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Member Profile: H82W84VR (100 posts)
 
Hello, I'm H82W84VR
I am from Canada
I last logged in on 14 Nov 2008
I have been a member since 18 Jul 2007
I have added 100 posts in trackitt forums
I added my last post on 17 Jun 2008
A few words about me 
Patience is divine......indifinite waiting is hell.....
H82W84VR's Immigration Cases
 
I-140 case: Approved in 88 days (190 days less than average*)  (0 comments)  (View approval trend)
User: H82W84VR Labor Filing Date: 13 Jan 2004
Service Center: Nebraska Processing Type: regular
Category: EB3 Filing Type: non-concurrent
Application Mailed: 15 Feb 2006 USCIS Received Date: 16 Feb 2006
USCIS Notice Date: 23 Feb 2006 RFE: no
RFE Reply Date: I-140 Status: approved
Approval Date: 15 May 2006 Nationality: Canada
Last Updated: 09 Jul 2008
Notes:

*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence)
I-485 case: Approved in 485 days (119 days more than average*)  (4 comments)  (View approval trend)
User: H82W84VR Priority Date: 13 Jan 2004
Service Center: Nebraska Category: EB3
Application Mailed: 30 Jun 2007 USCIS Received Date: 02 Jul 2007
USCIS Notice Date: 04 Aug 2007 Filing Type: non-concurrent
I-140 Processing: regular I-140 Approval Date: 15 May 2006
Fingerprinting Date 1: 30 Aug 2007 Fingerprinting Date 2:
RFE: no RFE Reply Date:
Name Check Status: approved Name Check Approval Date: 29 Oct 2008
I-485 Status: approved Approval Date: 29 Oct 2008
Card Ordered Date: 29 Oct 2008 Card Received Date: 07 Nov 2008
EAD Applied: yes AP Applied: yes
EAD Approval Date: 20 Sep 2007 AP Approval Date: 31 Oct 2007
Nationality: Canada Country of Chargeability: Egypt
Applicant Type: primary Last Updated: 11 Nov 2008
Notes: 6 years from initial advertising for labor certification in 2003 to Green Card....

*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence)
I-131 application: Approved in 80 days  (0 comments
User: H82W84VR Service Center: Nebraska
USCIS Received Date: 10 Jun 2008 Filing Type: paper-based
RFE: no RFE Reply Date:
Interview Date: Application Status: approved
Approval Date: 29 Aug 2008 Nationality: Canada
Last Updated: 01 Sep 2008
Notes: Renewal


I-131 application: Approved in 128 days  (0 comments
User: H82W84VR Service Center: Nebraska
USCIS Received Date: 02 Jul 2007 Filing Type: paper-based
RFE: no RFE Reply Date:
Interview Date: Application Status: approved
Approval Date: 07 Nov 2007 Nationality: Canada
Last Updated: 09 Jul 2008
Notes: My first AP


I-765 application: Approved in 28 days  (0 comments
User: H82W84VR Service Center: Nebraska
USCIS Received Date: 10 Jun 2008 Filing Type: paper-based
Application Type: renewal I-EAD Received:
RFE: no RFE Reply Date:
Application Status: approved Approval Date: 08 Jul 2008
Nationality: Canada Last Updated: 08 Jul 2008
Notes: Approval in less than one month!


I-765 application: Approved in 84 days  (0 comments
User: H82W84VR Service Center: Nebraska
USCIS Received Date: 02 Jul 2007 Filing Type: paper-based
Application Type: new application I-EAD Received: 30 Sep 2007
RFE: no RFE Reply Date:
Application Status: approved Approval Date: 24 Sep 2007
Nationality: Canada Last Updated: 09 Jul 2008
Notes: My first EAD - Filed during the July 2007 Fiasco


DBEC case: Certified in 738 days (657 days less than average*)  (0 comments)  (View approval trend)
User: H82W84VR Priority Date: 13 Jan 2004
DOL Receipt Date: 13 Jan 2004 45-Day Letter Received: 04 Apr 2005
45-Day Letter Replied: 20 Apr 2005 Transferred From: Chicago DOL
Category: EB3-RIR Case Number:
Status: certified Certification Date: 20 Jan 2006
Nationality: Canada Last Updated: 09 Jul 2008
Notes:

