ita
08-25 08:13 PM
I'm looking for homeloan options in India. Which bank would be good to apply for home loans.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
wallpaper 2011 Bugatti Veyron 16.4 Super
Administrator2
05-02 09:27 AM
Here is the information sent to IV by Research Program Manager at NEU
Thank you for sending excellent compilation of information on this subject. It is very helpful to understand the background of this issue.
--------------------------------------------------------------------
When Congress passed the Economic Stimulus Act in January, anti-immigrant pressure groups, such as FAIR, cried foul. FAIR claimed that the Act would put funds into the hands of illegal immigrants. They therefore petitioned for an amendment that would exclude taxpayers who file with an ITIN, which according to FAIR included many illegal immigrants (sic).
http://www.fairus.org/site/PageServer?pagename=research_mar08nl01?&printer_friendly=1
After FAIR�s concerns were aired in the US media, the Senate amended the Act to require valid Social Security numbers on all tax returns qualifying for the stimulus payment. Families who file jointly are excluded from ANY payment if one of the taxpayers on the form filed with an ITIN. As a result, thousands of Military families and an even larger number of legal US residents will receive no stimulus payment. Consider a report in a military newspaper about a family of five stationed overseas. The father is a foreign citizen who filed a joint return using an ITIN. Now the entire family will not receive the stimulus check, even though the mother (a US soldier) and her three children are US citizens.
http://www.military.com/news/article/itin-ineligible-for-special-rebate.html
In Japan, thousands of military families face the same situation.
http://www.armytimes.com/news/2008/04/army_rebate_041408w/
The solution, according to some, is to amend the tax return and file separately. However, by excluding the ITIN holders from the tax return, the head of household must forgo claiming them as dependents. The end result has little or no benefit in most cases because to receive the stimulus payment, the taxpayer must agree to pay more in taxes.
Foreign born workers who live in the US are also affected. Many have lived in the US for years and have been dutifully paying taxes and contributing to the US economy. However, a large number have family members who do not have Visas that permit them to work (Laws that prevent dependents of immigrants from working in the US already places these families at an economic disadvantage). As a result, they are not eligible for a SSN and must file their tax returns using ITIN numbers. Even though these families are faced with the same challenges as their American born neighbors, they will receive no tax relief because of the ITIN exclusion.
The only way to get the stimulus payment is to obtain a Social Security Number for �non-work� purposes. The SSA may issue an SSN to an alien under the following provision:
20 C.F.R. � 422.104(a)(3)
(i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;
http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm
The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�
Here are some links to documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit.
Lawmakers
Nancy Pelosi, Speaker of the House
�Residents of the U.S. territories will also receive the benefit.�
Johnny Isakson, United States Senator from Georgia
The benefit would phase out for single people earning more than $75,000 a year and married couples earning more than $150,000.
Johnson (GA04) | Press Release | Rep. Johnson Votes to Stimulate Economy
Americans who earned at least $3,000 in 2007 will receive the benefit, including Social Security recipients and 250,000 disabled veterans. Higher income taxpayers are not eligible and the relief phases out above incomes of $75,000 for a single earner and $150,000 for married couples.
Senator Robert Menendez | Newsroom
�Today's event is a chance to spread the word so that everyone is aware of the steps they need to take to receive this benefit.�
News | Senator Pete V. Domenici
This benefit would help an estimated 20 million seniors and 250,000 disabled veterans.
EconomicStimulus2008
The 2008 tax instructions will include a worksheet to help those who did not qualify for a payment or those who received a reduced amount determine if they can obtain a benefit when they file their 2008 tax returns next year.
Senate Finance Committee
020808 Econ Stim Staff Summary.pdf (application/pdf Object)
The amount of the credit is phased out at a rate of 5% of adjusted gross income beginning at $75,000 ($150,000 in the case of joint returns). Residents of the U.S. possessions will also receive the benefit�
The law also clearly states that qualified recipients of this benefit must have social security numbers to receive these funds. No other identification number is considered permissible. SEC. 6428 (h) (2) �Identification Number Requirement� states, �For purposes of paragraph (1), the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.�
According to SSA document 20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a �valid non-work purpose� results when the �law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement.�
The means-testing provision of H.R. 5140, the Economic Stimulus Act of 2008 is stated in SEC. 6428 (d) Limitation Based on Adjusted Gross Income.
