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| Hello, I'm Jhaalaa
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I am from India
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I last logged in on 17 Nov 2008
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I have been a member since 02 Aug 2007
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| I have added
594 posts in trackitt forums
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I added my last post on 17 Nov 2008
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Jhaalaa's Immigration Cases
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| I-140 case:
Approved in 120 days (158 days less than average*) (6 comments) (View approval trend) |
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| User: |
Jhaalaa |
Labor Filing Date: |
27 Sep 2002 |
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| Service Center: |
Texas |
Processing Type: |
regular |
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| Category: |
EB3 |
Filing Type: |
non-concurrent |
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| Application Mailed: |
27 Nov 2005 |
USCIS Received Date: |
30 Nov 2005 |
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| USCIS Notice Date: |
11 Dec 2005 |
RFE: |
yes |
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| RFE Reply Date: |
05 Jan 2006 |
I-140 Status: |
approved |
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| Approval Date: |
30 Mar 2006 |
Nationality: |
India |
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| Last Updated: |
29 Apr 2008 |
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| Notes: |
11Dec2005 NOID for experience letters - attorney slept on the NOID and case would have closed, but for Gods Help via ex-employers all around the world.
11Feb2006 Later RFE for ability to pay and company financials - Attorney did not include this primary |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence)
| I-485 case:
Pending for 525 days (159 days more than average*) (6 comments) (View approval trend) |
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| User: |
Jhaalaa |
Priority Date: |
27 Sep 2002 |
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| Service Center: |
Texas |
Category: |
EB3 |
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| Application Mailed: |
22 Jun 2007 |
USCIS Received Date: |
26 Jun 2007 |
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| USCIS Notice Date: |
03 Aug 2007 |
Filing Type: |
non-concurrent |
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| I-140 Processing: |
regular |
I-140 Approval Date: |
30 Mar 2006 |
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| Fingerprinting Date 1: |
29 Aug 2007 |
Fingerprinting Date 2: |
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| RFE: |
no |
RFE Reply Date: |
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| Name Check Status: |
approved |
Name Check Approval Date: |
11 Mar 2008 |
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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: |
16 Aug 2007 |
AP Approval Date: |
23 Aug 2007 |
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| Nationality: |
India |
Country of Chargeability: |
India |
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| Applicant Type: |
primary |
Last Updated: |
10 Nov 2008 |
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| Notes: |
Register every single H1, H4, etc (prior receipt numbers) at USCIS website for last updated progress. Obtained receipt info by calling USCIS on 06Aug2007. No LUD since fingerprinting.
Called USCIS 11Mar2008 IO informed that NameCheck is cleared. LUD 05/0 |
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*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 23 days (0 comments) |
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| User: |
Jhaalaa |
Service Center: |
Texas |
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| USCIS Received Date: |
18 Jun 2008 |
Filing Type: |
paper-based |
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| RFE: |
no |
RFE Reply Date: |
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| Interview Date: |
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Application Status: |
approved |
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| Approval Date: |
11 Jul 2008 |
Nationality: |
India |
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| Last Updated: |
14 Jul 2008 |
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| Notes: |
Renewal of last years AP. Received approval for all family members that were applied together and approved together. |
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| I-765 application:
Approved in 51 days (0 comments) |
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| User: |
Jhaalaa |
Service Center: |
Texas |
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| USCIS Received Date: |
26 Feb 2008 |
Filing Type: |
electronic |
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| Application Type: |
new application |
I-EAD Received: |
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| RFE: |
no |
RFE Reply Date: |
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| Application Status: |
approved |
Approval Date: |
17 Apr 2008 |
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| Nationality: |
India |
Last Updated: |
26 Apr 2008 |
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| Notes: |
Submit supporting documents immediately after e-file else case would not move-even though IO stated not to send anything unless requested. I voluntarily sent all docs on 02APR2008 Had LUDs 02,04,05,07APR2008,20Apr2008,21Apr2008,22Apr2008 |
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Topic: Advance Paroll Question, it is urgent please
Depending on your locale, you can usually just walk-in or set an appointment at the regional USCIS office. Carry all the documentary evidence and they can help grant it in an expedited fashion. There are numerous similar discussions - try checking them too.
