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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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  #46  
Old 04-01-2009, 11:02 PM
i_aged_out i_aged_out is offline
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Everyone at IV who is interested in this, please post here and lets make a group that will fight for this cause.

Quote:
Originally Posted by validIV View Post
First of all, I am an aged out child. My parents started their GC application in 1996. They got their GC in 2001 August. I was 23.

I heard about the DREAM act in 2002, when we filed my I-130. That was 7 years ago, now its 2009. This act only covers illegal children, so in order for some of the people here who have aged out like me to be covered it needs to be seriously ammended or a new bill needs to be presented.

Since 2002 I watched as this act has been reintroduced year after year after year. I think I gave up on it in 2005. My advice to everyone here is to not get their hopes up. This act has gone nowhere in 7 years.
I understand your frustration. I have been following it since 2006 I think. I believe it will pass this year because it has not gained a lot of support. But this is only true if it is made a stand-alone bill or if it is attached to the Defense/Education bill. There are talks that this bill might get attached to the CIR, which would simply poison it ! Hope that doesn't happen.

Take a look at my post above. I believe we can get around this issue of eligibility. Let me know what you think...



Quote:
This is with regard to GC and h1
I have applied for family based GC above 21 yrs old on December 2006 and also currently holding h1 valid from October 2008. I also have my opt till May. Now since my employer was not able to find me a project he wants me to chg my status. I do not know what to do and how to chg my visa as, if I go on student visa I need to show financial documents and since I have not made any money how is it possible . If you can also suggest some schools who will not charge much or some courses which are not very expensive and time consuming and also where I can get work authorization as I will find jobs which are not technical and in line with my educational and work qualification . I have a deadline this evening as my employer just called me and told me this
nihar, sorry to hear about your situation. The day your H1B got valid (Oct 2008), is the day your OPT becomes invalid unfortunately. So now you are on H1B and that's it. Is your current employer paying you ? You need to be getting payed at all times on H1B. So you can file a complain and make your employer pay you for all the months salary. You can then take these paystubs and transfer your H1B over to a different company. This might be your best option even though it is tough for us Bachelors students to get sponsorship ! You can also convert your H1B to F1, but there is one thing you need to watch out for. Since you have applied for Family Based GC, your I-130 will most likely cause your F1 to get rejected because you will show intent to stay here. I am not any lawyer...this is just from my knowledge base. You must immideately get in touch with an immigration lawyer !

I hope these lawmakers understand what we aged out kids have to go through.

Last edited by i_aged_out; 04-01-2009 at 11:05 PM.
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  #47  
Old 04-02-2009, 11:30 AM
thomachan72 thomachan72 is offline
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Halooooo, we are waiting for more people to join a worthy cause. Remember this is one with a glimer of hope because lot of people are saying the Dream act might pass through.
any immigration related bill favoring solely the legal class meets with oposition primarily from the proponents of CIR (ilegal immigrants) and also from the anti-immigration lobby.
For Dreac act atleast the lobby of the ileal immigrants will support it. If we try to somehow push the clause of legal agedout kids into this bill, I dont think it will be opposed by many specifically.

It will also pull out the children of legal group into a separate group (after 5 years of waiting) and therefore more visa numbers will become available for the adults.
Please keep this thread on top so that it wins support of other IV members too. Hope many join the cause soon and we are able to communicate it to the core for guidance and help.
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  #48  
Old 04-02-2009, 01:05 PM
ganguteli
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Did you post on the other websites asking people to join you on IV to fight this injustice? You can also post on other language sites where immigrants go.
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  #49  
Old 04-02-2009, 01:16 PM
thomachan72 thomachan72 is offline
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Originally Posted by ganguteli View Post
Did you post on the other websites asking people to join you on IV to fight this injustice? You can also post on other language sites where immigrants go.
That is a great idea!! People who are aware of different websites frequented by the EB immigrant community, please post it here so that we can post this issue there.
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  #50  
Old 04-02-2009, 01:46 PM
Pandi Pandi is offline
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Hi all,

Please count me in. I am ready to participate in this effort.

Thanks

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  #51  
Old 04-02-2009, 03:17 PM
Openarms Openarms is offline
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Quote:
Originally Posted by indianabacklog View Post
Just remember those of you with teenage children who have not yet applied for adjustment of status, if nothing changes in the employment based system you too could have an aged out child on your hands in the future.
If children are in "Status of Adjustment(I-485)" there are not effected by this aged out issue. What do they need when they go to college?? appreciate some pointers??

