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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #61  
Old 09-16-2009, 01:11 PM
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Originally Posted by natrajs View Post
Folks

Thanks for clearing the air

I am not here to argue or misguide any one,

when my wife ( H4) went to school paid out of state fee in NJ.

All i am saying is it may be unique to every state, so make sure to check with college admission office.
Again misguidance!!

You (and your dependants) can freakin DEMAND instate if you are working and paying taxes in that very state.

Otherwise a US Citizen, living in Colorado would still pay OUTSTATE in case his son/daughter studied in Ohio. Its not subject to college laws. Nobody has extra stash of cash or some cash cow to give out out-state tuition.
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  #62  
Old 09-16-2009, 01:16 PM
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And if you worked in NJ, and still paid your wife's(H4, and not F1) tuition to NJ college as outstate, then you were conned.

I mean, seriously !
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  #63  
Old 09-16-2009, 01:20 PM
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Originally Posted by Sachin_Stock View Post
Again misguidance!!

You (and your dependants) can freakin DEMAND instate if you are working and paying taxes in that very state.

Otherwise a US Citizen, living in Colorado would still pay OUTSTATE in case his son/daughter studied in Ohio. Its not subject to college laws. Nobody has extra stash of cash or some cash cow to give out out-state tuition.
Calm down, James Bond

My wife studied on out-of-state tuition (on H-4 and later on F-1) and so did my friend's wife. And these were two different universities in the same metro area. Me and my friend freakin' demanded in-state but these universities slapped their rules and regulations in our face! I went all the way up the food chain to protest but hey rules were rules

So, this is a university dependant thing; please don't generalize.
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  #64  
Old 09-16-2009, 01:27 PM
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Smile In State or Out State - It depends

There is a lot of confusion here.

Let me clarify, since I have been there and done this analysis....my wife is doing her Nursing program from a community college in MI, so I know these details for a fact.

The rule of in-state vs out-state tution is depended on the school. So each school is different and their rules are different, so you need to check with the schools Immigration department to find the eligibility details.

When I was in NJ, I remember that if you are a resident of NJ for a year, all the schools will consider you as a resident and will only charge in-state tution, while in the case of Michigan....esp Michigan State University, my wife was asked to pay OUT-state tution, since she does not have a GC.....So we resorted to start her Nursing program at a local community college, which considered her with in-state tuition. My wife was considered International student in MSU, while at the community college, even though she was considered International, but due to our residency in Michigan area, she was allowed In-State.

However, the rule for children is a little different. Most schools do consider children for in-state tution, if you have lived in that State for a period of time....for example MSU would give instate to my children, but not to my wife...isn't it ridiculous....I argued with the procter for a while and he said this was rule established 50 years ago and they have not changed it.

Additionally, I did not change status of my wife to F1...but she continued to be on H4 and studied...these are acceptable within the USCIS rules.....

So to address your question, here are things you should do....recommendations:

1) Target to send your children to the colleges in the State of your residence
2) Call different schools in your state and talk to the Immigration office and see if you qualify for In-State tutition....also check local community colleges
3) If the colleges in your area do not give In-State and if your GC could come within 1-2 years or so ( i know that is optimistic ... ), then see if you can get your child admitted into a local community college....it is very cheap...then after 2 years transfer his credits into a good school in your state, hope your GC has come and to qualify for in-state in that school
4) If you have the GC...you could still use the community college route to save some precious $$$.....you child will get the degree from the better school, after the 4 years

Hope this helps.....PM me if you need more information
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Last edited by FinalGC; 09-16-2009 at 01:32 PM.
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  #65  
Old 09-16-2009, 06:28 PM
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Default College Admission and Status

Thanks for the revert Natraj...my son is on AOS, has a EAD, Social Security number...I do not unerstand why a International Student?

Appreciate inputs from someone in similar situation.

Thanks
VSach



Quote:
Originally Posted by natrajs View Post
Thank Q Vsach, My Kids are in Elementary school and they born here.