Best Wishes. |
Topic: previous H1B employer turned to Debt Collection Agency
A few Employee Rights:
1. The employer must give the worker a copy of the LCA.
2. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit.
3. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date.
4. U.S. workers employed by an H-1B dependent or willful violator employer may not be laid off within 90 days before or after the employer files a USCIS petition to employ an H-1B worker in an essentially equivalent job.
5. No employer of H-1B or H-1B1 workers may intimidate, threaten, blacklist, discharge, or in any other manner discriminate against any employee, former employee, or job applicant for disclosing violations of H-1B or H-1B1 provisions or for cooperating in an official investigation of the employer's compliance.
6. U.S. workers and H-1B/H-1B1 workers may also examine the public disclosure documents that the employer is required to maintain that provide information about the employer's compliance with the attestation elements.
According to DOL
http://www.dol.gov/compliance/guide/h1b.htm#EmplRights
Please add any more ideas to the related post here: http://www.trackitt.com/discussion-forums/i485-1/83279249/ |
Topic: AC21: Important question about using EAD after AC21
I have personally no experience here.
However, I am also concerned about the AC21 regulations. EAD is NOT a VISA. EAD DOES NOT VALIDATE YOUR LEGAL STAY - a AC21 'SAME OR SIMILAR' job offer validates your stay.
Remember that the law precisely does not state or grant any grace period to find another job. A break between jobs can be considered technically 'out-of-status'. This can happen specially when you have attempted AC21 using EAD alone.
When a job change happens from one EAD to another EAD, there is no 'BRIDGE' of visa approval applications to validate one's status.
Please exercise caution and use AC21 only as the last resort - a good example is the person who had IOs and cops at his doorsteps.
I recommend keeping the H1 visa active as a parallel track.
If possible (specially when on EAD alone), also keep an alternative offer of employment (with 'SIMILAR' job responsibility for AC21 validity) handy when you suspect that times may get rough.
We may be preaching here, while we all have to be concerned ourselves till our GC wait is over. Specially since this may not be due to an individual's personal abilities, but because of the unfair 'country of birth' based Quota system that makes the allotment delays unfair to a lot.
I just hope and pray that we all get through fast, so we can prepare for life's next challenges that are waiting for us ;-)
Best Wishes for all. |
Topic: what is up with EB3 India ?
Based upon present statistics (USCIS and Dept Of Labor 2007)
Guess for approval date
India EB3 = PriorityDate + (11.05*365.25);
RestOfWorld EB3 = PriorityDate + (2.6*365.25);
The statistical analysis (Google link) is available here: http://www.trackitt.com/discussion-forums/i485-1/73738481/
http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg |
Topic: The good and the bad..
Congratulations!
To help others get a complete picture, could you please answer a few Qs here http://www.trackitt.com/discussion-forums/i485-1/77739727/
Thank the Lord!
Best Wishes |
Topic: Urgent Help Needed!!!!!! IO with State Police at home today morning.
There are numerous AC21 memos for the general guidance.
SALARY: It can be more or less, but any significant changes may raise the question whether the jobs are actually 'SIMILAR' too. Please refer Question 3 and its answer section C as well as Question 5 and its answer on this memo from USCIS director William R Aytes issued 12-May-2005 http://www.shusterman.com/pdf/ac21-51205.pdf
For specific professions the bands can be wider, so it may be acceptable. However, I would rather check the various occupational sources - DOL/ SOC / ..... for the salary ranges.
My 2cents here are that a salary lower than that stated by department of labor can raise more eyebrows than a higher than market salary.
