffin 2.jpg
amits
07-20 06:16 AM
Thanks a lot reachtoravi.
Please ask your friends to contribute as well. Lets strengthen our foundation to face upcoming challenges..
Donated one time $100 ...
Just now signed up for $50 a month recurring contribution ...
Thanks to IV for all great work.
Please ask your friends to contribute as well. Lets strengthen our foundation to face upcoming challenges..
Donated one time $100 ...
Just now signed up for $50 a month recurring contribution ...
Thanks to IV for all great work.
more...
trueguy
03-03 11:11 AM
Not much movement.
EB2-I : 15 August 2004
Eb3-I : Either U or 15 Jan 2002.
Thank's
MDix
I agree. EB3-I would go U for rest of the year.
EB2-I : 15 August 2004
Eb3-I : Either U or 15 Jan 2002.
Thank's
MDix
I agree. EB3-I would go U for rest of the year.
hot Blake Griffin Interview
ajaykk
01-09 02:48 PM
Guys anyone pls provide me the fax number or tell me where I can find it to expedite the process. Appreciate it.
Thanks
AJ
Thanks
AJ
more...
house Blake griffin and overtime,
cheg
07-23 03:21 PM
Wow! Good for you! So when did you apply for your I-485? Please let us know the details so we can compare it with our situation. My husband is EB3 as well with PD Feb 2005 (Philippines). Thanks!
tattoo lake griffin mom dad.
JunRN
09-28 10:08 PM
Well, do you want to be the most cursed person in the world?:D
Regards,
IK
Putting myself in their shoes...that's why I don't curse them...not even once...I pray that they do their job honestly and efficiently...that's the least they can do for us...
who knows some of them are legal immigrants as well!
Regards,
IK
Putting myself in their shoes...that's why I don't curse them...not even once...I pray that they do their job honestly and efficiently...that's the least they can do for us...
who knows some of them are legal immigrants as well!
more...
pictures lake griffin brother.
ChalapathiChitturi
12-27 03:27 AM
My case is not yet approved, I Filed on Aug 01 st, Vermont Service Center.
Can you really go for H1 stamping when you are coming back on AP.
As far as I know, you should not use H1 at port of entry while coming back, if you do that your green card will be aboundend. Gurus please currect.
If you are not coming back on H1, then why are you going for stamping?
Can you really go for H1 stamping when you are coming back on AP.
As far as I know, you should not use H1 at port of entry while coming back, if you do that your green card will be aboundend. Gurus please currect.
If you are not coming back on H1, then why are you going for stamping?
dresses Blake Griffin
saimrathi
07-06 11:08 AM
I like your analogy...
I agree with you 100%.
The material damages to would-be July filers are a travesty. That is undeniable and deserves, at the minimum, material compensation.
But making the bulletins current in the first place, instead of a making a measured movement in the priority dates was like trying to fill a glass of water with a firehose. Broken glass and severe water damage were sure to follow.
I agree with you 100%.
The material damages to would-be July filers are a travesty. That is undeniable and deserves, at the minimum, material compensation.
But making the bulletins current in the first place, instead of a making a measured movement in the priority dates was like trying to fill a glass of water with a firehose. Broken glass and severe water damage were sure to follow.
more...
makeup lake griffin brother.
Miya Maqbool
09-10 03:32 PM
HI Pappu,
PLease post the total amount received end of the day on the web site....
Hopefully we will exceed the required amount....
Go IV!!!
PLease post the total amount received end of the day on the web site....
Hopefully we will exceed the required amount....
Go IV!!!
girlfriend Blake Griffin
imh1b
05-19 09:38 AM
Is this campaign over? or can we still call. I can make some calls today.
hairstyles lake griffin shirt off. lake
skark
03-05 08:09 AM
On our 485's and my AP over the last 3 days...pd->aug 02
ychousa
07-19 12:00 PM
I checked CIS procedure in the following site: http://www.imminfo.com/resources/cissop.html
According to the procedures, until they enter data into their central sytem, it seems it's pretty tough to say that they intervene somewhere and sort out by PD. Section 6: Workload Distribution might be the key to answer our questions, but the section is missing.
So they enter the applications in the order they're received, and each application is given an "RD." The "RD" indeed plays a role in the adjudication: https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I wish I got an answer from someone in CIS.
According to the procedures, until they enter data into their central sytem, it seems it's pretty tough to say that they intervene somewhere and sort out by PD. Section 6: Workload Distribution might be the key to answer our questions, but the section is missing.
So they enter the applications in the order they're received, and each application is given an "RD." The "RD" indeed plays a role in the adjudication: https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I wish I got an answer from someone in CIS.
santb1975
07-15 09:41 PM
Great Going. The funding drive that was started earlier halted at 19881. Glad to see things pick up again
to IV PO Box.
to IV PO Box.
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