*This is the average approval time in the last one year.
H-1B case: Approved in 7 days  (0 comments)  (View approval trend)
User: H82W84VR Service Center: California
Category: H-1B extension USCIS Received Date: 11 Mar 2008
Receipt Number: WAC- RFE: no
RFE Reply Date: Processing Type: premium
Status: approved Approval Date: 18 Mar 2008
Nationality: Canada Last Updated: 09 Jul 2008
Notes: Three years extrension (Year 7-9)


H-1B case: Approved in 7 days  (0 comments)  (View approval trend)
User: H82W84VR Service Center: Nebraska
Category: H-1B extension USCIS Received Date: 13 Jul 2005
Receipt Number: LIN- RFE: no
RFE Reply Date: Processing Type: premium
Status: approved Approval Date: 20 Jul 2005
Nationality: Canada Last Updated: 09 Jul 2008
Notes: Three years extension (Year 4-6)


H-1B case: Approved in 12 days  (0 comments)  (View approval trend)
User: H82W84VR Service Center: Nebraska
Category: New H-1B USCIS Received Date: 25 Jul 2002
Receipt Number: LIN- RFE: no
RFE Reply Date: Processing Type: premium
Status: approved Approval Date: 06 Aug 2002
Nationality: Canada Last Updated: 09 Jul 2008
Notes: First three years (Year 1-3)

H82W84VR's Recent Posts

(Show all posts)
Posted in I-485 Forum on 17 Jun 2008
Topic: SWEETPEA WOULD LIKE TO THANK THE MOST AMAZING KIND FAMILY OF TRACKITT TO THESE PEOPLE ESPECIALLY

A hearty congratulation to you Sweetpea for your green card approval. May your life be always happy and prosperous.
H82W84VR

-------------------------------------------------
Posted in I-485 Forum on 08 Apr 2008
Topic: EB3-ROW NSC Approvals Projection
Sweetpea,
You are definitely part of the ROW category and given the fact that you are a May filer, your application will be processed very soon. The only delaying factor may be associated with potential invocation of AC21 due to change of employer.
On the positive side, your turn, as evident by the NSC EB3-ROW trend, is definitely now and for all practical purposes USCIS may approve your application within couple weeks if not days..
Best wishes.....and welcome to this thread..
----------------------------------------------------
Posted in I-485 Forum on 10 Jun 2008
Topic: EB3-ROW NSC Approvals Projection

luish73,

It was a true pleasure having you in this thread and in the Trackitt forum in general....

We hope one day to cross path again.........May be in the "Where is my N-400" forum :-).....

Sincerely,

Hate to Wait for Ever (H82W84VR)
Posted in I-485 Forum on 10 Jun 2008
Topic: EB3-ROW NSC Approvals Projection

Here is my reflection on today's July 08 Visa Bulletin, which made the entire EB-3 category unavailable until end of this fiscal year.

In DECEMBER 07 VB ---- EB3-ROW CUT OFF DATE was SEPTEMBER 1, 2002
...The Department of State explained the slow movement as follows
...........Employment Preferences - Worldwide and Philippines:
...........Third: Slow forward movement should be possible while demand patterns are established.


In FEBRUARY 08 VB ---- EB3-ROW CUT OFF DATE was NOVEMBER 1, 2002
.................(2 months movement)......

By MARCH 08 VB ---- EB3-ROW CUT OFF DATE leaped by 27 months to JANUARY 1, 2005
...The Department of State explained the jump as follows
........D. EMPLOYMENT VISA AVAILABILITY
........The cut-off date movement for March in several Employment categories has been greater than
........those experienced in recent months. Advancement of the cut-off dates at this time should prevent
........a situation later in the fiscal year where there are large amounts of numbers available but not
........enough time to use them. If the expected increase in CIS number use materializes, future cut-off
........date movements could slow or stop.

