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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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  • bitzbytz
    07-20 04:05 PM
    If I am first in the list, base don the claculation, I will get it in 5 minutes,Thats true, the last person will have to wait for 20 months:)




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  • Mouns
    04-30 03:05 PM
    ... King is happy with the current numbers. "Don't take the risk to go over the caps" he says...




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  • go_guy123
    11-06 07:23 AM
    Good points chisinau

    Actually nurses have the H1c visa, but there are only 500 a year and only 14 hospitals in the whole country can apply for these visas. These visas last 3 years and after that the nurse has to leave the country. Not that employers don't want to apply for visas, it is just that many nursing positions DO NOT qualify for H1B! So the only viable option is the GC

    Will the July visa bulletin help you in anyway?

    This is the main reason why employers lobby for GC for nurses. It the
    availability of H1B that kills the chances of EB reform for IT people.
    Why lobby for EB reform (i mean do some lip service for EB reform while asking for H1B increase) when H1B is always available and more better from the point of view of employer.



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  • dslamba
    05-27 03:35 PM
    If I may suggest it may help our funding drive if we allow smaller contributions. (20$ or 10$) both recurring and one time.

    I know at least a couple of people who would do a 20$ 2-3 times a year but won't do a $50. Anecdotal but may hold true for a lot more people.

    -dslamba




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  • jonty_11
    07-06 12:29 PM
    Have all those visas made available been used up so far by USCIS? I doubt it.
    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...



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  • sri1309
    09-11 07:43 PM
    How do I start a new thread,

    Please help,

    Thanks,
    Sri.




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  • gumpena
    08-02 05:11 PM
    Nebraska has issued only 2800 receipts for today...



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  • inthehole
    05-20 12:03 AM
    First of all congratulations to ind_game.

    Today I received NOID for not submitting AC21. My I-140 is not revoked. I received an RFE last month for birth certificate & updated g-325a form. In the g-325a form I mentioned my current employer which would have triggered NOID for AC21.
    I left the GC sponsored employer after 9 years on May 2008 well after 180 days and joined an insurance company. The company got hammered by financial crises. So I left that company and joined other stable company on Dec 2009 as a full time employee.
    My current job description is similar to the one mentioned on ETA but not same. I am not sure if changing 2 jobs will be a problem.

    If anyone had submitted any documents for AC21 please share. I will really appreciate it.




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  • mrdelhiite
    06-21 01:50 PM
    I am just hoping we do not mis the July Bus :cool:


    Worrying not gona give us anything. Were u worried 3 months back when the PD was 2003 something ... if we are lucky we will get it this time if not we will get the PD next time. Have faith and don’t loose ur sleep over it.
    -M
    PS: not trying to offend you in any way. I am in same boat as u are my labor was filed on 23rd ... one month after a friend who filed in jan and already has his labor and I140 approved...



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  • akhilmahajan
    03-12 10:56 AM
    Give the Core team a break. What you think they have nothing else to do?
    They have families and above all they have a life. IV is not paying for their family or anything, so they have to work and earn for their livelihood. They do all this in their spare time, and not like you, who always end up criticizing.

    Think before you start bashing or belittle anyone;s efforts.

    Go I/V GO. TOGETHER WE CAN




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  • santb1975
    07-09 06:18 PM
    I live in Irvine. Count me in.



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  • gc_on_demand
    04-30 03:34 PM
    If this is the case right now.. Think about House and Senate.. Will they pass it easily ? Eventually they will say next year we dont have time for immi stuff this year..




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  • valuablehurdle
    06-21 01:16 PM
    My Lawyer filed 20 cases for labor since January '07. None have neen approved yet as of today.

    Labor filed: April 15th, '07 EB2 'In Process'



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  • leo2606
    09-09 08:38 PM
    Contributed $100 today morning.

    I am still coming to D.C rally, volunteering to transport our folks travelling to IAD or Regan, bringing 7 additonal folks to D.C rally with me(6 new members I was able to pull since last one month, no financial contribution yet at this point).Still targeting new folks who doesn't know any thing about IV and it's efforts.




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  • superdesi2100
    09-10 11:25 AM
    Thanks for all the efforts. Donated 100$ via paypal. Coming to the rally as well.



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  • amitjoey
    01-04 04:58 PM
    I see that a lot of us feel really stuck because of the long GC process and yet we continue to wait. Eventually we all want to have:
    1. Freedom to switch jobs
    2. Freedom to start businesses
    3. Freedom to travel
    4. Freedom to have spouse working

    I hope and pray that it comes thru sooner than later for all of us. Let's say you get your GC in 1-2-x years. How many years after that would you go back? 2-3 or wait till you get US citizenship? Would you give up the GC after having spent 5+ years waiting and maybe a total of 8-10+ years in US?

    For those of us who are thinking that I want to go back eventually, what steps do you plan to take once you get your GC? The reason I raise this question is, it was easy to adapt to a new place when you were young. 6-10 years later (and a couple of kids later :-) what are some of the things you intend to do make your transition homewards easier? Has anyone considered taking on positions with significant travel to India(or your home country) so that you can get accustomed to the lifestyle/work environment/business back home?

