EkAurAaya
07-11 03:32 PM
They are talking about the EB-3 Other Worker category, NOT EB-3 India (one row below EB-3-I in the bulletin)
If you see July bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
the EB-3 - Other Worker was 01Jan03 which is now U in August bulletin
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
Oh - I got excited for nothing! Thanks for correcting me.
So "Other workers" is also considered EB3? who falls in this category...?
If you see July bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
the EB-3 - Other Worker was 01Jan03 which is now U in August bulletin
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
Oh - I got excited for nothing! Thanks for correcting me.
So "Other workers" is also considered EB3? who falls in this category...?
wallpaper Google Logo Meaning Today
JunRN
10-03 11:18 PM
I do not believe the 800,000 figure for I-485 alone. It could be a misquote from Aytes. The 800,000 is possibly combination of all immigration related applications such as I-140, 485, 131, 765, etc.
Even during last year when EBs are current, it didn't reach that many applications. I believe Matthew OH is more accurate in saying there's a total of 320,000 I-485 applications.
With that figure, average 2.5 years waiting is in order. But that should not be distributed equally among all countries due to per country limit. I would guess, for India and China, it would be 3 years wait, and for the rest, 2 years.
Even during last year when EBs are current, it didn't reach that many applications. I believe Matthew OH is more accurate in saying there's a total of 320,000 I-485 applications.
With that figure, average 2.5 years waiting is in order. But that should not be distributed equally among all countries due to per country limit. I would guess, for India and China, it would be 3 years wait, and for the rest, 2 years.
trueguy
03-03 03:40 PM
Looks like MDix is making fun of EB3-I bcoz current law doesn't allow any spillover for EB3-I category. Damn you MDix.
2011 the familiar Google logo.
pappu
06-10 11:28 AM
snhn
what is a DWI?thanks.
Drunk With ImmigrationVoice. :D
what is a DWI?thanks.
Drunk With ImmigrationVoice. :D
more...
mirage
08-04 11:59 AM
I'm telling them my condition, and I know there are lot of people in the same boat. Again you need to talk to the lawyer about GC cost. Emplyee can bear all the GC related cost.
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.
2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.
That was your choice.
H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.
One hand, you are saying guessing and still insist that it is based on facts.
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.
2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.
That was your choice.
H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.
One hand, you are saying guessing and still insist that it is based on facts.
GCBy3000
07-18 05:00 PM
Think about the guys who are stuck with PBEC / DBEC. These are very unfortunate guys / gals who are going to get screwed further due to this receipt date processing for 485. Everything is caused by July VB fiasco.
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
more...
ItIsNotFunny
03-09 07:52 AM
This is becoming like a person who buys lottery regularly. Then every time before the results are going to come out, starts dreaming and then gets disappointed as his number is not drawn.
Stop dreaming! This is not a lottery. Please contribute to FOIA and lets find the real numbers.
Stop dreaming! This is not a lottery. Please contribute to FOIA and lets find the real numbers.
2010 Google Logos Collection middot; Yet
GCScrewed
08-16 09:21 AM
This just dawned on me. They are supposed to following the current law of per country limit first before distributing it. But how come all the EB3 countries are not available while they are distributing "extra" visas to overscribed countries? Countries like Iceland should always be current as they do not have a lot of EB immigrants. So you would excpect that at least some countries still have EB3 visas. However, it is not the case.
The purpose is to demonstrate that they do not have a process to follow the law. They screwed up before and they are screwing up again now. There have been other facts about their mismanagement that can be used to make the case. Therefore, they should compensate people who have been here patiently waiting with good faith... one way is to speed up processing cases pending for more than 5 years.
The purpose is to demonstrate that they do not have a process to follow the law. They screwed up before and they are screwing up again now. There have been other facts about their mismanagement that can be used to make the case. Therefore, they should compensate people who have been here patiently waiting with good faith... one way is to speed up processing cases pending for more than 5 years.
more...
reddymjm
09-10 10:28 AM
Not quite true - this is done at 140 not 485
Yes. By Law and by the Book. But I just saw in my friend circle. Most of them were US Masters.
