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| Hello, I'm Limbo
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I am from Canada
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I last logged in on 18 Oct 2008
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I have been a member since 27 Jul 2007
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| I have added
82 posts in trackitt forums
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I added my last post on 21 Jun 2008
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Limbo's Immigration Cases
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| I-140 case:
Approved in 284 days (9 days more than average*) (13 comments) (View approval trend) |
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| User: |
Limbo |
Labor Filing Date: |
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| Service Center: |
Texas |
Processing Type: |
regular |
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| Category: |
EB3 |
Filing Type: |
concurrent |
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| Application Mailed: |
18 Jul 2007 |
USCIS Received Date: |
19 Jul 2007 |
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| USCIS Notice Date: |
11 Sep 2007 |
RFE: |
no |
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| RFE Reply Date: |
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I-140 Status: |
approved |
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| Approval Date: |
28 Apr 2008 |
Nationality: |
Canada |
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| Last Updated: |
28 Apr 2008 |
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| Notes: |
Approved at last! LUD 1/24,1/ 25,1/28. Hard LUD 4/28/2008 with approval. Schedule A Nurse. No L.C. required. |
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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 492 days (134 days more than average*) (16 comments) (View approval trend) |
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| User: |
Limbo |
Priority Date: |
19 Jul 2007 |
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| Service Center: |
Texas |
Category: |
EB3 |
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| Application Mailed: |
18 Jul 2007 |
USCIS Received Date: |
19 Jul 2007 |
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| USCIS Notice Date: |
11 Sep 2007 |
Filing Type: |
concurrent |
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| I-140 Processing: |
regular |
I-140 Approval Date: |
28 Apr 2008 |
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| Fingerprinting Date 1: |
04 Oct 2007 |
Fingerprinting Date 2: |
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| RFE: |
no |
RFE Reply Date: |
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| Name Check Status: |
too early to say |
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: |
26 Sep 2007 |
AP Approval Date: |
03 Oct 2007 |
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| Nationality: |
Canada |
Country of Chargeability: |
Canada |
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| Applicant Type: |
primary |
Last Updated: |
07 Nov 2008 |
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| Notes: |
Schedule A Nurse. No L.C. required. |
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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: Visa Bulletin Clarification By CIS
Fivestar,
That is interesting. Doesn't give you confidence though when USCIS says stuff like "Applications and petitions for immigration benefits in March 2008 decreased 24 percent compared to the number received in March 2008."
Can't they even get their years right? Doesn't anyone proofread this stuff?
If the overall rate of denial is about 10% for all applications for immigration benefits, then the denial rate overall for I-485s must be less than 10%.
There are really only a few reasons they can deny your I-485. Criminal record, communicable disease like AIDS or TB, inability to support yourself or your dependents, having been out of status for >180 days, working without authorization and lastly, lying on any of your paperwork related to your application. I can't see any of these issues being a problem for very many of us
I'm just going to assume the author of the article meant not-approvable as opposed to denied. |
Topic: Visa Bulletin Clarification By CIS
Yes, I think you are right, but why would Mr. Gotcher, who says he is an immigration attorney, use such language as this:, "He said that the CIS asked for substantially larger allocations each month due to anticipated higher denial rates. The historic AOS denial rate is approximately 22%. Based on their review of pending cases, the CIS said that they believed that their denial rate would be approximately 50%."
Anyone in the biz should know that denial means just that. It did seem like later he was switching to "not approvable", as opposed to denied.
Seems like some lawyers who do mostly consular processing like to discourage AOS, and perhaps for good reason, as many may try to do AOS from a tourist visa, which is a really bad idea. |
Topic: Visa Bulletin Clarification By CIS
OK, how lovely. They predicted that 50% of AOS cases would be denied. Isn't that just great. We might as well go to Vegas as the odds are not much worse there.
On another cheerful note, I read this at www.immiinfo.com
"For this reason (discretion on the part of I.O.s for such things as intent), on a per capita basis, denials of adjustment of status applications were about fifteen times greater than denials of consular immigrant visas during fiscal year 1998. For the first three quarters of fiscal year 1999, the number of per capita denials has grown to twenty five times greater."
I wonder if it is too late to switch to consular processing!! Sounds like consular processing leaves the I.O.s ZERO discretion.
After thinking about it though, something doesn't add up. Why are they so few denied AOS cases recorded here at Trackitt? Not only are denials in the trackitt database rare, they are almost always the result of the underlying I-140 being denied.
Anybody here able to make any sense of this seemingly conflicting information?
Also, if your AOS is tubed because of some bogus discretionary call of an IO, could you apply for consular processing based on your approved I-140 once you get back to your home country? |
Topic: July Bulletin out - Mumbai Consulate
EB3 ROW gets screwed over as usual :-( |
Topic: painful situation
faama,
Aren't you EB2 ROW? That category is almost always current. In hind sight I'm sure you realize now that this was a big mistake, since you would not have had to wait long to find out if you would get a GC, especially if your I-140 was already approved. Your attorney sounds optimistic, so I hope things work out for you.
