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| Hello, I'm BennyLava
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My nationality is India
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I last logged in 7 hours 51 minutes ago
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I have been a member since 13 May 2008
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| I have added
105 posts in trackitt forums
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I added my last post on 07 Jan 2009
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BennyLava's Immigration Cases
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| I-485 case:
Pending for 518 days (147 days more than average*) (4 comments) (View approval trend) |
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| User: |
BennyLava |
Priority Date: |
26 Jul 2007 |
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| Service Center: |
Nebraska |
Category: |
EB2 |
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| Application Mailed: |
09 Aug 2007 |
USCIS Received Date: |
10 Aug 2007 |
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| USCIS Notice Date: |
23 Sep 2007 |
Filing Type: |
concurrent |
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| I-140 Processing: |
regular |
I-140 Approval Date: |
17 Aug 2008 |
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| Fingerprinting Date 1: |
17 Dec 2007 |
Fingerprinting Date 2: |
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| RFE: |
no |
RFE Reply Date: |
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| Name Check Status: |
not sure |
Name Check Approval/Denial Date: |
N/A |
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| I-485 Status: |
pending |
Approval/Denial Date: |
N/A |
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| Card Ordered Date: |
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Card Received Date: |
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| EAD Applied: |
yes |
AP Applied: |
yes |
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| EAD Approval Date: |
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AP Approval Date: |
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| Nationality: |
India |
Country of Chargeability: |
Australia |
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| Applicant Type: |
primary |
Last Updated: |
08 Dec 2008 |
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| Notes: |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence) |
Topic: Case pre-adjudicated. What does this mean?
Look up cross chargeability, his country of chargeability is Canada. Nationality and country of chargability are two separate things. Just like one can be a a UK citizen but charged to India if one was born in India and took UK citizenship later on. |
Topic: Case pre-adjudicated. What does this mean?
i think its one of those situations where when the iron was hot i.e. when your case was being reviewed, it was all ready for approval except for the name check results, so it was approved/adjudicated pending the receipt of the name check results.
Once the case goes off the desk, the iron gets cold and the case is out of sight and out of mind. I would assume that your case was approved based on your cross chargeability and now its lying somewhere waiting for someone or something to trigger it to be picked up again.
Have you tried asking your lawyer to follow up now that you have this piece of information? |
Topic: Cross-Chargeability
Folks, see this from the visa bulletin
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
See last point 202(e), DOS allows both ways and DOS issues the visa number. |
Topic: Fax copy OK to send?
Make sure its a clear legible fax, ideally if possible you should have your father scan it and send it over to you, and then you can print it out over here. |
Topic: Are approvals slow or are approved folks just not updating their profiles?
I've always wondered:
Do most of the folks who get their GC approvals not return to update their status? Could that be the reason service centers look slow as it is now. |
Topic: Help!!!
They are free to process your case even if your PD is not current, it might get pre-adjudicated and kept on hold until visa availability for your PD. They can deny it if things are not to order, but dont worry, getting an interview is a good sign in relative terms as your case has been touched and it is being processed.
Do you have any reason to worry about your I-485? When was your Notice date? Also, fill in your case details on trackitt, its the one way to get people to help you here on this forum. |
Topic: RFE Undelivered
I think that is normal, the next day LUD is probably when the mailroom picked and delivered the letter to the postal service. Is this your first RFE? I am guessing you saw a hard LUD and email from CRIS when the RFE was sent? |
Topic: Lawyer says I can't retain PD of a substitution case
yes, there is a new law that prevents labor substitution along with the requirement that PERMS expire in 6 months. So each PERM approval must be followed by a petition or it will expire. |
Topic: Oct 2008 official bulletin out
Think of it this way:
1. There were overwhelming complaints about older PDs being left behind while advanced PDs got their GCs
2. The several IOs who work on the cases, basically got handed a bunch of approvable cases, not in order of PD and they worked on whatever was on top of their pile and in most cases, it was the later PD cases
Something had to be done as it is not fair that older PDs are still waiting and later PDs are getting their GCs, no one can argue that so their mode of operation in 2008 came under some severe criticism.
Now in FY2009
1. The PD will determine which cases will go to the IOs so basically all C cases + cases with PDs before the cut off
2. Hence only cases that are older PDs in the case of over subscribed countries and categories and current ROW cases that are Current will be looked at
3. the cut off dates will stay put until all these cases are approved or denied. So people will get their GCs in order of PD and availability until the back log is eliminated.
4. There can be no complaints about fairness because things are being done fairly. If you apply later with a PD before the cut off it will automatically rise to the top and on the IOs table. As IOs will only have cases with visa availability. Processing dates may move forward but it wont matter if your case is not approvable.
Bottom line, things are going to get more predictable going forward at the cost of the chance of being lucky. At more importantly, EB visas are going to be like FB visas, with huge backlogs until something is done about number of available visas. The ball is in the court of the legislators.
The rest of us will just have to get over the initial disappointment and realise that now, when its your turn theoretically based on cut off dates, it will actually be your turn in reality as well. |
Topic: Oct 2008 official bulletin out
I think that the total number of pending, backlogged EB cases with PDs before the cut off date, will be sufficient to use up all the GCs for I & C this year. i.e. there are atleast 25,620 approval cases for I & C with PDs before the cut off date which is the limit prior to fall over unused visa numbers. So, unless their estimates are wrong, something which will be found out as they work on these cases, one can assume that the PD cutoff will stay the same for most of the year for I & C and ROW will move quicker. |
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