john2255
07-20 12:20 PM
http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266
http://thomas.loc.gov/cgi-bin/query/F?r110:1:./temp/~r110f0ODXJ:e32253:
That means we have lost around 2,40,000 unused visas. I heard that there is a total amount of 3,00,000 unused employment visas of the previous years due to the great efficiency of USCIS. Out of this 61,000 is kept apart for Schedule A nurses and PT's and the remaining 2,40,000 thousand would have been divided amoung employment catagories if the amendment had passed,clearing lot of our backloggs.
REMEMBER, THE RECAPTURE OF UNUSED VISAS IS ONE OF THE MOST IMPORTANT PRIORITIES OF CORE AND THE DOOR IS SLAMMED ON OUR FACES AGAIN BY HYPOCRITES LIKE HILARY AND CALIFORNIA SENATORS.
Its the high time we convince the senators who said NAYS. Lets start SOME KIND OF CAMPAIN aiming these guys. I am sure that core's hands are there behind this amendment. Well done IV. Don't get dissappointed, keep trying for Skill bill or for similar amendments. Its really unfortunate that we lost a very very big chance. Lets do something immediately.
Following is the text of amendment.
`(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:
``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.
``(II) The visas remaining from the total made available under subclause (I) shall be allocated equally among employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.
(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) by redesignating clause (vii) as clause (ix); and
(3) by inserting after clause (vi) the following:
``(vii) 65,000 in each of fiscal years 2004 through 2007;
``(viii) 115,000 in fiscal year 2008; and''.
http://thomas.loc.gov/cgi-bin/query/F?r110:1:./temp/~r110f0ODXJ:e32253:
That means we have lost around 2,40,000 unused visas. I heard that there is a total amount of 3,00,000 unused employment visas of the previous years due to the great efficiency of USCIS. Out of this 61,000 is kept apart for Schedule A nurses and PT's and the remaining 2,40,000 thousand would have been divided amoung employment catagories if the amendment had passed,clearing lot of our backloggs.
REMEMBER, THE RECAPTURE OF UNUSED VISAS IS ONE OF THE MOST IMPORTANT PRIORITIES OF CORE AND THE DOOR IS SLAMMED ON OUR FACES AGAIN BY HYPOCRITES LIKE HILARY AND CALIFORNIA SENATORS.
Its the high time we convince the senators who said NAYS. Lets start SOME KIND OF CAMPAIN aiming these guys. I am sure that core's hands are there behind this amendment. Well done IV. Don't get dissappointed, keep trying for Skill bill or for similar amendments. Its really unfortunate that we lost a very very big chance. Lets do something immediately.
Following is the text of amendment.
`(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:
``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.
``(II) The visas remaining from the total made available under subclause (I) shall be allocated equally among employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.
(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) by redesignating clause (vii) as clause (ix); and
(3) by inserting after clause (vi) the following:
``(vii) 65,000 in each of fiscal years 2004 through 2007;
``(viii) 115,000 in fiscal year 2008; and''.
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hourglass
07-20 05:12 PM
even if it is available, the principal applicant wont be able to take real advantage of it. As you cannot switch to company B, without invoking AC21, which kicks in only 180 days after, filing 485.
You forgot to attach the link!
You forgot to attach the link!
wellwishergc
07-06 10:36 AM
diptam,
Saying the truth is not being debated here. How you say the truth is being debated. The last thing we want is a hearing on this issue involving hours and hours of USCIS, State Department and FBI officials. We would rather prefer them working on our cases and getting them approved. I am not sure why you are not happy about USCIS working on weekends to clear our cases. Isn't that what we want - Faster processing?
If you really want to help and concerned about the FBI check issue and want to make it more efficient, try contacting Senator Obama and support him in whatever way possible. He has a bill to increase the funding for the FBI security checks so that it is faster.
Good Luck!
Nixstor,
AILA's publication itself said that checks were not done... Its evident on also. If you refrain from spicing up things its never going to come up in media. Who cares if 500 mm immigrants are backlogged ?
You are saying that authorities will take retaliatory measures for saying something that really bad happened. Then dont even talk about lawsuit etc... Do you think a lawsuit aginst USCIS/DOS is going to please them very much ???
Take either Boat1 or Boat2 -- Please do not sail keeping your foot in two boats. I apologize if i sound aggressive but it is what it is. Doing a work
in weekend of 48 hours (consuming 25000 visas) which takes even more
than 48 days definitely involves bypassing CRITICAL checks !!