"I am a self petitioner, my POE was Abbotsford, about an hour east of VAncouver."
I have used that crossing many times (I think it is called the Sumas crossing). One time I was in fear for my safety as the IO was placing his hand on his gun while he was acting very agitated and accusing me of everything under the sun (with zero proof). His partner came over and did the same trick with his gun. Luckily the supervisor became involved and let me cross when he realized my paperwork was in order. After that time, I stopped using that crossing, and used what they call the "truck crossing" which is a little further west. They were always friendly there. If I ever used the sumas crossing again, I'm sure I would have been so nervous they would have arrested me for looking "guilty" as my guts would have been tied in knots and I would have been covered in sweat. Just thinking about trying to go through that P.O.E. with an AP has my stomach churning. |
Topic: painful situation
actually she went to the canadian side to ask them to revoke our Canadian PR too,since we were "playing' games with 2 countries as she put it, but they (canada) wouldnt revoke the PR, so in all ,seemed like she abused her power, took our car keys off, we explained all the reasons, stranded with kids at the border for 5 hrs,.... and I had a head scarve on (am a muslim) . She treated us bad even with kids there.
This is outrageous behavior and an abuse of power. She is trying to enforce Canadian immigration law also? What an abusive JERK. I agree with those stating that you need to talk to an experienced immigration attorney in the U.S. Many unusual situations that come up, possibly including yours, are poorly defined in the law. A good lawyer will find a way to correct this situation if at all possible. To me it seems reasonable to try to get Canadian permanent residency as a backup since there is absolutely no guarantees when you apply for PR in the U.S., and the process takes forever. Sounds like the timing just sucked. The good news is Canada is not a bad place to live, so at least you have Canadian PR.
Personally, I would never re-enter the U.S. at a land crossing. Since I have had a pending 485, I always fly back into the U.S. as the I.O.s at the airport tend to be much more reasonable and knowledgeable. Some of my worst experiences (even though I was always 100% legal) were at the border crossings into Washington state, especially Blaine Wa.
Best of luck. I hope things work out for you. |
Topic: Will a change in govt make any difference
It is likely that the Dems will have a big majority in congress. President is up for grabs. Obama has a lot of baggage and doesn't do well in swing states. McCain is an uninspiring old geezer.
You see, it is not that simple as to which party is better for EB immigration as both parties have constituents on both side of the issue. Democrats have liberals that are pro immigration because they like diversity, and they think most new immigrants will vote Democrat, but they also have protectionists, especially in blue collar unions that think that immigrants take jobs and hold down wages. Republicans have the business lobby which loves EB immigration as a way to get good quality employees, and keep wages down, but the Republicans also have rednecks and bigots who don't like immigration.
For illegal immigration, the Dems are obviously more in favor of amnesty, though some pro business republicans would be happy with it to. The Hispanics in congress may agree to immigration reform if they get amnesty for illegals, and this is much more likely if the Democrats are in power, although Reagan did an amnesty and he was a Republican, and Bush was also in favor of it with CIR.
It's a crap shoot. We'll just have to wait and see what happens. One thing's for sure, it can be any worse than the current deadlocked congress. |
Topic: What happens at the end when your 485 gets expired and you loose job.
Also can I renew my 485 when I have no job?
Any help???
You don't renew an i-485. If your 485 has been pending > 180 days, you can get a new job using your EAD and invoke AC21.
Why sit around unemployed? Just get a new job (has to be the same or similar to the job your i-140 was based on) if they lay you off. |
Topic: End of Concurrent filing proposed
Oh, I forgot, we are talking about USCIS ....
That seems to be the solution to all their "problems" (i.e., things that make more work for them), just get rid of things that are a benefit to immigrants to the point where the system just becomes an utter misery for legal EB immigrants
Now if they really wanted to avoid things like the July VB fiasco, they could do something like getting rid of the whole idea of intent. That way, people working or going to school in this country wouldn't have to wait to be current to apply without fear of losing their non-immigrant status.
If they close the door to people with non immigrant status, then we are left with H1 only as a path to immigration. This has become a severe bottleneck, both because it is hard to get one, and because it is hard to get a LC now. Then if you lose your job while your I-140 is pending (and i-140s can take years to process for some people), again big trouble.
I hope I.V. plans to raise hell about this proposal. |
Topic: End of Concurrent filing proposed
I don't know if this has already been posted here at trackitt, but it appears the rumors that USCIS wants to get rid of concurrent filing are true.
http://www.murthy.com/news/n_endcon.html
So instead of reforming the system to make it easier for immigrants, they are doing just the reverse. They are changing the rules to make things easier for themselves.
Anyone in the U.S. on a non-immigrant visa can forget about filing for an AOS, unless HR 5882 gets passed. |
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