The federal government has also defined H.R. 5140 as a form of financial relief to persons who fall within certain income categories. According to a Whitehouse publication explaining the means-testing provision of H.R. 5140, �This relief would be available to everyone with adjusted gross income less than $75,000 for singles and $150,000 for married couples filing jointly. It will be phased out for taxpayers above those income thresholds. Taxpayers may qualify by filing a tax return for 2007 and including a valid Social Security number on their tax return.� [Fact Sheet: Bipartisan Growth Package Will Help Protect Our Nation's Economic Health, Office of the Press Secretary, February 13, 2008, whitehouse.gov].
Lawmakers included the identification requirements to HR.5140 under the belief that all legal residents of the United States will hold Social Security numbers. Therefore, it is incumbent upon the Commissioner of Social Security to �take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers� [Section 205(c)(2)(B)(i)] and that all qualified individuals receive �financial relief� under H.R. 5140 according to the stated will and intention of the United States Congress and Senate (as described in the links above).
Thank you for sending excellent compilation of information on this subject. It is very helpful to understand the background of this issue.
--------------------------------------------------------------------
When Congress passed the Economic Stimulus Act in January, anti-immigrant pressure groups, such as FAIR, cried foul. FAIR claimed that the Act would put funds into the hands of illegal immigrants. They therefore petitioned for an amendment that would exclude taxpayers who file with an ITIN, which according to FAIR included many illegal immigrants (sic).
http://www.fairus.org/site/PageServer?pagename=research_mar08nl01?&printer_friendly=1
After FAIR�s concerns were aired in the US media, the Senate amended the Act to require valid Social Security numbers on all tax returns qualifying for the stimulus payment. Families who file jointly are excluded from ANY payment if one of the taxpayers on the form filed with an ITIN. As a result, thousands of Military families and an even larger number of legal US residents will receive no stimulus payment. Consider a report in a military newspaper about a family of five stationed overseas. The father is a foreign citizen who filed a joint return using an ITIN. Now the entire family will not receive the stimulus check, even though the mother (a US soldier) and her three children are US citizens.
http://www.military.com/news/article/itin-ineligible-for-special-rebate.html
In Japan, thousands of military families face the same situation.
http://www.armytimes.com/news/2008/04/army_rebate_041408w/
The solution, according to some, is to amend the tax return and file separately. However, by excluding the ITIN holders from the tax return, the head of household must forgo claiming them as dependents. The end result has little or no benefit in most cases because to receive the stimulus payment, the taxpayer must agree to pay more in taxes.
Foreign born workers who live in the US are also affected. Many have lived in the US for years and have been dutifully paying taxes and contributing to the US economy. However, a large number have family members who do not have Visas that permit them to work (Laws that prevent dependents of immigrants from working in the US already places these families at an economic disadvantage). As a result, they are not eligible for a SSN and must file their tax returns using ITIN numbers. Even though these families are faced with the same challenges as their American born neighbors, they will receive no tax relief because of the ITIN exclusion.
The only way to get the stimulus payment is to obtain a Social Security Number for �non-work� purposes. The SSA may issue an SSN to an alien under the following provision:
20 C.F.R. � 422.104(a)(3)
(i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;
http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm
The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�
Here are some links to documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit.
Lawmakers
Nancy Pelosi, Speaker of the House
�Residents of the U.S. territories will also receive the benefit.�
Johnny Isakson, United States Senator from Georgia
The benefit would phase out for single people earning more than $75,000 a year and married couples earning more than $150,000.
