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...
wallpaper ,icc world cup 2011 time.
skoveta
06-23 03:38 PM
those are not the cases of India....
priti8888
07-23 04:14 PM
this is a 2004 EB3 approval! This is the first one I am seeing from 2004. So looks like they have really cleaned the pipes here, and things should be better going forward.
The nicest thing of this whole fiasco is that they seem to have ignored country-limits and approved as many as possible. Last year they did only 9.8K EB Indians (teh final count was 17k, but that was due to ScheduleA). THis year (2007) if they have gotten 20-30K India applications out, the dates should move better in the future.
Eagerly awaiting 2 USCIS stats:
1. per-country per-category EB approvals in 2007
2. number of 485 applications received by August 17th
They indeed are clearing up the pipes, so the situation is not as horrible as it seems to be. A pd of 2004 is considered "old" so as soon as visa nos become available in october, they would be the first ones to get approved.
The nicest thing of this whole fiasco is that they seem to have ignored country-limits and approved as many as possible. Last year they did only 9.8K EB Indians (teh final count was 17k, but that was due to ScheduleA). THis year (2007) if they have gotten 20-30K India applications out, the dates should move better in the future.
Eagerly awaiting 2 USCIS stats:
1. per-country per-category EB approvals in 2007
2. number of 485 applications received by August 17th
They indeed are clearing up the pipes, so the situation is not as horrible as it seems to be. A pd of 2004 is considered "old" so as soon as visa nos become available in october, they would be the first ones to get approved.
2011 Icc+world+cup+2011+time+
eb3_nepa
07-14 02:13 PM
I am trying to pay thru PNC Bank. When trying to add IV, there are 2 options. One is With number and the second Without number.
eb3_nepa: Could you please put some guidelines on how to use BillPAy? Sorry for the ignorance.
I think it would be without a number. Now that depends on which number? If they need an account number then, yes no account number OR you could use your IV handle as the account number. Different banks have different methods of BILL PAY.
eb3_nepa: Could you please put some guidelines on how to use BillPAy? Sorry for the ignorance.
I think it would be without a number. Now that depends on which number? If they need an account number then, yes no account number OR you could use your IV handle as the account number. Different banks have different methods of BILL PAY.
more...
bbct
02-18 04:24 PM
I agree. Mine is December 15, 2005.
Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.
Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.
sprajulu
09-10 04:42 PM
Friends
We need to write letters to USCIS directors and inform them about USICS senseless activities like issueing the G cards to latter PD's and not touching the older PD files
more and more letters should be send so that they will realize atleast for future visas. other wise older PD people won't get GC's for ever
We need to write letters to USCIS directors and inform them about USICS senseless activities like issueing the G cards to latter PD's and not touching the older PD files
more and more letters should be send so that they will realize atleast for future visas. other wise older PD people won't get GC's for ever
more...
gc_check
01-10 11:58 AM
It is good to see, more and more people (EB3 with older PD's ) switch to EB2 or higher, though the total percentage is small, it is still a significant help for EB3 (C & I). On average each EB Applicant consumes 2-3 Visas. One primary applicant switch means, at least 2 -3 visas freed in EB3 for this category. If qualified for EB2, this is a good move looking at the way EB3 dates are moving.
2010 world+cup+2011+time+table+
rajpatelemail
02-07 11:27 PM
i am going to marry my sister's daughter.. Sweet girl
All the girls are not like that. ;)
anyway my comments are about the crazy, career oriented, tradition less girls. And most of teh US girls are like that. Ofcourse not 100%, there may be few jewels..
All the girls are not like that. ;)
anyway my comments are about the crazy, career oriented, tradition less girls. And most of teh US girls are like that. Ofcourse not 100%, there may be few jewels..
more...
maddipati1
11-19 11:09 PM
This scenarios is for those who used all 6 years on H1 and got H1 extension due to a pending AOS application. they may have EADs too..
Ron Gocher quotes:
"Again, to be clear, my point is that if your AOS is denied, you immediately lose all eligibility for post sixth year extensions of H status. All time spent in H status counts against the six year limit. If you burn up time in H status while you are waiting for an AOS adjudication, you may well make it impossible to go back into H status if your AOS is denied."
My interpret...
Rule 1 :
> The max limit for H1 is only 6 years.
> You can only extend H1 beyond 6 years if there is a pending AOS
this means if there is no pending AOS, u r not eligible for H1.