Yes. By Law and by the Book. But I just saw in my friend circle. Most of them were US Masters.
hair google collection Dedicada
conundrum
09-15 05:21 PM
I do believe that each person has the right to champion for whatever cause s/he believes in. But don't you think that instead of this class war we should fight the USCIS system and ensure FIFO. I believe if we have a transparent and smooth USCIS functioning then a lot of our problems will be solved. At least we will know where we stand without the uncertainty!!
more...
EB3_SEP04
05-18 01:58 PM
ind_game, just a heads up : when the 485 is reopened they take the op'ty to review the app for all supporting docs. meaning if you have not submitted any supporting docs like birth cert etc they would issue an RFE. They did to me, back in Jul-07 i had submitted only parents affidavit but no BC or NABC. And they gave me only 30 days (i think it used be 90 days for RFE), I had hard time collecting the required info/doc in such a short time.
hot A collection of all Google
glus
07-05 10:39 AM
I sent them letters via certified mail on Tuesday!
J
J
more...
house search engine google-logos
9years
10-28 07:27 PM
Hi Vayumahesh,
My attorney told me that it takes around a month to get ported (may be he is just saying in general). As I mentioned earlier My I-140 (EB2 one) shows EB3 priority date. I hope something will happen in a month or two.
Good luck to you on your EB2 I-140.
Thanks.
My attorney told me that it takes around a month to get ported (may be he is just saying in general). As I mentioned earlier My I-140 (EB2 one) shows EB3 priority date. I hope something will happen in a month or two.
Good luck to you on your EB2 I-140.
Thanks.
tattoo google logos collection
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...
more...
pictures google logos collection
GCwaitforever
01-13 04:19 PM
Still waiting for labor clearance.
Non-RIR, EB2, November 2001 PD, Florida, made it to Atlanta, shipped to Philly, received 45-day letter and replied. Then no news for the past six months!!:)
Non-RIR, EB2, November 2001 PD, Florida, made it to Atlanta, shipped to Philly, received 45-day letter and replied. Then no news for the past six months!!:)
dresses google logos collection
santb1975
06-22 03:13 PM
We are closer to 20K now more than we were before
more...
makeup Very nice collection of google
HumJumboHathuJumbo
09-10 11:36 AM
I, for one, am happy with this Oct visa bulletin. This is how it should be. First give GCs to all those with < 2003 PD. You guys with 2006 and 2007 pd should be glad you even got to file I-485 and EAD. What are you bitching about?.
girlfriend google logo black.
ars01
03-12 04:50 PM
This is unbelievable!
Your PD is Apr 03 EB3 India and you got your GC. You won a lottery buddy. Any LUDs etc in recent past?
No LUDs. I had not checked my case status in the last 4 months and then I just received this email.
Your PD is Apr 03 EB3 India and you got your GC. You won a lottery buddy. Any LUDs etc in recent past?
No LUDs. I had not checked my case status in the last 4 months and then I just received this email.
hairstyles of official Google logos,
bp333
03-04 12:30 PM
My application is filed with Texas Service Centre.
Forgot to mention, my attorney did state that their office received an approval 2 weeks back whose priority date was not even close to current. She did not share the specifics.
I just checked my online status and it doesnt have any updates since 2007, states its received and pending... Not sure how current is the online info.
Forgot to mention, my attorney did state that their office received an approval 2 weeks back whose priority date was not even close to current. She did not share the specifics.
I just checked my online status and it doesnt have any updates since 2007, states its received and pending... Not sure how current is the online info.
kyjy
03-24 09:16 PM
Did anyone receive LC approval that was filed in Delaware?
kevinkris
05-27 12:47 PM
goto top..
No comments:
Post a Comment