Johnson (GA04) | Press Release | Rep. Johnson Votes to Stimulate Economy
Americans who earned at least $3,000 in 2007 will receive the benefit, including Social Security recipients and 250,000 disabled veterans. Higher income taxpayers are not eligible and the relief phases out above incomes of $75,000 for a single earner and $150,000 for married couples.
Senator Robert Menendez | Newsroom
�Today's event is a chance to spread the word so that everyone is aware of the steps they need to take to receive this benefit.�
News | Senator Pete V. Domenici
This benefit would help an estimated 20 million seniors and 250,000 disabled veterans.
EconomicStimulus2008
The 2008 tax instructions will include a worksheet to help those who did not qualify for a payment or those who received a reduced amount determine if they can obtain a benefit when they file their 2008 tax returns next year.
Senate Finance Committee
020808 Econ Stim Staff Summary.pdf (application/pdf Object)
The amount of the credit is phased out at a rate of 5% of adjusted gross income beginning at $75,000 ($150,000 in the case of joint returns). Residents of the U.S. possessions will also receive the benefit�
The law also clearly states that qualified recipients of this benefit must have social security numbers to receive these funds. No other identification number is considered permissible. SEC. 6428 (h) (2) �Identification Number Requirement� states, �For purposes of paragraph (1), the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.�
According to SSA document 20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a �valid non-work purpose� results when the �law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement.�
The means-testing provision of H.R. 5140, the Economic Stimulus Act of 2008 is stated in SEC. 6428 (d) Limitation Based on Adjusted Gross Income.
The federal government has also defined H.R. 5140 as a form of financial relief to persons who fall within certain income categories. According to a Whitehouse publication explaining the means-testing provision of H.R. 5140, �This relief would be available to everyone with adjusted gross income less than $75,000 for singles and $150,000 for married couples filing jointly. It will be phased out for taxpayers above those income thresholds. Taxpayers may qualify by filing a tax return for 2007 and including a valid Social Security number on their tax return.� [Fact Sheet: Bipartisan Growth Package Will Help Protect Our Nation's Economic Health, Office of the Press Secretary, February 13, 2008, whitehouse.gov].
Lawmakers included the identification requirements to HR.5140 under the belief that all legal residents of the United States will hold Social Security numbers. Therefore, it is incumbent upon the Commissioner of Social Security to �take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers� [Section 205(c)(2)(B)(i)] and that all qualified individuals receive �financial relief� under H.R. 5140 according to the stated will and intention of the United States Congress and Senate (as described in the links above).
manishs7
07-20 04:08 PM
Hilary and Obama said NO to Legal Immigration...
MCcain said YES...
Choice is yours..
THINK before you vote...
MCcain said YES...
Choice is yours..
THINK before you vote...
2011 2011 Bugatti Veyron 16.4 Super
TeddyKoochu
12-10 07:20 PM
What are you repenting? That you were not married in July 07 ... well that's not your 'sin' or is it?
Friend agree with what you say, but the pain for Jul 07 Misser's is the maximum (Or atleast one of the worst) in the group. I just happened to miss the windfall because my labor was approved couple of months later. For individuals in our group being able to file for 485 is itself equivalent to getting GC as it enables us to get EAD & AP for self and family, if you ask us we don't mind paying the fee. We don’t know when we will reach the Toll Plaza for the 485 tunnel, or where it is right now or how far are we! Every year is part of hoping till the very end, only our optimism lives on.
Friend agree with what you say, but the pain for Jul 07 Misser's is the maximum (Or atleast one of the worst) in the group. I just happened to miss the windfall because my labor was approved couple of months later. For individuals in our group being able to file for 485 is itself equivalent to getting GC as it enables us to get EAD & AP for self and family, if you ask us we don't mind paying the fee. We don’t know when we will reach the Toll Plaza for the 485 tunnel, or where it is right now or how far are we! Every year is part of hoping till the very end, only our optimism lives on.
more...
Progressive
07-13 04:27 PM
count me in. I am from LA county live in Torrance
aadimanav
12-10 03:37 PM
Source:
Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)
WILL THERE BE ANY ADDITIONAL CUT-OFF DATES FOR FOREIGN STATES IN THE EMPLOYMENT FIRST OR SECOND PREFERENCE CATEGORIES?
