View Full Version : Aging out issues

08-28-2007, 06:17 PM
I have been in the US for 9 years. My family has been with me now for 5 years.

I had to abandon two labor certifications and a wage determination process because of poor market in my field of work (GIS).

I work in a University on a H1-B visa that expires in December 31st 2007. The university applied for my I-140/1-485 in schedule A Exception ability cat. The I-140 was denied. Consequently the I-1485 and the Parole papers for my family got cancelled. One daughter got stranded in India. The other is aging out in April 2008.

Following points need to be adressed in my opinion:
If a I-140 is denied. The I-1485 and its benefits should still be available for at least 2-6 months giving another opportunity to re-apply. This shoudl automatically reopen once an appeal or fresh application is made.

I do not see the wisdom of doing the I-485 process all over agian. This looks to me a big fleece that can be avoided.

Children who have been legally here for at least 5 years or more should be protected if they reach 21 years of age. More often the I-140 denials are a result of an attorney or insufficient documentation or accidental misrepresentations. The children should not be penalized for this.

EB1 exceptional ability categoriy have a unnecessary high bar. A Nurse qualifies in that category if he or she completes a year of work and a passes an exam. But somebody with years of international experience in contrast hits the dust. This should be revised and readdressed.

08-29-2007, 01:50 AM
I understand the pain and anxiety that your family would be going through. There are so many areas where immigration reforms would help us who try to immigrate legally.
Now it is the question of how to eat an elephant. It has to be piece by piece.
First I guess the number one priority is get ourselves heard.
If we could get our voice heard then this momentum would spiral the IV into a position where we would have more say with the lawmakers. This consequently will address numerous other issues along with yours.
Fortunately we as IV have this forum where we can work at grassroots level and start making difference. This can only happen if we contribute and work towards the short term and long term agenda. The legislation fixes that IV is currently requesting are simple.
But unfortunately though tons of people are affected by these archaic laws only few hundreds come forward to do something and worst, there are some who start spreading doubt, worthlessness of these efforts. 1 time doing something out of 100 will produce something but 100 times out of 100 doing nothing results in nothing.
I request you to join us in DC rally and I can assure you it will be worth the effort. At least you have attempted to make a difference. Otherwise let alone we cannot change legislation.
I am sure the momentum will pick up and we will have better immigration laws very soon. I have no doubt why we cannot make a difference. We did made our presence felt. Now we can make ourselves heard.