By MAY 08 VB ---- EB3-ROW CUT OFF DATE further leaped by additional 14 months to MARCH 1, 2006
...The Department of State explained the jump as follows but also added a caution statement
........E. EMPLOYMENT VISA AVAILABILITY
........Many of the Employment cut-off dates have continued to advance more rapidly than might
........ordinarily be expected. This is a result of consultations with U.S. Citizenship and
........Immigration Services (USCIS) regarding their pending demand, which is currently
........using approximately 90% of all Employment numbers. USCIS has indicated that they
........would prefer to review a substantial number of cases at this time to ensure that number
........use in the various categories can be maximized. Should USCIS projections of
........the resulting number use prove to be incorrect it may be necessary to adjust the cut-off
........dates during the final quarter of FY-2008.

By JUNE 08 VB ---- EB3-ROW CUT OFF DATE stayed the same at MARCH 1, 2006
...However the Department of State added the following ominous warning
........E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
........Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of
........status cases, is expected to bring the Employment Third preference category very close to the
........annual numerical limit in June. As a result, this category is likely to experience retrogressions or
........visa unavailability beginning in July. Such action would only be temporary, however, and a
........complete recovery of the cut-off dates would occur for October, the first month of the new
........fiscal year.

The question is why did the Department of State advance the cut-off dates for EB3-ROW (and Philippines for that matter) from November 2002 to March 2006 (three and half years!!)? thus exhausting all visas, instead of orderly progessing cut-off dates of which older priority dates become available for adjucation before newer priority dates.

The answer lies within how USCIS adjucates applications. Let me explain using this example:

The following string represents applications ordered by RD/ND with Priority (year) indicated as a single digit:

|MAY07|..2..3..2...2....|JUNE07|..5...5...5...5..4..3.|JULY 07|...6...5...5....4..5...6....2....

Since USICS physically stacks applications in boxes (or on shelves), it is in their best interest not to keep going back and forth in these massive boxes to pick up the "current" PD applications. As a matter of fact, it will be much simpler if all PDs were current thus allowing them to adjucate applications based on the successive order of these boxes.

Here is what I am guessing have had happened. USCIS requested that DoS make EB3-ROW current by as much as three and half years thus simplifying their task of adjucating these boxes. This also may explain why they marched through MAY07 applications, followed by JUNE07 applications until they exhausted all visas.

I am also guessing that DoS was quite aware of this scheme and happily cooperated in this "scam" possibly as an apology for their fiasco VB that caused USCIS to deal with flood of applications in July07 and to allow USCIS to make some money from all those expected EADs/APs renewals...

If this theory holds water (ok, may be the part minus the DoS feel of guilt) then October VB will witness restoration of EB3-ROW cut-off date probably as forward as Late 2006. Then will start the process again....and again....and again....

Happy VB everyone........With the suspension of EB3-ROW processing, this message formally concludes this thread.....Wish you all the best......
Posted in I-485 Forum on 09 Jun 2008
Topic: It's too good!!!!! EB3 ROW approved this morning

Congratulation BrazilianCtzen.......Enjoy your vacation and green horizons......
Posted in I-485 Forum on 07 Jun 2008
Topic: EB3-ROW NSC Approvals Projection

Following is the latest statistics for I-485 cases as of June 7th, 2008 for

Employment Based Third Preference (EB-3) - Rest of the World&Philippines - Nebraska Service Center (NSC) with Current Priority Date (PD) as per the Department of State (DOS) June 08 Visa Bulletin (VB)

(Data sample has been cleanesed of all missing info, non current PD, incosistent data, non approved I-140)

Notice Date---------Pending------Approved----------Total-----% Approved

< May 2007--------4--------------47-------------------51-------92%
May 2007-----------7-------------45-------------------52--------87%
June 2007---------19-------------54-------------------73--------74%
July 2007----------52-------------62------------------114-------54%
>July 2007-------137--------------9------------------146--------6%

Total-------------219------------217------------------436-------50%

Commentary:

As mentioned in my previous posts, USCIS seems to be utilizing Notice Dates (ND) for applications processing. NDs are usually within one week of Receipt Date (RD) except during the initial rush of applications in June 2007 which caused ND to vary by as much as one month from RD, then during the big mad rush of July 2007 which caused ND to vary by up to three months.

If you are one of the lucky ones with ND prior to July 2007, congratulation on being most likely approved by now (statistics indicates that four out of every five were approved).