At this time it is unlikely that there will be any cut-off dates in the Employment First preferences. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates apply to the China and India Second preference categories due to heavy demand, and each has the potential to become "unavailable" should demand cause the annual limit for that category to be reached.
INA Section 202(a)(5) provides that if total demand will be insufficient to use all available numbers in a particular employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limits. For example, if it is determined that based on the level of demand being received at that time there would be otherwise unused numbers in the Employment Second preference category, then numbers could be provided to oversubscribed countries without regard to per-country limitations. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.
Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)
WILL THERE BE ANY ADDITIONAL CUT-OFF DATES FOR FOREIGN STATES IN THE EMPLOYMENT FIRST OR SECOND PREFERENCE CATEGORIES?
At this time it is unlikely that there will be any cut-off dates in the Employment First preferences. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates apply to the China and India Second preference categories due to heavy demand, and each has the potential to become "unavailable" should demand cause the annual limit for that category to be reached.
INA Section 202(a)(5) provides that if total demand will be insufficient to use all available numbers in a particular employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limits. For example, if it is determined that based on the level of demand being received at that time there would be otherwise unused numbers in the Employment Second preference category, then numbers could be provided to oversubscribed countries without regard to per-country limitations. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.
more...
loudobbs
09-10 09:25 AM
meant to say not illegal immigrants....:o:o
and i am NOT the real Lou Dobbs. But in all seriousness guys, I think we really have to wake up. We are not illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
and i am NOT the real Lou Dobbs. But in all seriousness guys, I think we really have to wake up. We are not illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
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winding
04-30 07:12 PM
http://judiciary.house.gov/media/pdfs/USCIS080430.pdf
more...
jonty_11
07-06 01:31 PM
Why USCIS suddenly did this press release? Something fishy?
see now this rumor is taking steam.....this would make james WAtt proud...
I think we are onto something here.
see now this rumor is taking steam.....this would make james WAtt proud...
I think we are onto something here.
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transpass
09-12 12:01 AM
I personally think backwards running clock is the best thing to send...It hits nail on the head...The PDs are moving backward instead of forward...It is also a funny story for news media to pick up...Mass letters are also ok...
Regarding the fliers suggested by someone, I feel that calling them lazy would not help (Even though I agree that they do deserve to some extent). But on the otherhand they might take offense to that, since the IOs can say that at times, they work weekends and that they just follow what they are directed to do by the higherups...
Just my 2cents...
Regarding the fliers suggested by someone, I feel that calling them lazy would not help (Even though I agree that they do deserve to some extent). But on the otherhand they might take offense to that, since the IOs can say that at times, they work weekends and that they just follow what they are directed to do by the higherups...
Just my 2cents...
more...
nandini
09-06 09:29 AM
15 years and 2 months. Arrived in US in June 1995. Includes 6 years on J1 and 9 years on H1. Been thru all possible problems-employer closing shop in the middle of waiver, scrambling to find another waiver position, labor stuck in back log , lost priority date, new PERM and labor from 2006 and then applied 485 in july 2007 .
I made a lot of mistakes, lost opportunities but there there were a lot of things beyond my control...
Received approval email on 9/4/2010
I made a lot of mistakes, lost opportunities but there there were a lot of things beyond my control...
Received approval email on 9/4/2010
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Raju
07-19 01:39 PM
I just contributed $100 in addition to my previous contributions. I posted the details on another thread.
If you are done with contributing please urge your friends to do so. Previously lot of people used to ask what should they tell about IV achievments to friends. Now you have the July Visa bulletin Fiasco. Strike the iron while it is hot. Please urge you friends to contribute ASAP.
If you are done with contributing please urge your friends to do so. Previously lot of people used to ask what should they tell about IV achievments to friends. Now you have the July Visa bulletin Fiasco. Strike the iron while it is hot. Please urge you friends to contribute ASAP.
more...