Truth is a truth - neither you or me or anyone can alter it.
Thanks!
Saying the truth is not being debated here. How you say the truth is being debated. The last thing we want is a hearing on this issue involving hours and hours of USCIS, State Department and FBI officials. We would rather prefer them working on our cases and getting them approved. I am not sure why you are not happy about USCIS working on weekends to clear our cases. Isn't that what we want - Faster processing?
If you really want to help and concerned about the FBI check issue and want to make it more efficient, try contacting Senator Obama and support him in whatever way possible. He has a bill to increase the funding for the FBI security checks so that it is faster.
Good Luck!
Nixstor,
AILA's publication itself said that checks were not done... Its evident on also. If you refrain from spicing up things its never going to come up in media. Who cares if 500 mm immigrants are backlogged ?
You are saying that authorities will take retaliatory measures for saying something that really bad happened. Then dont even talk about lawsuit etc... Do you think a lawsuit aginst USCIS/DOS is going to please them very much ???
Take either Boat1 or Boat2 -- Please do not sail keeping your foot in two boats. I apologize if i sound aggressive but it is what it is. Doing a work
in weekend of 48 hours (consuming 25000 visas) which takes even more
than 48 days definitely involves bypassing CRITICAL checks !!
Truth is a truth - neither you or me or anyone can alter it.
Thanks!
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aristotle
07-21 03:33 AM
I agree with you the perfect solution is to remove the country cap, but we dont live in a perfect world. What I am saying is that all 4 items "together" should be a minimum. I agree if the country cap is increased to 10% with everything else being the same, it makes NO difference.
In general, anything "unlimited" (read cap exempt) seems to be a NO-NO with the conservatives.
are u kidding? raise country cap to 10%!!!!!!!!!
only solution is get rid of the country cap. Before anybody from ROW goes into a lecture about "diversity" blah blah blah please think with a rational mind. Getting rid of country quota is the only solution. things like increasing it to 10% etc will only reduce the backlog time for Indian applicants from 25 years to maybe 18 years.
In general, anything "unlimited" (read cap exempt) seems to be a NO-NO with the conservatives.
are u kidding? raise country cap to 10%!!!!!!!!!
only solution is get rid of the country cap. Before anybody from ROW goes into a lecture about "diversity" blah blah blah please think with a rational mind. Getting rid of country quota is the only solution. things like increasing it to 10% etc will only reduce the backlog time for Indian applicants from 25 years to maybe 18 years.
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ANGEL
07-27 05:12 AM
hi all,
i also have been ff this blog but have not been sharing much bcoz i dont see a lot of sched a bloggers in here.anyway.please read the hammond law group about an amendment that apparently passed the senate to allocate the unused visa from 2001 till 2004 in which 50% will go to sched a workers.one of the bloggers mentioned so.cant verify the authenticity of such but it certainly lifts my dampen spirit.it is the bill that was introduced by senators hutchison and schumer.i am happy to see the support of the IV members towards the mission of this organization.it has been a great source of info for me.MY PD is oct 2006 and have been separated from my wife for over ayear now and our lil girl is growing up without the presence of her mother.it is very heartbreaking,not to mention my life without her.hope all our sufferings will end soon.
i also have been ff this blog but have not been sharing much bcoz i dont see a lot of sched a bloggers in here.anyway.please read the hammond law group about an amendment that apparently passed the senate to allocate the unused visa from 2001 till 2004 in which 50% will go to sched a workers.one of the bloggers mentioned so.cant verify the authenticity of such but it certainly lifts my dampen spirit.it is the bill that was introduced by senators hutchison and schumer.i am happy to see the support of the IV members towards the mission of this organization.it has been a great source of info for me.MY PD is oct 2006 and have been separated from my wife for over ayear now and our lil girl is growing up without the presence of her mother.it is very heartbreaking,not to mention my life without her.hope all our sufferings will end soon.
Ramba
10-21 06:18 PM
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
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hmehta
07-22 05:12 PM
Yes, me too - joined yahoo groups.
joined the yahoo group.
Others may put a message about their joining here.
joined the yahoo group.
Others may put a message about their joining here.