If you happen to be with a ND of July 2007 and not approved as of yet (i.e. good chunk of June applications RD), hold tight your turn is next and most likely the approval will occur during the month of June 2008 especially if you received a Request for Evidence (RFE) or recent Last Update Date (LUD) on your file (statistics indicates that one out of every two was approved).

For the lucky bunch with ND post July 2007 (Almost all RD with July 02 and onward )....Keep an eye for the July 08 Visa Bulletin....If the Department of State (DoS) retrogresses EB-3 then depending on your Priority Date (PD) you may have a chance. If DoS makes all EB-3 unavailable for this fiscal year then wait untill October 2008 for the first mass approval.

Happy June 7th (or rather June 8th by the time this message is posted) everyone....
Posted in I-485 Forum on 03 Jun 2008
Topic: EB3-ROW NSC Approvals Projection

Congratulations chenyehtang......All the best with your well earned freedom card.....

H82W84VR
Posted in I-485 Forum on 31 May 2008
Topic: EB3-ROW NSC Approvals Projection

ROWEB32004,

The prediction was infered from the DoS June 08 Visa Bulletin Section E.

During the month of May, USCIS approved few EB3-ROW cases, which is a good indication that Visas are still available.
However, July 08 VB, will definitely confirm if EB-3 has already been exhausted for this fiscal year or not.

http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html

E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year
Posted in I-485 Forum on 31 May 2008
Topic: EB3-ROW NSC Approvals Projection

Hi anneap,

The rule was mentioned in the DoS April 08 Visa Bulletin in section D.

http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html


D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

Section 202(a)(5) of the Immigration and Nationality Act 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” limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
Posted in I-485 Forum on 31 May 2008
Topic: EB3-ROW NSC Approvals Projection

Hi Salman,

Your case is similar to another case of which I commented on earlier in the thread,

A pending I-140 somewhat complicates the overall projection due to the dependancy of I-485 on having an approved I-140; therefore, applications with pending I-140 are automatically excluded from this analysis.

Although your ND is in October 2007, I think if your I-140 is approved no later than September 2008, your chances of receiving the I-485 approval during the first/second quarter of the next fiscal year will be improved significantly.

Wish you all the best with your pending I-140 and I-485......
Posted in I-485 Forum on 30 May 2008
Topic: EB3-ROW NSC Approvals Projection

Hi gsa76,

For all practical purposes, June may only witness approvals for those filers with recent RFEs and/or LUDs. This will most likely be in favor of several cases like yours.

As you know, the Department of State (DoS), the issuer of visa bulletin, provides cut-off (i.e. go/nogo) dates for PD by different categories. However the USCIS may not process adjucation applications in time; thus wasting a valuable opportunity for applicants with current PD, or worse over process applications by RD/ND, thus exhausting available visas for applicants with older PD but more recent RD/ND.

Moreover, DoS handles overseas immigration applications; therefore, it retains portion of available visas to overseas applicants, which would probably be no more than 10-15% for EB-3 category.

To complicate the annual maximum of 140,000, the legislator created an upper limit for each employment category and a not to exceed limit by country compounded with a not to exceed limit by quarter. All these complications within DoS create out of sync pattern with USCIS of which visas are current but no one is issued a visa!!

Now comes the trickling down added bonus. During the fourth quarter of the fiscal year, excess visas from EB4 (Religious workers) and EB5 (Investors) are shifted up to EB1. In turn, excess visas from EB1 shift down to EB2, which in a normal year its excesses will then shift down to EB3. This year, the DoS/USCIS brains decided, by fiat, that all excess EB2 visas will shift to Retrogressed countries within the EB2 category. Since India/China will most likely consume all EB2 excesses due to their huge backlog, EB3 for the first time may not benefit from the trickling down bonus visas.

In all cases, next fiscal year will provide a fresh batch of EB-3 visas (approx. 10,000 per quarter or around 200 approvals for Trackitt based on the assumption that Trackitt EB-3 cases represent 2% of the actual Universe). Obviously, actual approvals will vary depending on each case and total demand, which includes visas issued to dependants.

All the best to your case.......

H82W84VR