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Waitingnvain
05-04 10:21 AM
Hey Guys:
My PD is June 2001. I believe my attorney replied to the 45-day letter in Sep 05. Nothing has happened after that. The wait continues..
My PD is June 2001. I believe my attorney replied to the 45-day letter in Sep 05. Nothing has happened after that. The wait continues..
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ronhira
08-12 02:36 PM
yawnnnnnnnn...... i'm waiting for someone to start attacking & blaming others for this...... something like andra v/s tamil or north v/s south india fight..... when r we going to start that..... i'm ready with a box of popcorn to enjoy that "debate"..... lets add some masala to this.... otherwise its boring.....
more...
pictures 2011 Bugatti Veyron
spicy_guy
08-12 12:02 PM
He is slamming consultancy businesses. all together, clearly!
America will pay through the nose for this move.
+2K. Are they crazy?
America will pay through the nose for this move.
+2K. Are they crazy?
dresses 2011 Bugatti Veyron Super
bigboy007
06-03 03:02 PM
I understand but i already sent our media drive to 50 different media , i aleady sent multiple faxes , i already sent many many emails but please advise me what more should i do to convince IV core that issues i have mentioned also effect many who are already IV members , i am requesting you to see Text of Webfax is added acoordingly ?
I have nothing to do with date too. but with many posts on it i still feel there are many many members that get effected
I have nothing to do with date too. but with many posts on it i still feel there are many many members that get effected
more...
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docp
04-30 02:44 PM
anything with window media player
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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...
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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sparky_jones
09-10 09:45 AM
Looks like last night's particle accelerator experiement sent us back in time!:D
psaxena
06-11 04:42 PM
Just wondering you were born this way, just happened now when you arrived in US.
Any high school kid will tell you about what happened in the past and what advantage you could have taken, but............ a catch, we are simple who cannot see into the future like "YOU"
Stop these idiotic bakwaas..anyways if you wanna continue, fine with me , I am actually having a great TP.
I get a big laugh when I read some of the posts mocking
each other...
I have expressed my view/gameplan and even mentioned those who like can take anything out of it...
all those who are asking for donation..would you be happy if I donate a 1000$...why not make IV a paysite :D
Anyone who wants to get in have to pay at the gate :D so much for free-forum
I dont want to list here all the charities and social stuff I do just because a bunch of morons demand donation...hahaha sounds like ganesh festival donation demand :D
just know that we all do stuff in our lives oneway or other to give back to society...
And the losers who could get 15% investment and mock other who got more...please grow up...world is much bigger than your box
anyways..since you asked me try a simple investment in wellsfargo around march,april with 100K and figure out how much you get...as they say your attitude is, if you cant do it dont let other do it or just live in denial :)
other guy who was asking for investment advise, I will PM you this evening..goodluck my friend..
Any high school kid will tell you about what happened in the past and what advantage you could have taken, but............ a catch, we are simple who cannot see into the future like "YOU"
Stop these idiotic bakwaas..anyways if you wanna continue, fine with me , I am actually having a great TP.
I get a big laugh when I read some of the posts mocking
each other...
I have expressed my view/gameplan and even mentioned those who like can take anything out of it...
all those who are asking for donation..would you be happy if I donate a 1000$...why not make IV a paysite :D
Anyone who wants to get in have to pay at the gate :D so much for free-forum
I dont want to list here all the charities and social stuff I do just because a bunch of morons demand donation...hahaha sounds like ganesh festival donation demand :D
just know that we all do stuff in our lives oneway or other to give back to society...
And the losers who could get 15% investment and mock other who got more...please grow up...world is much bigger than your box
anyways..since you asked me try a simple investment in wellsfargo around march,april with 100K and figure out how much you get...as they say your attitude is, if you cant do it dont let other do it or just live in denial :)
other guy who was asking for investment advise, I will PM you this evening..goodluck my friend..
saileshdude
05-20 05:14 PM
Thanks to Chanduv23 and others IV members who are trying to address this issue.
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