Well I do support for this cause.
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  #52  
Old 04-02-2009, 03:28 PM
indianabacklog indianabacklog is offline
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Quote:
Originally Posted by Openarms View Post
If children are in "Status of Adjustment(I-485)" there are not effected by this aged out issue. What do they need when they go to college?? appreciate some pointers??

Well I do support for this cause.
Not sure what you mean. But here are some comments that I think are on the right track. They of course have to apply in the same way anyone would and have to find a way to pay the tuition fees and board if applicable. It might be more difficult in some locations than others to get in state fees without a green card but you have to work on that matter with the institution in question. One more thing without green card in hand you are not entitled to any federal assistance, student loans etc. Majority of scholarships require green card too.
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  #53  
Old 04-02-2009, 03:49 PM
domainguru domainguru is offline
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Count me in. I am an aged out student as well.
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  #54  
Old 04-02-2009, 04:22 PM
Openarms Openarms is offline
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Quote:
Originally Posted by indianabacklog View Post
They of course have to apply in the same way anyone would and have to find a way to pay the tuition fees and board if applicable. It might be more difficult in some locations than others to get in state fees without a green card but you have to work on that matter with the institution in question. One more thing without green card in hand you are not entitled to any federal assistance, student loans etc. Majority of scholarships require green card too.
So what you are saying is that kids (<21 or >21 years) who are in I-485 status can go to college with the same status....work with institutions if they have any issues .. financial sorta.. but should not be having any legal status issues. understand.

But what is this aged out issue we are talking about here??? I do not understand...any pointers... I am sorry...I do not know full details for this criteria.
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  #55  
Old 04-02-2009, 04:29 PM
indianabacklog indianabacklog is offline
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Quote:
Originally Posted by Openarms View Post
So what you are saying is that kids (<21 or >21 years) who are in I-485 status can go to college with the same status....work with institutions if they have any issues .. financial sorta.. but should not be having any legal status issues. understand.

But what is this aged out issue we are talking about here??? I do not understand...any pointers... I am sorry...I do not know full details for this criteria.

As long as you have legal status then you can go to college whether it be H, L or F visa. This aged out issue as you call it applies to children who have turned 21 before their adjustment of status has been applied for. i.e. if the process from labor cert, through I140 and onto I 1485 applications takes a long enough time they age out of being a dependent for the purposes of immigration. Therefore a child who is came here on H4 for example would have to apply for a student visa and attend full time college so they can stay with their family. If they do not they would have to return to their country of origin.
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  #56  
Old 04-02-2009, 05:03 PM
thomachan72 thomachan72 is offline
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Quote:
Originally Posted by Openarms View Post
So what you are saying is that kids (<21 or >21 years) who are in I-485 status can go to college with the same status....work with institutions if they have any issues .. financial sorta.. but should not be having any legal status issues. understand.

But what is this aged out issue we are talking about here??? I do not understand...any pointers... I am sorry...I do not know full details for this criteria.
Hallo Openarms,
I dont know whether this would be of any better information that you already know but here is my little explanation.
Let us say a kid becomes a beneficiary of a EB green card application at age 14, with a priority date of 2002. The issue arises when the processing takes a long time and during that period the kid exceeds the 21 year age limit (becomes aged out) and therefore can no longer be considered under the same application, even if it is approved. So at 21 years the kid is already going to college in the US and suddenly finds himself/herself out of status. He/she has to convert to an F1/H1b visa to stay in the country and start the green card process all over again by themselves. Because they no longer fall under their parents application.
Now if you look at the priority date of EB3 India it is 2001 and so many of the kids are highly likely to experience this problem, particularly due to increased RFEs or what not delays. For people with EB3 application and PD of 2002/2003, who knows when their chance will come and unfortunately many have kids who are in the narrow age limit.

What we need is either:-
1) Take off completely the clause of "aged out" it is stupid and ridiculous and completely irrational.
2) or Include legal kids who have spent a minimum of 5 years in the US with all the bla bla bla criteria setforth for the ilegal kids, into the Dream Act.
otherwise these kids are really screwed and they need our help.
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  #57  
Old 04-02-2009, 05:10 PM
rego rego is offline
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Default Entering College in AOS Status

Quote:
Originally Posted by Openarms View Post
If children are in "Status of Adjustment(I-485)" there are not effected by this aged out issue. What do they need when they go to college?? appreciate some pointers??