On thing is clear, if AOS denial is valid, then thats it, no more H1 (after 6yrs)
but surprisingly Ron doesnt use the same logic for EAD too.
> EAD is also given as a temp relief for those who has pending AOS
so if there is no pending AOS, no more EAD too.
he thinks EAD is valid even after AOS valid Denial.
THe BIG QUESTION is, If AOS is wrongly denied and MTR is open,
What is the status of the dude?
Is the status AOS, coz its been denied already...
But again, if the dude's out of status due to AOS denial,
how come CIS allow to file MTR? Coz they know the guy who is
filing MTR is out-of-status due to AOS denial :-)
Its like a software u tested a lot with all kind of scenarios,
but there is one scenario still not tested.
Like in software, the dudes who initially wrote the code and the dudes who initially spcified requirements, are long gone to a different jobs. and after a few years (5,10 etc), a new set of dudes trying to wonder why this scenarios is missed, coz the whole biz process is already changed totally.
so, the dudes who wrote these rules and regulations are long gone and retired. and there are hell lot of things changed afterwards like AC21 etc etc.
thats is why systems need to be re-evaluated in a regular basis.
can this shit be any more tangled.... :-)
Ron Gocher quotes:
"Again, to be clear, my point is that if your AOS is denied, you immediately lose all eligibility for post sixth year extensions of H status. All time spent in H status counts against the six year limit. If you burn up time in H status while you are waiting for an AOS adjudication, you may well make it impossible to go back into H status if your AOS is denied."
My interpret...
Rule 1 :
> The max limit for H1 is only 6 years.
> You can only extend H1 beyond 6 years if there is a pending AOS
this means if there is no pending AOS, u r not eligible for H1.
On thing is clear, if AOS denial is valid, then thats it, no more H1 (after 6yrs)
but surprisingly Ron doesnt use the same logic for EAD too.
> EAD is also given as a temp relief for those who has pending AOS
so if there is no pending AOS, no more EAD too.
he thinks EAD is valid even after AOS valid Denial.
THe BIG QUESTION is, If AOS is wrongly denied and MTR is open,
What is the status of the dude?
Is the status AOS, coz its been denied already...
But again, if the dude's out of status due to AOS denial,
how come CIS allow to file MTR? Coz they know the guy who is
filing MTR is out-of-status due to AOS denial :-)
Its like a software u tested a lot with all kind of scenarios,
but there is one scenario still not tested.
Like in software, the dudes who initially wrote the code and the dudes who initially spcified requirements, are long gone to a different jobs. and after a few years (5,10 etc), a new set of dudes trying to wonder why this scenarios is missed, coz the whole biz process is already changed totally.
so, the dudes who wrote these rules and regulations are long gone and retired. and there are hell lot of things changed afterwards like AC21 etc etc.
thats is why systems need to be re-evaluated in a regular basis.
can this shit be any more tangled.... :-)
hair Icc+world+cup+2011+time+
letstalklc
12-11 05:09 PM
My pain is similar to yours buddy mine also took 6 months to file. The VB is now an monthly sadness event, even my wife is waiting for EAD, in the current time its almost impossible to get a job if one needs sponsorship read H1, despite being well qualified and having work experience. Also if we have EAD you probably would not have to go through H1B Extension (RFE's), I had to undergo this as well, fortunately my stamping was smooth. Until our day comes we just have to wait, I think the only chance is the new proposed 485 filing procedure when its implemented.
Mee too.
but the proposed 2 tier system has been pushed from this december to next June 2010 (i.e 6 months) as of now, not sure whether they will come up with it at least in June...
Lot of people are waiting to file their final step....They should start allowing to file 485 at least one year after based on their work load and based on their pre adjudication....
Mee too.
but the proposed 2 tier system has been pushed from this december to next June 2010 (i.e 6 months) as of now, not sure whether they will come up with it at least in June...
Lot of people are waiting to file their final step....They should start allowing to file 485 at least one year after based on their work load and based on their pre adjudication....
more...
deshbhakt
09-11 04:57 PM
Why is everybody so freaking out? arent they going to release new visas for FY 2009 in October? My assumption is November's bulletin will take care of the cut off dates based on those visa numbers.
Please correct me if my thinking is incorrect.
Please correct me if my thinking is incorrect.
hot +schedule+2011+time+table
lskreddy
04-30 03:59 PM
I don't understand how removing the country limit may have resorce implications, as how I understand is, instead of adjucation an EB-2(2008) from Mali you'll be adjucating an EB-2(2004) from India, what difference it is for them ???