I believe your children will be treated as international students/out of state , There are few states will have exemptions, I would recommend you to give a call to the school admission office to get the clarifications, I know it is very painful to pay out of state fee.

In the private schools it doesn't matter, you always pay higher fees

Good Luck.
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  #66  
Old 09-16-2009, 07:14 PM
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Damn, my PD is jan 27th 05.... so frustrating
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  #67  
Old 09-16-2009, 07:19 PM
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Arrow Keep your fingers crossed...

It should not be too long I guess.

Best of Luck!!!
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  #68  
Old 09-16-2009, 07:31 PM
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Originally Posted by Vsach View Post
Thanks for the revert Natraj...my son is on AOS, has a EAD, Social Security number...I do not unerstand why a International Student?

Appreciate inputs from someone in similar situation.

Thanks
VSach
I wonder why Desis become so chicken-hearted!!! Its not really a nerve-wrecking situation you know!?

He definitely qualifies for in-state tuition. Only if you residence and taxation state is same as the college.
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  #69  
Old 09-17-2009, 01:53 AM
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Originally Posted by Sachin_Stock View Post
Again misguidance!!

You (and your dependants) can freakin DEMAND instate if you are working and paying taxes in that very state.

Otherwise a US Citizen, living in Colorado would still pay OUTSTATE in case his son/daughter studied in Ohio. Its not subject to college laws. Nobody has extra stash of cash or some cash cow to give out out-state tuition.
Do you know for sure all states allow the instate for not permanent residents ?
It is not fair, but some states funded colleges charge out-of-state tution for immigrants living in that state if they are not GC holders, no matter however long you might have been living and paying taxes.

Last edited by dontcareanymore; 09-17-2009 at 01:57 AM.
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  #70  
Old 09-17-2009, 02:12 AM
mps mps is offline
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Default New Jersey

Had a bad experience with NJIT few years ago.

I had been paying NJ state tax for almost four years before I joined Masters program at this institute. To beging with NJIT denied in-state tuition on the grounds that I was on H1B (not a permanent resident ot Citizen). I asked for a review of this policy which resulted in a request from NJIT to submit all my past tax filings for their review.

Guess what! After taking their own sweet time - my request was turned down by some Jackass administrator. I was so annoyed that I pulled out from program after completing two courses, never went back to this college and took my business ( of paying tuitioin in return for a degree) somewhere else.
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  #71  
Old 09-17-2009, 10:05 AM
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Priority Date
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Dec-05
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I140 Mailed Date
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Smile

Quote:
Originally Posted by Vsach View Post
Thanks for the revert Natraj...my son is on AOS, has a EAD, Social Security number...I do not unerstand why a International Student?

Appreciate inputs from someone in similar situation.

Thanks
VSach
It is either International or Green Card holder.....AOS/EAD/SSN....all still make him a International student.....as i said earlier...call the schools immigration office and see what they categorize him as......Most likely as a International candidate
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Did not apply for EAD and AP
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  #72  
Old 09-18-2009, 01:45 AM
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Default CPO e-mail received!

Received CPO e-mail today for self/ wife today at 5PM AZ time!

It may not seem so by my PD, but it was a long time coming! Came to USA in Jan 1996! I went into research initially, and did not apply for GC at that time - because I thought it was not fair when I did not want to continue in research! I was naive and did not understand the process at all! Besides, I felt I would be exploited by my boss who was a foul-mouthed tyrant!

Anyway, could not apply during residency - not allowed! Then, not allowed to do so during first 3 years of waiver-job!

The first time I faced the vagaries of life in the US was after 9/11 - a Federal Program for J-1 waiver was abruptly cancelled after they gave me a waiver case number in Feb 2002! That led to having to wait for 8 months, when my status was legal - but could not work at all! Burnt through our savings, and lucky to have good credit - so able to survive on credit cards/ selling car, etc!

Had I been able to join my waiver job in-time - I would have beaten the retrogression and would have made home sooner!

