indianabacklog
06-02 10:05 AM
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
No is the simple answer. If the new legislation is enacted his choices are even fewer they will remove the family based category in which you could have applied for him once you get a green card. The future is very bleak for aged out children of EB immigrants. My son is one of these children and we have no answer. Myself and others on this site have asked that IV mention such children in their efforts but to date this has not happened. It is retrogression and labor backlogs which created this so I consider it a fundamental part of the retrogression issue.
Others reading this who are waiting for their priority date to become current should consider this may be going to happen to them if things are not changed and your family may join the thousands of us already in this situation.
For those of you continually pushing for donations having a son in college on an F1 makes it impossible for me to donate since the tuition fees are astronomical but it is the only way I can keep him in the United States legally. Although I am beginning to think I should have allowed his visa to lapse then he could have benefitted from the DREAM act.
Thanks
No is the simple answer. If the new legislation is enacted his choices are even fewer they will remove the family based category in which you could have applied for him once you get a green card. The future is very bleak for aged out children of EB immigrants. My son is one of these children and we have no answer. Myself and others on this site have asked that IV mention such children in their efforts but to date this has not happened. It is retrogression and labor backlogs which created this so I consider it a fundamental part of the retrogression issue.
Others reading this who are waiting for their priority date to become current should consider this may be going to happen to them if things are not changed and your family may join the thousands of us already in this situation.
For those of you continually pushing for donations having a son in college on an F1 makes it impossible for me to donate since the tuition fees are astronomical but it is the only way I can keep him in the United States legally. Although I am beginning to think I should have allowed his visa to lapse then he could have benefitted from the DREAM act.
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breddy2000
03-12 10:40 AM
Looks like it only tracks people who donated for FOIA
browncow
07-05 06:27 PM
I am very intrigued by this thread and I would love to see a change in status quo too. However, I am missing one very important piece of information....Who are the proposed candidates and what is their agenda??
Mbawa, please don't take this as criticism but how exactly would a change in the IV core improve the current status quo? If you have any ideas, what has stopped you from using IV as a platform and taking a lead?
Again, I would love to see things improving for the EB folks but I really missing the point on how this suggestion would get us there. I have great respect for the IV core as I know it and personally I will never be able to do even 10% of the job they have done. SO if there are folks who can do better than the present core, I would love to hear their ideas and contribute to the cause.
If this is just one of the several threads that are started with no real effort or thought put in to come up with an actual and feasible solution, then this is doing more harm than good. Again I am really open to listening like a lot other silent/passive members.
Cheers.
This is not a transparent organisation, we do not know who the president or the exec committee of this organisation is. Every now and then, we hear about stating the facts in our profile before posting questions.
But we know very little about the exec committee, the 'About us' has the agenda that IV is fightin for, nothing at all about the people behind it.
Who do i thank for such a nice organisation? I have no idea.
coming to the nomination for the exec commitee, there are lots of self motivated people around here, motivation can come from people languishing with unjust RFEs, name check limbos, 10 year old petitions, members who know they can add to the organisation, and the core, they would know people who they think are capable of carrying the torch on with equal or more zest.
Most of the time, leaders of of non-profits have to be pushed to assume their roles, rather then they coming forward to lead.
Mbawa, please don't take this as criticism but how exactly would a change in the IV core improve the current status quo? If you have any ideas, what has stopped you from using IV as a platform and taking a lead?
Again, I would love to see things improving for the EB folks but I really missing the point on how this suggestion would get us there. I have great respect for the IV core as I know it and personally I will never be able to do even 10% of the job they have done. SO if there are folks who can do better than the present core, I would love to hear their ideas and contribute to the cause.
If this is just one of the several threads that are started with no real effort or thought put in to come up with an actual and feasible solution, then this is doing more harm than good. Again I am really open to listening like a lot other silent/passive members.
Cheers.
This is not a transparent organisation, we do not know who the president or the exec committee of this organisation is. Every now and then, we hear about stating the facts in our profile before posting questions.
But we know very little about the exec committee, the 'About us' has the agenda that IV is fightin for, nothing at all about the people behind it.
Who do i thank for such a nice organisation? I have no idea.
coming to the nomination for the exec commitee, there are lots of self motivated people around here, motivation can come from people languishing with unjust RFEs, name check limbos, 10 year old petitions, members who know they can add to the organisation, and the core, they would know people who they think are capable of carrying the torch on with equal or more zest.