It certainly would at the consular posts, esp India and China. It may not impact how the applications are handled with in USCIS.
It certainly would at the consular posts, esp India and China. It may not impact how the applications are handled with in USCIS.
more...
house World+cup+2011+time+table+
coolmanasip
07-05 10:15 AM
good one.....I have also sent a letter to my state senators....will go to the congressman office
tattoo World+cup+2011+time+table+
Jimi_Hendrix
11-20 09:49 PM
Got legal immigration?
Joe Adams holds on to his coffee cup while he anxiously reads the immigration news headlines on Google. The democrats have just won control in Washington and like all immigrants; Joe is hopeful that some immigration reform will emerge.
Joe, a native of United Kingdom first came to the United States in 1998. After graduating from Harvard Business School with an MBA he got his dream job in supply chain management. It was not long after that Joe’s company filed for his permanent residency. Life moved on and soon Joe and his wife Kathy had their first child. “The year was 2003” reminisces Joe, “I was really beginning to understand the U.S. immigration process. I was getting a handle on the numerous loops that lay ahead. It was soon apparent to me that immigration was no walk in the garden”.
Of the 940,000 legal immigrants in 2004, only 16% were skilled employment-based immigrants. About 40% of these skilled immigrants had advanced degrees, or 5 or more years of experience after a baccalaureate degree. The impact of these workers’ contributions to American competitiveness belies their small number. They add to the process of scientific discovery, technology development, and innovation, which in turn leads to greater productivity growth. Current immigration policy is abetting brain drain and forcing many of these immigrants to leave for countries like Canada and United Kingdom where skilled immigrants are given priority over undocumented and family-based immigrants.
Legal Immigration, Rewarding?
“Most importantly legal immigration has to be rewarding for legal residents and create a shining example for all other immigrants”, remarks Joe Adams. In the United States, all immigration reform for highly skilled immigrants is bundled with reform for undocumented workers. This phenomenon is representative of the apathy of U.S. immigration policy towards highly skilled legal immigrants. Many of them have advanced degrees in science and technology. They have trained and honed their skills while working in U.S. companies.
Currently permanent residency applications for skilled, employment based immigrants are backed 5-8 years. In the interim applicants are unable to change jobs, get promotions or make any major financial decisions. Highly skilled, legal immigrants need immigration reforms that will reduce massive process backlogs, improve processing by government agencies and better the quality of life while the application is pending.
Legal Immigration Myths
Extremist, anti-immigration advocacy groups have aggressively publicized myths about legal, skilled immigrants. Let us expound some of the common myths about employment based immigration.
Myth: Increasing green cards will enable more new immigrants to enter the country
Fact: Most immigrants who are caught in the employment-based immigration backlog have already spent 5-10 years in the United States. They have integrated socially and culturally. Companies have spent thousands of dollars on training these workers.
Myth: Employment based immigrants do not pay taxes and are a social burden
Fact: Employment based immigrants are required by law to file for federal and state tax returns each year. They pay social security taxes, medicare taxes, payroll taxes and all other applicable taxes. Employment based immigrants are not eligible to receive social security benefits unless their permanent residency applications are approved or unless they have worked in the U.S. for several years.
Myth: Employment based immigrants take away local jobs
Fact: Most progressive Americans realize that educated immigrant workers play a crucial role in stimulating the local economy. Highly skilled immigration fills the gaps in availability and makes the U.S. economy competitive and resilient. A recent study concludes that immigrants have fueled the US entrepreneurial economy, starting one in four venture-backed companies since 1990 and two in five in high technology. This is according to a study released by the National Venture Capital Association trade group to the U.S. Congress in November 2006.
Myth: H1B quota increase will result in more green cards
Fact: H1B has a separate quota from green card quotas. Even after an individual has approved security check, labor certification and employment eligibility; a visa number must be available for him to receive a green card. This quota is subject to annual numerical limits. Based on the current annual visa limit, applications are backlogged 6 years.
Future of Legal Immigration
It is presumed that legal immigration process works efficiently and in a clockwork fashion. However when you consider that legal applicants have to wait 5-8 years for a green card; this statement is false. In the current political environment pro and anti immigrant extremism exist side by side. A rational, middle of the road approach is largely missing. Such an approach would prioritize immigration based on the contribution of immigrants towards economic growth, the reduction of job outsourcing and most importantly rewarding those who chose to enter and continue to reside legally in USA.