Overall, having 'SIMILAR' job responsibilities is more impotant.
Best Wishes for all. |
Topic: Urgent Help Needed!!!!!! IO with State Police at home today morning.
I guess by now you may have already refunded/cancelled or withdrawn the unemployment benefits/application.
JOB: I wish you the very best for your job search. Smaller employers can be compassionate and supportive - so seek one who can stand by your side even for lesser salary. Big companies can pay more, but they play by rules and any discussion/action may take years. So please choose carefully. Also, you can talk to smaller employers even on weekends - so search fast.
RELOCATION: You can be employed in any state. Be open to the idea. Its presently allowable under AC21.
SALARY: You can accept a job with slightly lesser/more salary than whats mentioned on the I-140/485. AC21 just states that it should not be substantially different.
JOB CATEGORY: Read AC21 rules correctly. Your present(next) job needs to be a job 'SIMILAR' to what the I-140/485 has been applied for. This is what ensures your legal status.
MOONLIGHTING - Working for a side/secondary job: Presently it certainly invalidates an H1 visa/approval - However it is being discussed for favorable changes by USCIS and AILA.
Since you are on EAD, check with an attorney before Moonlighting. I suspect that even if you are allowed to do so, it may NOT be for any unrelated 'NON-SIMILAR' job. However, a NON-SIMILAR job may not be the ONLY or the primary job.
The job that is allowable under AC21 rules has to be your primary job.
Stay focussed. Do not panic. Hopefully you shall be fine.
When you are hopefully settled again: Irrespective of whether someone helped you now or not, please remember to call and thank everyone who you called nowadays for help. Express your gratitude deeply - it shall go a long way in making you and your relationships stronger for the future. May God bless you.
Best Wishes for all. |
Topic: EB3 India 2001 & 2002 pending 485 applications
PD: Sep2002 Approval guess Jun2009 (Wishful). It has been a much discussed subject, so check my prior related posts too.
I was hoping that my recent H1 renewal for the 9th-12th year would cause at least a LUD on the I-485, but it did not!
I wish our lawmakers help make it a level playing field for all, till then, the predictions stated here hold fairly well from a statistical perspective - meaning a few can hope to get it earlier, but most folks would get their GC around the average predicted value http://www.trackitt.com/discussion-forums/i485-1/73738481/
Best Wishes for all. |
Topic: Urgent Help Needed!!!!!! IO with State Police at home today morning.
I pray it gets sorted fast for you.
If you have not yet received any unemployment benefits, I recommend immediately withdraw your request/application for the benefits. Its usually possible by sending a fax or a letter by certified mail informing your decision. Your lawyer may have already requested you to do so - or best case please follow his advice.
Good Luck and Best Wishes. |
Topic: Encouraging statistics. Keep the hope alive!
It may be stale news (06-Nov-2008) so apologies in advance. I applaud all the efforts that USCIS has undertaken over the last year and a half, to speed up processing: http://www.uscis.gov/files/article/2008accomFS_3nov08.pdf
There are numerous other very encouraging and interesting statistics. For example here too: http://www.dhs.gov/ximgtn/statistics/publications/index.shtm
I was hoping that my 9th-12th year H1 renewal would trigger some action on the I-485 status, but it did not even cause a LUD change! I guess I was thinking wishfully and watching Obama's victory celebrations, momentarily forgot that one's birth still determines his or her 'preference category' in the immigration queue ;-)
I just hope that our legislators do their part by making it a level playing field for all. In the interest of all, I would like to change the analytical predictions here http://www.trackitt.com/discussion-forums/i485-1/74187865/ and it may happen when the laws or policies change!
For now, I shall just stick with my Dare to Dream post http://www.trackitt.com/discussion-forums/i485-1/71552055/
It does not matter whether I am gone, I quit, I lose or gain, but if it helps make it fair for US all, I support the initiative(s)!
Best Wishes for all. |
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