Missed July 2007 filing because I was waiting for my PERM at a new job, and my lawyer advised me to play absolutely straight! Cost $20K to switch to new job - but had to do it for family! Anyway, my previous employer was not keen to write a letter just for the heck of it - I would not have ever gone back to them anyway!

I was fortunate to be a lot more active with IV in the initial days! Waldenpond, logiclife, berkeleybee, and several others - it was great to be able to contribute with you guys at that time! I happened to be the lucky conduit for IV's initial legislative efforts - the credit was all due to several members of the Core group, especially Waldenpond & logiclife!

pappu, and others seem to be carrying it very well! Paskal is doing a tremendous job amongst my colleagues!

The last 3 years have been very difficult, especially hardest have been the last month or so! It is the uncertainty and the unfairness of the process that is unbearable!

But, I can finally say with confidence - there is a light at the end of the tunnel! God Bless you all! Wish you all the best!
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  #73  
Old 09-18-2009, 05:35 AM
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Priority Date
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Dec-07
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I140 Mailed Date
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11/30/2007
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India
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Default

Quote:
Originally Posted by Vsach View Post
Thanks for the revert Natraj...my son is on AOS, has a EAD, Social Security number...I do not unerstand why a International Student?

Appreciate inputs from someone in similar situation.

Thanks
VSach
Unless your son has his white colored green card in hand, he is not a permanent resident. If you claim he is, the University will ask him to produce his card.

Whether or not he would need to pay in-state or out-of-state tuition is a different matter.
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  #74  
Old 09-18-2009, 02:09 PM
Member
Priority Date
:
Jan-05
Category
:
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I140 Mailed Date
:
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Default

Shouldn't the discussion on in-state vs out of state belong to a different thread? Not being a jerk, just think you'll get more people participating in that discussion if it its own topic and will leave this topic clean.
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  #75  
Old 09-20-2009, 06:05 PM
Senior Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
09/18/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 583
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Arrow Congratulations!

Honestly, my heart goes out for you and all the deserving legal immigrant community, for what we have to go through in this unjust and unfair System.

We'll overcome soon.

Best of Luck!

Quote:
Originally Posted by MerciesOfInjustices View Post
Received CPO e-mail today for self/ wife today at 5PM AZ time!

It may not seem so by my PD, but it was a long time coming! Came to USA in Jan 1996! I went into research initially, and did not apply for GC at that time - because I thought it was not fair when I did not want to continue in research! I was naive and did not understand the process at all! Besides, I felt I would be exploited by my boss who was a foul-mouthed tyrant!

Anyway, could not apply during residency - not allowed! Then, not allowed to do so during first 3 years of waiver-job!

The first time I faced the vagaries of life in the US was after 9/11 - a Federal Program for J-1 waiver was abruptly cancelled after they gave me a waiver case number in Feb 2002! That led to having to wait for 8 months, when my status was legal - but could not work at all! Burnt through our savings, and lucky to have good credit - so able to survive on credit cards/ selling car, etc!

Had I been able to join my waiver job in-time - I would have beaten the retrogression and would have made home sooner!

Missed July 2007 filing because I was waiting for my PERM at a new job, and my lawyer advised me to play absolutely straight! Cost $20K to switch to new job - but had to do it for family! Anyway, my previous employer was not keen to write a letter just for the heck of it - I would not have ever gone back to them anyway!

I was fortunate to be a lot more active with IV in the initial days! Waldenpond, logiclife, berkeleybee, and several others - it was great to be able to contribute with you guys at that time! I happened to be the lucky conduit for IV's initial legislative efforts - the credit was all due to several members of the Core group, especially Waldenpond & logiclife!

pappu, and others seem to be carrying it very well! Paskal is doing a tremendous job amongst my colleagues!

The last 3 years have been very difficult, especially hardest have been the last month or so! It is the uncertainty and the unfairness of the process that is unbearable!

But, I can finally say with confidence - there is a light at the end of the tunnel! God Bless you all! Wish you all the best!
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