Americans largely supports legal immigration. This year, the Secure Knowledge, Innovation and Leadership Bill was introduced in Senate and in the House of Representatives. This bill provides the much needed immigration reforms for highly skilled immigrants. However the democrat leadership has not yet declared immigration on their agenda for the first 100 hours of work. Unless congress collectively passes immigration relief for skilled workers, political considerations for the 2008 presidential elections will put this issue on the back burner again.
Joe Adams holds on to his coffee cup while he anxiously reads the immigration news headlines on Google. The democrats have just won control in Washington and like all immigrants; Joe is hopeful that some immigration reform will emerge.
Joe, a native of United Kingdom first came to the United States in 1998. After graduating from Harvard Business School with an MBA he got his dream job in supply chain management. It was not long after that Joe’s company filed for his permanent residency. Life moved on and soon Joe and his wife Kathy had their first child. “The year was 2003” reminisces Joe, “I was really beginning to understand the U.S. immigration process. I was getting a handle on the numerous loops that lay ahead. It was soon apparent to me that immigration was no walk in the garden”.
Of the 940,000 legal immigrants in 2004, only 16% were skilled employment-based immigrants. About 40% of these skilled immigrants had advanced degrees, or 5 or more years of experience after a baccalaureate degree. The impact of these workers’ contributions to American competitiveness belies their small number. They add to the process of scientific discovery, technology development, and innovation, which in turn leads to greater productivity growth. Current immigration policy is abetting brain drain and forcing many of these immigrants to leave for countries like Canada and United Kingdom where skilled immigrants are given priority over undocumented and family-based immigrants.
Legal Immigration, Rewarding?
“Most importantly legal immigration has to be rewarding for legal residents and create a shining example for all other immigrants”, remarks Joe Adams. In the United States, all immigration reform for highly skilled immigrants is bundled with reform for undocumented workers. This phenomenon is representative of the apathy of U.S. immigration policy towards highly skilled legal immigrants. Many of them have advanced degrees in science and technology. They have trained and honed their skills while working in U.S. companies.
Currently permanent residency applications for skilled, employment based immigrants are backed 5-8 years. In the interim applicants are unable to change jobs, get promotions or make any major financial decisions. Highly skilled, legal immigrants need immigration reforms that will reduce massive process backlogs, improve processing by government agencies and better the quality of life while the application is pending.
Legal Immigration Myths
Extremist, anti-immigration advocacy groups have aggressively publicized myths about legal, skilled immigrants. Let us expound some of the common myths about employment based immigration.
Myth: Increasing green cards will enable more new immigrants to enter the country
Fact: Most immigrants who are caught in the employment-based immigration backlog have already spent 5-10 years in the United States. They have integrated socially and culturally. Companies have spent thousands of dollars on training these workers.
Myth: Employment based immigrants do not pay taxes and are a social burden
Fact: Employment based immigrants are required by law to file for federal and state tax returns each year. They pay social security taxes, medicare taxes, payroll taxes and all other applicable taxes. Employment based immigrants are not eligible to receive social security benefits unless their permanent residency applications are approved or unless they have worked in the U.S. for several years.
Myth: Employment based immigrants take away local jobs
Fact: Most progressive Americans realize that educated immigrant workers play a crucial role in stimulating the local economy. Highly skilled immigration fills the gaps in availability and makes the U.S. economy competitive and resilient. A recent study concludes that immigrants have fueled the US entrepreneurial economy, starting one in four venture-backed companies since 1990 and two in five in high technology. This is according to a study released by the National Venture Capital Association trade group to the U.S. Congress in November 2006.
Myth: H1B quota increase will result in more green cards
Fact: H1B has a separate quota from green card quotas. Even after an individual has approved security check, labor certification and employment eligibility; a visa number must be available for him to receive a green card. This quota is subject to annual numerical limits. Based on the current annual visa limit, applications are backlogged 6 years.
Future of Legal Immigration
It is presumed that legal immigration process works efficiently and in a clockwork fashion. However when you consider that legal applicants have to wait 5-8 years for a green card; this statement is false. In the current political environment pro and anti immigrant extremism exist side by side. A rational, middle of the road approach is largely missing. Such an approach would prioritize immigration based on the contribution of immigrants towards economic growth, the reduction of job outsourcing and most importantly rewarding those who chose to enter and continue to reside legally in USA.