Well I do support for this cause.
One thing that most people here do not understand is that Universities have only two different categories for both admissions and Financial Aid: GC or Citizens get normal treatment. Everyone else, whether they are on AOS or H4 or any other status are considered International Students both in selection process and for Financial Aid. It is very simple - International Students are Not Eligible for Any Financial Aid. They will have to pay Full Fee, which is about 50k/yr in good Universities.

If DREAM Act covers Legal Kids, it will cover those in AOS too, which will enable them to get GC before their parents do and be eligible for selection as a local and for the Financial Aid that locals (GC and Citizens) are eligible.

Getting admission in good Universities is extremely difficult as an International Student as they tend to have a separate quota for international students, even though they refuse to admit publicly that they have such quotas.

I know these because my son went through all this last year.
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  #58  
Old 04-02-2009, 05:16 PM
rameshvaid rameshvaid is offline
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Default It is painful..

[quote=indianabacklog;330731]I am sorry to hear you aged out. I understand more than you think though as I am the parent of a child just like you. We have no idea what road he will be able to take and in which country.

The DREAM act will not cover you. I have checked and double checked the wording on the different versions. You and your family have done things legally and will get nothing from this legislation.
QUOTE]

I had to move my son to Canada, fortunately, We had a PR Card and I could foresee this problem coming. He had lost 2 years of college education and fees because in Canada, they did not give him all the credits he earned here in US. My 2nd son is also getting there and he will be 21 in June 10. I am sure he should be fine as we have filed his I 485. I feel bad about all the kids going through this situation and will send the faxes as suggested today and hope for a positive outcome of this bill..

RV
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  #59  
Old 04-03-2009, 04:53 AM
i_aged_out i_aged_out is offline
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Quote:
Originally Posted by rego View Post
One thing that most people here do not understand is that Universities have only two different categories for both admissions and Financial Aid: GC or Citizens get normal treatment. Everyone else, whether they are on AOS or H4 or any other status are considered International Students both in selection process and for Financial Aid. It is very simple - International Students are Not Eligible for Any Financial Aid. They will have to pay Full Fee, which is about 50k/yr in good Universities.

If DREAM Act covers Legal Kids, it will cover those in AOS too, which will enable them to get GC before their parents do and be eligible for selection as a local and for the Financial Aid that locals (GC and Citizens) are eligible.

Getting admission in good Universities is extremely difficult as an International Student as they tend to have a separate quota for international students, even though they refuse to admit publicly that they have such quotas.

I know these because my son went through all this last year.
Very well explained ! Couldn't have said it any better !
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  #60  
Old 04-03-2009, 09:32 AM
thomachan72 thomachan72 is offline
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[quote=rameshvaid;331864]
Quote:
Originally Posted by indianabacklog View Post
I am sorry to hear you aged out. I understand more than you think though as I am the parent of a child just like you. We have no idea what road he will be able to take and in which country.

The DREAM act will not cover you. I have checked and double checked the wording on the different versions. You and your family have done things legally and will get nothing from this legislation.
QUOTE]

I had to move my son to Canada, fortunately, We had a PR Card and I could foresee this problem coming. He had lost 2 years of college education and fees because in Canada, they did not give him all the credits he earned here in US. My 2nd son is also getting there and he will be 21 in June 10. I am sure he should be fine as we have filed his I 485. I feel bad about all the kids going through this situation and will send the faxes as suggested today and hope for a positive outcome of this bill..

RV
Rameshvaid, you are right the Dream act (as it is now) will not cover the legal kids. However, what we are trying to do is raise awareness and get people to gather together in support for including a provision for the legal kids into the bill as an amendment. It could be anything like "also to include children who are beneficiaries of an EB based GC application and have been waiting for more than 5 years and have fullfilled all requirements that are stated for the illegally present kids to be considered for a GC".
But for that to happen, we need to get enough number of people here (particularly people like you who have experienced/ experiencing this problem) and then as a BIG GROUP take action.

Individually calling/faxing might/might not make any effect as Pappu mentioned.

Please let us first gather more people.

to all who post/visit this thread try to also make small comments (without disturbing the discussion) in other threads too about this issue. Not in genuinely serious issues but threads like "who will be the Next Indian PM, what will be CIR be like, What is May bulletin going to look like" etc. These are threads intended to release pent up frustation and primarily for chatting with other people. We could insert comments about this issue in those very politely (Never be rude!! please).
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