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ANGEL
07-29 07:58 PM
hello there,
i was not around for few days,just read your post.KABAYAN!I am also from the Philippines.I am not a derivative from my wife's visa,I am under the sched a category being sponsored by the hospital where my wife is working.i just had my ds230 filed and GOD knows how long is the wait this time.once visa numbers become available,you and your family will be first in line at least.your PD is 2005 so the chances of getting ahead in line is good,just make sure all is flawless,i mean requirements and all.good luck to all of us.where in pinas are you at?
i was not around for few days,just read your post.KABAYAN!I am also from the Philippines.I am not a derivative from my wife's visa,I am under the sched a category being sponsored by the hospital where my wife is working.i just had my ds230 filed and GOD knows how long is the wait this time.once visa numbers become available,you and your family will be first in line at least.your PD is 2005 so the chances of getting ahead in line is good,just make sure all is flawless,i mean requirements and all.good luck to all of us.where in pinas are you at?
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skillet
06-26 04:27 PM
Hello,
My labor got approved today
Category: EB2
PD : Feb 5th, 2007
Wish you all the best for everyone
My labor got approved today
Category: EB2
PD : Feb 5th, 2007
Wish you all the best for everyone
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indio0617
03-09 09:55 AM
Specter: Going to title 2 now...
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Saburi
02-26 11:30 AM
I think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file I-1485.
Thank's
MDix
I wish your prediction come true but does not seem like i don't think this que is going to move anyfurther untill next few years, i was very positive about this que will move faster after Feb 2009 but since then its still sitting to the same duration and have not move even a little, so sorry bro but does not seem like this will move untill next year.
May be it will move few month in the end of the year but getting it current or passing 2008 i don't see it happening untill 2011.
Sorry its bitter but true unless there is any big releaf given to us which does not seem to be hapening as Mr. Chnage has lot to do with economy and figth against terror.
I hope an wish i am wrong and you are right?
Best Regards
Saburi
Thank's
MDix
I wish your prediction come true but does not seem like i don't think this que is going to move anyfurther untill next few years, i was very positive about this que will move faster after Feb 2009 but since then its still sitting to the same duration and have not move even a little, so sorry bro but does not seem like this will move untill next year.
May be it will move few month in the end of the year but getting it current or passing 2008 i don't see it happening untill 2011.
Sorry its bitter but true unless there is any big releaf given to us which does not seem to be hapening as Mr. Chnage has lot to do with economy and figth against terror.
I hope an wish i am wrong and you are right?
Best Regards
Saburi
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csriram45
09-09 05:59 PM
Came to US in Aug 1997. My first company start up closed in 2002 recession and so joined another which by the time started the process etc.. delayed till Sep 2004 PD with EB3.
13 years in the US and waiting....
13 years in the US and waiting....
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immi_twinges
07-20 04:13 PM
I think its the right time to get in touch with the USINPAC. Not only USINPAC but all communities who ever have pacts with US government should start getting involved.
"United we stand divided we fall"
"United we stand divided we fall"
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gctest
09-13 09:59 PM
july 07 filer yes.. but I have a PD of mid 2004... How in the name of almighty is that out of turn?
but you are too stupid anyway
so go home now..... and please don'y forget to pickup meds for your gonorrhea form csv pharmacy :D:D:D
Are you July 07 filer who got the EAD out of turn? I bet you are.
And if you are, keep your loud mouth shut! Before you pontificate, look at people and others like you who got in and created a mess!
but you are too stupid anyway
so go home now..... and please don'y forget to pickup meds for your gonorrhea form csv pharmacy :D:D:D
Are you July 07 filer who got the EAD out of turn? I bet you are.
And if you are, keep your loud mouth shut! Before you pontificate, look at people and others like you who got in and created a mess!
more...
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susie
07-08 11:12 PM
Hi
Expatsvoice has written is own draft legislation to amend the CSPA, as it is badly written, confusing to many including attorneys and Geoff Gorsky, head of VO and does not protect all children from aging out
This legislation has been passed from Dave Weldons office to his legislators in Washington, we are awaiting to hear the outcome
Also expats voice are being interviewed for a 6 week radio program on all problems relating to US immigration. will try and update here when I get any news
Expatsvoice has written is own draft legislation to amend the CSPA, as it is badly written, confusing to many including attorneys and Geoff Gorsky, head of VO and does not protect all children from aging out
This legislation has been passed from Dave Weldons office to his legislators in Washington, we are awaiting to hear the outcome
Also expats voice are being interviewed for a 6 week radio program on all problems relating to US immigration. will try and update here when I get any news
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reddysn
06-05 11:14 AM
Wendy welcome to IV and thanks for participating in the discussion.