Americans largely supports legal immigration. This year, the Secure Knowledge, Innovation and Leadership Bill was introduced in Senate and in the House of Representatives. This bill provides the much needed immigration reforms for highly skilled immigrants. However the democrat leadership has not yet declared immigration on their agenda for the first 100 hours of work. Unless congress collectively passes immigration relief for skilled workers, political considerations for the 2008 presidential elections will put this issue on the back burner again.
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vkannan
03-01 01:39 PM
people,
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
So, did anyone else hear anything similar? i am VERY excited about this... but dont know anything about what to make of it... maybe he was just saying it because my face looked tense?????? ha ha ha... no seriously, i dont know what to make of him and his information...
Chi_shark
One of my co-worker had a info-pass this friday and the IO told him similar comments to the one which you heard....not sure what to infer out of these comments......
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
So, did anyone else hear anything similar? i am VERY excited about this... but dont know anything about what to make of it... maybe he was just saying it because my face looked tense?????? ha ha ha... no seriously, i dont know what to make of him and his information...
Chi_shark
One of my co-worker had a info-pass this friday and the IO told him similar comments to the one which you heard....not sure what to infer out of these comments......
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vallabhu
01-05 02:38 PM
Looks like it is random, it may also depend on the service where it is applied from, Mine is from vermont, Nov 2003 received the 45 letter, I have another one from Atlanta June 2004 did not receive the 45 day letter.
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radhay
04-17 01:59 PM
I have closed on two mortgage loans recently and found that Loan Underwriters don't understand EAD/ AOS applications. For my original loan with Pulte Mortgage I explained them that AOS is a period authroized stay by Attorney General until Green card is approved. When they still didn't understand I had to bump my down payment to 20% which apparently puts less resrtictions (By Fannie Mae guidelines).
When I refinanced this week with PFCU (pentagan federal CU) I sent them EAD copies and they were OK with it.
When I refinanced this week with PFCU (pentagan federal CU) I sent them EAD copies and they were OK with it.
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Aah_GC
07-05 06:45 PM
I think this is a valid question that is being asked and should be answered by IV core. Am always intrigued by our behind the scenes effort and the heck that is going on. I do not want to cross the line and judge the integrity on IV core, but would really like to know exactly what we are up to. At least we need to periodic conf calls and announcement of our efforts (and I understand there needs to be some secrecy with anti-immig watching us closely).
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pune_guy
03-17 09:14 PM
Guys,
The H1B holder is ELIGIBLE for the stimulus package since he/she has SSN. He won't be able to claim the benefit for spouse if the spouse does not have SSN.
So just because spouse does not have SSN does not mean that the H1B holder becomes ineligible to receive the benefit. H1B will get $600 for himself/herself as long as he/she has filed IT returns.
Thanks
The H1B holder is ELIGIBLE for the stimulus package since he/she has SSN. He won't be able to claim the benefit for spouse if the spouse does not have SSN.
So just because spouse does not have SSN does not mean that the H1B holder becomes ineligible to receive the benefit. H1B will get $600 for himself/herself as long as he/she has filed IT returns.
Thanks
vdlrao
06-11 07:25 AM
anyone wants to guess as to when EB3(I) will reach 2003 Dec. I know it is long long time away but it has to reach that date some time in the future.
Dont worry good days ahead. I am presuming that at some point of time in the next two to three years all the EB categories will be cleared off with no backlogs.
Dont worry good days ahead. I am presuming that at some point of time in the next two to three years all the EB categories will be cleared off with no backlogs.
Ramba
09-05 06:32 PM
The unbelievable growth in India made me explore a bit in terms of investments, ended up with the financial advise and recommendation from experts that we cannot directly invest in equity as an NRI. Only investment allowed it seems, for NRI is in real estate. Not sure whether this is true. There holds the surprise I could not add up the numbers in real-estate in India. Real estate in India is darn expensive even by international standards (with per capita GDP of $700->$2500 per annum).
Flats in Indian hub cities: 2-bedroom, 1000 sq ft apartment for average $200,000-$300,000 and above. (www.99acres.com) Condos in most major metros in USA: 2-bedroom, 1000 sq ft average $200,000-$300,000 (google housing)
Given that, median income in US is 50 times more than India. I thought the Indian cities are up in bubble. Next, look at agricultural land prices.