    For me: Wait another 5-7 years, in the meantime yes, considering taking on positions with significant travel to India (where I am from). Investing and paying for building a home/apartment.




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  • yabadaba
    07-06 01:13 PM
    there is a new post on aila

    "July 2, 2007, State Department Notice to USCIS Regarding EB Visa Availability"

    members only




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  • shiankuraaf
    07-14 09:58 PM
    Just sent $50 to be received on 07/21/2008. Conf # 7YC45-CWJKT




    santb1975
    05-22 01:33 AM
    //

    Fundraising Target: 50000

    Total $$ so far: 19931

    Recurring Contributions: 14

    Members Contributed so far: 193

    Members listed below helped us reach our first 10K:

    gconmymind-51, snathan-50, smanikandan-100, ahasan-100, MunnaBhai-100, vineet-100, rameshk75-50, mariusp-35, gcfordesi-50, belmontboy-100, Houstonguy-200, vikasw-50, kshitijnt-100, pune_guy-100, walking_dude-100, prasha98-100, ivvm-50, manojp4-100, Pineapple-200, sammyb-50, ca_gc-100, santb1975-100, nav_saini-100, gcpadmavyuh-100, pcs-100, akbose-100, eastwest-50, ubetman-100, pmurgai-100, deba-100, 5-Jun-100, wa_Saiprasad-100, chaukas-100, arunmohan-50, jimytomy-100, aspiration-50, prshah102-100, czar_the_king-100, maverick6993-100, eb3_nepa-100, kumar_77-50, Alien-100, nagio-100, vin13-100, manja-100, loti_GC-50, sonaliak-100, mdmd10-100, surabhi-100, m306m-100, malaGCPahije-100, patbose-50, clif-100, goel_ar-50, dba9ioracle-100,djit71-100, Jitamitra-100, rajtp-100, espoir-50, rp0lol-100, kicca-50, rajmalhotra-100, anuraj1234-100, yetanotherguyinline-100, MI member 1-100, MI member 2-100, NolaIndian32-50, poreddyp-100, Karthikthiru-100, pshah-100, tapukakababa-100, h1techSlave-100, uffyegc-100, rameshk75-50, Nagireddi-100, srinivas_o-100, nc14-50, aa2aa-100, add78-100, jbr-100, jayleno-100, naidu2543-50, vansvenkat-100, amit_sp-100, gova123-100, psvk-100, xlr8r-100, 65B4GC-100, asanghi-100, GCneeded-100, tampa2006-100, gnlbigte-50, newuser-100, deafTunes123-25, gandhig-100, srmeka-100, akred-100, gc_maine2-100, gconmymind-50, gc78-100, sirinme-100, lalithkx-100, aspiration-50, reedandbamboo-100, GreenMe-100, GreenMe-50, jnayar2006-100, wizpal-100, aubGC-100, raminmd-100, mpadapa-50, nightowl76-100, NolaIndian32-100, birbal-100, coopheal-100

    Members listed below are helping us reach our second 10K:

    axp817-50, ngodisha-100, preethamsp-50, pappusheth-50, niklshah-50, coopheal-100, espoir-50, JacK41-50, velan-50, sk298-100, ak_2006-100, snowshoe-50, m306m-50,new_horizon-100,ho_gaya_kya-50,sundar-1000,continuedprogress-100,rongha_2000-100,cmdline-100,imv77-100,justwait-50,kvrr-50,conchshell-100,npperi-100,for_gc-100,sam2006-100,pyar555-100,tcsonly-100,axp817-50,GTGC-100,arbhaat-100,GC4All-100,dagu1234-50,ramaonline-50,mohmd1-100,wantgc23-100,mohan_ada-100,psam-100,nil-100,askbz1-100,hsshah-50,everwaiting-100,swamy-100,reddymjm-50,abqguy-25,ca_immigrant-50,elaiyam-100,waiting4gc-100,vdlrao-100,tampa2006-100,vasu-100,ashkam-100,skk2004-100,mpadapa-100,msaheb-100,gconmymind-50,pnagar-100,grupak-100,rameshk75-50,minimallist-100,Green.Tech-100,srkamath-100,mbartosik-100,ak_2006-100,helix-100,gc_freedom-100,gclabor07-100,danu2007-100,smmakani-100,srinivos-100,wandmaker-50,jimytomy-100,akp22-100,vadicherla-100,dcvideo-100,amsgc-100,govindk-100,cpbaherwani-100, zappy-500,rpchalasani-100,Green.Tech-50,ek_bechara-100,NolaIndian32-25,jayZinDC-100,ashokmohan-100,ramaonline-100,pointlesswait-50,weshallovercome-50,rpOlol-100,dingdong12-100,prashanthg-100,coopheal-100,vikramark-100,Amma - 100,m306m-50,wandmaker-50,santb1975-50

    Members listed below signed up for recurring contributions in this drive:

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    bigboy007
    06-02 08:26 PM
    True , hope it will relieve as house sees through it and will make life of all easier by making it amendments or even drop the whole law , We dont want it.

    But also can some one point to me to place where it says H1B is not dual intent , i could only find DUAL iNTENT for some students.



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