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  • addsf345
    11-24 03:36 PM
    Here is the link to USCIS AC21 memo from 5/30/2008:
    http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf

    it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).

    However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?




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  • jetguy777
    01-21 11:10 AM
    AabTuAgaGC and hopefullegalimmigrant Could you advise what date USCIS received your application for Advance Parole? Thanks




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  • gc_buddy
    09-12 10:02 AM
    The mere things that we are trying to use in the campaign do not cost more than $10.

    Guys, Every penny is worth spending. Try looking back at the flower campaign that we did back in July 2007 and the magic it made..




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  • ind_game
    05-14 08:41 PM
    Here is the scoop.

    from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.

    Liaison confirmed the following:

    1. I-140 approval in September, 2007 (actually 09/04/2007 as I have the hard copy)
    2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
    I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.

    3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.

    4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska’s decision to deny the I-485 may have been in error. (which in my case is true)

    Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor

    Unanswered questions:

    1. If the Liaison can see that my I-140 is approved on 09/04/2007, why is that the adjudicating officer is responding with a denial on 09/04/2007 and subsequent denial of I-485?
    2. Are they both not looking at my information with same interface?

    Conclusion:
    Atleast in my case it looks deliberate and intentional.



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  • yabadaba
    08-10 12:40 PM
    no receipts for me too :( r Williams 7:55am 07/02

    i m going go drinking to drown my sorrows soon.




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  • senthil1
    07-05 01:31 PM
    Still some Senators does not understand difference between H1b issue and GC backlog and how can they understand the Administrative issue like this. But Congress women Lofgren will get reply for her letter from DOS and USCIS.

    I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.

    We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.



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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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  • arnab221
    06-20 10:43 AM
    I was wondering which center my PERM app will go? Atlanta or Chicago? My co is detroit based. I am just filing now, so if it goes to chicago, there is a chance that I can file my I-140 before 1st October deadline (assuming the new CIR becomes law) .

    any clues?

    lotr

    Detroit = Michigan --> Chicago.

    CIR will not pass. Relax !! Not worth losing your sleep over the joke that is CIR .



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  • vbkris77
    04-30 03:04 PM
    I called and left VMs, I am also reaching my contact in Senator Amy Klobuchar's office.

    I will positively hear from her by Monday and I will keep you posted. I am asking her to co-sponsor the effort.


    This is just in. Thanks for posting Leo07.

    Please Please Please call Cornyn office right now.




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  • eb3_nepa
    07-15 03:15 PM
    Common people. We desperately need atleast THIS campaign to be a success. I mean as a team the IV core CANNOT ask for an amount lesser than $5.00.

    We are a member base of 30,000 members, cant we all contribute this once? It is exactly FIVE dollars that we ask of ALL members.

    If we cannot get every single silent/dormant member to contribute atleast this once, then maybe we should just pack up our bags and fold, coz if we cant even contribute FIVE DOLLARS for our own betterment, we are in a very sorry state.



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  • Milind123
    09-13 11:36 AM
    Hello guys

    For many of us, today is payday. What better day than today to make your first time contribution. I understand most of the money that we get is earmarked for something or the other. In a few days we again start our long wait for the next paycheck. On CNBC, I heard one commentator talking about consumers and how apt they were to rearrange their expenditure to the changing environment. For us, the environment is pretty static in the Green card world and there is very little change in the last several years.

    So I urge you to rearrange your expenditure and contribute and see the environment change.

    Please remember I will contribute $25 for each contribution of $100 from a member who is making this contribution for the first time.

    Thanks for listening
    Milind123




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  • chanduv23
    09-16 07:38 PM
    Here you go another first time contributor. Just pulled the trigger for $100.
    Google checkout order #768184044370985

    And why r u not going to the rally



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  • GayatriS
    01-05 11:08 PM
    Look, I came her to do my bachelors because I knew the universities here were better.

    As far as your accusations about the Professor being anti-Indian NRI -- just do a google search on his research. He has done more for our community and motherland than almost anyone. His research has become the most commonly quoted in immigration and he has been helping build the image of India. The only thing he isn't doing is pretending that everything in India is perfect. He is not a stupid nationalist who lives in America yet makes up garbage about everything in India being so wonderful.

    I have read many of his articles on Businessweek -- they have been very helpful to all of us.



    If you understand this from his words then i can judge your IQ level.

    Ok now coming back to your statement. I just didnt say IIT but also REC's. REC stands for Regional Engineering Colleges (there are plenty in India) and that is not a payment seat. Education level is well maintained and by entrance examination standard, its far above GRE level. Argue me on this. I have no problems with America or any American, infact I feel America is a great first world nation and I love being working/living here.
    But this doesn't mean I will say any bulllshit & non-fact thing about my motherland.

    Also Gayatri one last thing or FACT in your words i tell you. The people(few Non Resident Indians, 2% i must say) like we have seen talk so much negative about their own country, but whenever they are in trouble in foreign countries, they look for immediate help from Indian Government. It is made as a big issue in India that NRI's in trouble, prime minister should come forward and help.

    Anyways enjoy and good luck for your green card.




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  • a1b2c3
    09-10 12:08 PM
    Just when you thought you had it you missed it :D

    I think they will eventually open up EB2, unless their plan is to clear EB3-I first (which would not be unfair I think).
    See one of my earlier posts, one of the core issues is the sudden forward and then sudden backward movements in the dates.
    If the demand is anticipated correctly, there shouldn't be need for closing the window at all!



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  • javadeveloper
    08-14 06:39 PM
    People who can buy houses are more important to USCIS/US than people who already have bought houses.

    Thats what I am saying , if they come up with strategy like this , people will start buying homes.




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  • SkilledWorker4GC
    07-15 04:48 PM
    Total So far 1435.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.

    WAKE UP GUYS



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  • chanduv23
    05-15 11:11 PM
    Thanks for your wishes.
    I agree with you regarding the timeline and evidence. I have mentioned it to my attorney numerous times. My attorney was insistent that adjudicating officers can see all my info on their computer screens. It is only a matter of looking at the info correctly.
    It looks like the first MTR went to the same IO who denied my I-485. I could say it from ID in both the denial letters.

    Well - I think it was a dirty little trick where supervisor was convinced that this is not an AC21 case and did not even bother to look up your case information.

    This is definitely a slap on the face of honesty and integrity




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  • ashutrip
    06-22 10:40 AM
    Any update/news from atalanta....god bad or ugly?




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  • lakshman.easwaran
    07-14 03:47 PM
    Scheduled on 07/18/2008
    Confirmation Number#: 7YB9Y-DKLN7 (through BofA)




    gccube
    07-19 03:29 PM
    You forgot that there were another 150,000 applications in this example with RD prior to PersonB and it is very likely that many of them could have the PD of April, 2003. Therefore, PersonB will still not get it even though he/she has an older Priority date!!

    I think that after this stampede of application filings in June/July/August, USCIS needs to sort them by PD first otherwise people with older priority dates will suffer simply due to the volume of applications filed!!


    If a person with PD 2003 May applies for AOS only in Oct 2007. If the above said statement is true then when are they going to work on this new application they got. If they are not going to work on it until the RD becomes current why are they even accepting the case.




    pappu
    09-13 03:28 PM
    Please post the URL

    Pls see the first post on this thread for directions and the URL



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