Agricultural land in Northern part of India is average $50000 - $250,000 per acre (www. 99acres.com) where in east, west and south is about $20000-$200,000. In Villages its about $15000 to $50000 per acre.
Agricultural land in US is in the range of $6000-$15000 per acre. ($12,000 per acre in NJ, $6,000 per acre in California and $8,000 per acre in Florida. From USDA website)
Now You can do the math. Commercial land is even more expensive in india.
The reason, people say, population density. Now lets look at this factor, the density in India is much higher than USA. But, compare to NJ, NJ is actually slightly more densely populated than most states in India. Real estate is regulated by government in India that prevents easy buying and selling and land survey records are not properly maintained which makes it easy to bump up the price.
Can someone explain to me how in the world, the farmers in India who make less than $1000 per annum continue to own land that is valued at several $100K? How many can afford a home in that country?
Is this what economic experts call "bubble"? I believe there needs to be a correction in the market in India to avoid a disaster.
There is no doubt about NRIs are the prime reason for the real estate boom in India. It is tottally unbelivable that 2 bedroom flat in a normal second class town has gone to up to 40 lakes. Decent independent houses are in terms of crores in small cites. Two factors. One is foreign money and second in black money from local dadas/politicians. Also demand vs supply. The availble land is small and demand for that land is too high due to these two gropus.
I visited one of my NRI friends house in India, where he is not going to live as he is a US citizen. His parents already won two houses and they bought another house as a investment. This house in a recent development area in a small town where there is no high tech employment is avialable; In my feeling it may not worth 5 lakes; they were selling at 45 lakes. Even if anyone ready to pay 45 lakes there is no unit is avialable; everything was sold to NRIs. No resident won the houses in that area. All the dads and mos are baby sitting the houses. Renting alos not that easy. It is tottally unbelivable. I wonder why all the NRIs buying house in India and increisng the house price? The guys working here (or any part of the world) and not going to live in India, why government should allow to buy the house and increse the price? Everyone tries to do real estate bussiness there. That is the main reason for price increase.
Flats in Indian hub cities: 2-bedroom, 1000 sq ft apartment for average $200,000-$300,000 and above. (www.99acres.com) Condos in most major metros in USA: 2-bedroom, 1000 sq ft average $200,000-$300,000 (google housing)
Given that, median income in US is 50 times more than India. I thought the Indian cities are up in bubble. Next, look at agricultural land prices.
Agricultural land in Northern part of India is average $50000 - $250,000 per acre (www. 99acres.com) where in east, west and south is about $20000-$200,000. In Villages its about $15000 to $50000 per acre.
Agricultural land in US is in the range of $6000-$15000 per acre. ($12,000 per acre in NJ, $6,000 per acre in California and $8,000 per acre in Florida. From USDA website)
Now You can do the math. Commercial land is even more expensive in india.
The reason, people say, population density. Now lets look at this factor, the density in India is much higher than USA. But, compare to NJ, NJ is actually slightly more densely populated than most states in India. Real estate is regulated by government in India that prevents easy buying and selling and land survey records are not properly maintained which makes it easy to bump up the price.
Can someone explain to me how in the world, the farmers in India who make less than $1000 per annum continue to own land that is valued at several $100K? How many can afford a home in that country?
Is this what economic experts call "bubble"? I believe there needs to be a correction in the market in India to avoid a disaster.
There is no doubt about NRIs are the prime reason for the real estate boom in India. It is tottally unbelivable that 2 bedroom flat in a normal second class town has gone to up to 40 lakes. Decent independent houses are in terms of crores in small cites. Two factors. One is foreign money and second in black money from local dadas/politicians. Also demand vs supply. The availble land is small and demand for that land is too high due to these two gropus.
I visited one of my NRI friends house in India, where he is not going to live as he is a US citizen. His parents already won two houses and they bought another house as a investment. This house in a recent development area in a small town where there is no high tech employment is avialable; In my feeling it may not worth 5 lakes; they were selling at 45 lakes. Even if anyone ready to pay 45 lakes there is no unit is avialable; everything was sold to NRIs. No resident won the houses in that area. All the dads and mos are baby sitting the houses. Renting alos not that easy. It is tottally unbelivable. I wonder why all the NRIs buying house in India and increisng the house price? The guys working here (or any part of the world) and not going to live in India, why government should allow to buy the house and increse the price? Everyone tries to do real estate bussiness there. That is the main reason for price increase.
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