Most of the time, leaders of of non-profits have to be pushed to assume their roles, rather then they coming forward to lead.
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slammer
07-11 07:57 AM
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I assume you like the new cutoff-dates ????
Rita ;)
I assume you like the new cutoff-dates ????
Rita ;)
more...
gc_bulgaria
01-05 10:53 PM
Ok, so I saw the video. I am confused by his analogy and I am a scientist. Maybe it is the lack of data analysis and graphics he keeps referring to. He is not a great speaker. I stopped watching it midway.
BTW, I am a student from a so called 'garbage' Indian education system and a graduate of Duke University.:p
Go figure!
BTW, I am a student from a so called 'garbage' Indian education system and a graduate of Duke University.:p
Go figure!
diptam
07-06 12:40 PM
I dont want another flurry of emails by explaining no-nonsense "conspiracy theory" behind all this (Hint - The day CIR failed , AILF came up with this 95%-98% truth in their websites and the day 2nd CIR resurrection attempt was being discussed is June 13th which is the July Bulletin release Date)
Our only option is to expose USCIS wrongdoings ( I mean all Kind of Wrongdoings ) via Media and at the end of the day show your GUTS to support AILA lawsuit by providing our real names etc... ( incase they need)
Nothing else is going to help.
We didn't do anything wrong , so lets fight for Justice.
They are not coming clean on this...first they said they used up 60K visas, now they are saying they worked over wkend to use 25K VISAS... Its a big scandal....Just to prevent us from filing...
Our only option is to expose USCIS wrongdoings ( I mean all Kind of Wrongdoings ) via Media and at the end of the day show your GUTS to support AILA lawsuit by providing our real names etc... ( incase they need)
Nothing else is going to help.
We didn't do anything wrong , so lets fight for Justice.
They are not coming clean on this...first they said they used up 60K visas, now they are saying they worked over wkend to use 25K VISAS... Its a big scandal....Just to prevent us from filing...
more...
sanagani
03-05 10:43 PM
Even though my priority date is 2005 dec under EB3 , i have one soft LUD on my and my dependentcaseon feb 10 amd one more soft LUD on primary applicant case on feb 27 09...
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hmehta
07-24 06:39 PM
Probably it differs by state, but DL has no ties with H1-B renewal or vice-versa, at least in CA. My wife's H1 expires in Apr 09, but she recently got her DL renewed until Sept. 2012!! If it was a federal law change (after 9/11), it would have to be applied to every state.
more...
ashshef
12-10 03:50 PM
Everywhere they mention spillover...they say quarterly. But they don't really enforce it. :mad:
At least , they improved the bulletin by adding more detailed information as well as an explanation about how it works.
At least , they improved the bulletin by adding more detailed information as well as an explanation about how it works.
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qasleuth
05-14 01:38 PM
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
more...
vjkypally
07-21 08:29 AM
Bring our issues in front of Ombudsman with the kind of time line we expect and let him take it up with the Govt.
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cjain
08-11 10:35 AM
...the question is - where do you fall.
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Milind123
09-14 11:15 PM
I got the following from the "Announcement: Bus Logistics from Tri State Area" thread.
3. The ride may be free but it has cost us $2200 per bus so any contribution to IV is appreciated.
Please don’t consider $100 is a small amount. In this double round of 21 shots we are going to cover almost the cost of this bus trip. Please consider pulling the trigger. We still need 3 sponsors to motive the two members who will contribute for the first time.
Here is my shot to motivate one of you. And I am certain the next person will encourage two more sponsors to step up.
$100 Order Details - Sep 14, 2007 11:32 PM EDT Google Order #761753817279939
Added at 12:07 AM EST
Its that time of the night where I am writing and reading my own posts. Good night Folks!
3. The ride may be free but it has cost us $2200 per bus so any contribution to IV is appreciated.
Please don’t consider $100 is a small amount. In this double round of 21 shots we are going to cover almost the cost of this bus trip. Please consider pulling the trigger. We still need 3 sponsors to motive the two members who will contribute for the first time.
Here is my shot to motivate one of you. And I am certain the next person will encourage two more sponsors to step up.