Can you please take some time to send web faxes(faxid- 20) to all the state senetors using the link on the home page , if you have not already done so. and also call them if time permits.
Coming to ur note , I guess , people who apply from F1 to I-485 you are referring are not the primary green card applicants. They are dependents on primary applicatns. If not, can you tell me what they are studying and how they can apply green card from F1? I am not aware of this route.
Numerous students on F1 visa applied 485 and got their GC these years.
Can you please take some time to send web faxes(faxid- 20) to all the state senetors using the link on the home page , if you have not already done so. and also call them if time permits.
Coming to ur note , I guess , people who apply from F1 to I-485 you are referring are not the primary green card applicants. They are dependents on primary applicatns. If not, can you tell me what they are studying and how they can apply green card from F1? I am not aware of this route.
Numerous students on F1 visa applied 485 and got their GC these years.
more...
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Caliber
05-15 03:47 PM
Finally at last today the web site shows that my Labor is certified. I am really glad at it. PBEC has shown us the HELL on earth and though I am 43 years old, I feel like much older than that due these PBEC guys. They never realize that this is our biggest milestone.
My NOF was on Prevailing Wage as my pay was 65K and PBEC wanted to increase it to 87K. But our attorney's have submitted third party surveys and we have given up thinking that PBEC will not agree for it.
I know how hard it is to live without a status. I pray that PBEC guys releases every one from their HELL. Details are in my signature.
My NOF was on Prevailing Wage as my pay was 65K and PBEC wanted to increase it to 87K. But our attorney's have submitted third party surveys and we have given up thinking that PBEC will not agree for it.
I know how hard it is to live without a status. I pray that PBEC guys releases every one from their HELL. Details are in my signature.
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mirage
03-31 06:15 PM
How insane you are, you are giving the credit of that to USCIS ??? I think you were sleping when people had rallies in CA and IV had 'flowers to USCIS' campaign, how about Zoe Lofergn's threat, I'm sure you don't know any thing. USCIS shares most of the responsibility of you and I being on this forum. USCIS was doing a tardy job and wasting several thousand green card numbers every year that's why DOS had to push them by making the world wide dates current. And 'no' they did not 'realize' any mistake, they did not want to get into legal trouble and get publically exposed(Zoe Lofergn asked for emails and all communication regarding Visa cut off dates). So they took the shortest and safest way to get out ...that u r crying over USCIS issues? Chill dude :). They were gracious enough to realise their mistake last year and hand out EADs to everyone. Full marks to USCIS for being spontaneous and doing the right thing at the right time. Infact its ppl like u who will always keep cribbing no matter what. Even after u get ur GC u will crib over citizenship delays. Shame on u.
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NKR
06-25 11:47 AM
When a guy comes to US for education the average age is around 23 - 24 years. MS completed by 25. Most guys at that time have burning desire to do something new and innovative (either in job or starting own business).
And then you lose your libido :). Agreed�. With the delay you lose the golden period in your career and end up at a lower level. Most of the self made millionaires rockstarted young when they had the drive and desire. I still say America gains more than what they lose by delaying GC process. If they hand out GCs faster then who will work for those millionaires and billionaires?.
And then you lose your libido :). Agreed�. With the delay you lose the golden period in your career and end up at a lower level. Most of the self made millionaires rockstarted young when they had the drive and desire. I still say America gains more than what they lose by delaying GC process. If they hand out GCs faster then who will work for those millionaires and billionaires?.
akred
01-06 04:00 AM
He is saying what is the truth. Do you believe that Indian universities are as good as American? If so, why do we come here?
Simple answer is jobs in the US pay better than jobs in India, therefore people come here for the economic opportunity.
As far as Wadhwa's statements disparaging the quality of Indian education go, he is looking after his interests. He runs an engineering program at Duke and needs to keep students interested in enrolling. How many students will keep enrolling once they find out they are being royally fleeced by American universities and that they could go to India and get a equivalent or better degree for a fraction of the price?
Simple answer is jobs in the US pay better than jobs in India, therefore people come here for the economic opportunity.
As far as Wadhwa's statements disparaging the quality of Indian education go, he is looking after his interests. He runs an engineering program at Duke and needs to keep students interested in enrolling. How many students will keep enrolling once they find out they are being royally fleeced by American universities and that they could go to India and get a equivalent or better degree for a fraction of the price?
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...
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