$100 Order Details - Sep 14, 2007 11:32 PM EDT Google Order #761753817279939
Added at 12:07 AM EST
Its that time of the night where I am writing and reading my own posts. Good night Folks!
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immig4me
05-07 08:12 AM
Called 3 of the senators in tier one. Their responses from the first days to now is slightly different. Initially, they would say that they are against amnesty or we have not read the draft..... now the responses are like, the senator is reviewing the draft, he understands that you have followed the law.......
I hope this is because of our efforts; please IV members continue with this phone campaign, even if you have already called once. Encourage your friends to do the same. This will make a difference guys, we are making the difference :)
I hope this is because of our efforts; please IV members continue with this phone campaign, even if you have already called once. Encourage your friends to do the same. This will make a difference guys, we are making the difference :)
more...
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Jimi_Hendrix
08-01 04:02 PM
I have worked as a newspaper editor. I have very decent writing and editing skills. If you need help let me know.
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Totoro
05-02 10:09 AM
Not everybody on this forum earns 144,000 a year. What world are you living in my friend? Do you not get out that often?
I agree.
Many of the military families affected only earn $25,000. I find it repugnant when
someone shows how little he cares about his fellow human beings.
I agree.
Many of the military families affected only earn $25,000. I find it repugnant when
someone shows how little he cares about his fellow human beings.
more...
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ChalapathiChitturi
12-27 03:22 PM
Thank you "softcrowd", good to know that we can re-enter using H1B when we are in AOS.
Today I received the update on uscis web site, saying that "Approval notice sent".
1. Applied on August 01 st (Vermont Service Center)
2. Receipt date Oct 2nd.
3. REF on Nov-26 for passport copies.
4. Responded to Ref on Nov-28, Sent passport copies on
5. Update in uscis web-site on 27-Dec-07 "approval notice sent"
Just in time for my travel.......
Today I received the update on uscis web site, saying that "Approval notice sent".
1. Applied on August 01 st (Vermont Service Center)
2. Receipt date Oct 2nd.
3. REF on Nov-26 for passport copies.
4. Responded to Ref on Nov-28, Sent passport copies on
5. Update in uscis web-site on 27-Dec-07 "approval notice sent"
Just in time for my travel.......
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immm
07-19 01:21 PM
Cases will be processed on RD only. However approval is based on PD.
Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June, 2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
.
Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June, 2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
.
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nlssubbu
10-01 04:20 PM
A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
Cut-off days not only determine number of applications that can be received at their end, but also the make eligible applications approvable. I think at times when the cut-off date resulted in more approvable cases than USCIS can handle, then they move it back as well.
May be they should have two cut-off days instead of one like this:
1. One for receiving applications beyond that date.
2. Another for approval.
This may help them to pick necessary applications needed from this pool and approve them without losing the allocated visas.
I think change has to come from the legislation wing to amend the procedure in USCIS.
Thanks
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
Cut-off days not only determine number of applications that can be received at their end, but also the make eligible applications approvable. I think at times when the cut-off date resulted in more approvable cases than USCIS can handle, then they move it back as well.
May be they should have two cut-off days instead of one like this:
1. One for receiving applications beyond that date.
2. Another for approval.
This may help them to pick necessary applications needed from this pool and approve them without losing the allocated visas.
I think change has to come from the legislation wing to amend the procedure in USCIS.
Thanks
amitjoey
07-19 11:19 AM
Do you know Aman spent $64000+ in the past 18 months for IV?
Please read this thread before you make a decision on your donation. We need to step up and contribute.
http://immigrationvoice.org/forum/showthread.php?t=10633
Thanks Aman and the core team for your efforts.
Can any one know how to edit subscription amount in paypal. I signed up for a $50 recurring contribution last week. After reading above mentioned thread i want to change my subscription amount to $100
Cancel your $50 recurring and sign up for $100 recurring.
Please read this thread before you make a decision on your donation. We need to step up and contribute.
http://immigrationvoice.org/forum/showthread.php?t=10633
Thanks Aman and the core team for your efforts.
Can any one know how to edit subscription amount in paypal. I signed up for a $50 recurring contribution last week. After reading above mentioned thread i want to change my subscription amount to $100
Cancel your $50 recurring and sign up for $100 recurring.
dante1271
07-19 01:43 PM
Jimi,
I'm in Riverside.
I'm in Riverside.
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