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I am from Philippines |
| I last logged in on 28 Dec 2007 |
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I have been a member since 24 Oct 2007
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| I have added
145 posts in trackitt forums
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I added my last post on 28 Dec 2007
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Magicsword's Immigration Cases
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| I-485 case:
Pending for 963 days (536 days more than average)
(0 comments)
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| User: |
Magicsword |
Nationality: |
Philippines |
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| Country of Chargeability: | Unknown | Applicant Type: | | | | Service Center: | Nebraska | Category: | EB3 | | | Priority Date: | 31 Jul 2007 | Application Filed: | 30 Jul 2007 | | | USCIS Received Date: | 31 Jul 2007 | USCIS Notice Date: | 06 Sep 2007 | | | USCIS Receipt Number: | | I-140/485 Filing: | concurrent | | | I-140 Processing Type: | regular | I-140 Approval Date: | | | | First Fingerprint Date: | 05 Oct 2007 | Second Fingerprint Date: | | | | RFE Received?: | no | RFE Received Date: | | | | Reason for RFE: | | RFE Replied Date: | | | | Case Transferred to: | | Transfer Date: | | | | Name Check Status: | too early to say | Name Check Approval Date: | | | | I-485 Status: | pending | I-485 Approval/Denial Date: | | | | Card Production Ordered: | | Card Received Date: | | | | EAD Applied?: | yes | AP Applied?: | no | | | EAD Approval Date: | | AP Approval Date: | | | | EAD Received: | | AP Received: | | | | Time to Get EAD Approval: | | Time to Get AP Approval: | | | | Time to Get Fingerprinting Done: | 67 days | Total Time to Get GC: | | | | Most Recent LUD: | | Days Elapsed: | 935 days | | |
| Case Added to Tracker: |
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Last Updated: |
24 Oct 2007 |
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| Notes: |
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| I-765 (EAD) case:
Approved
(0 comments)
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| User: |
Magicsword |
Nationality: |
Philippines |
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| Application Type: | new application | Service Center: | Nebraska | | | Filing Method: | paper-based | Application Filed: | | | | USCIS Received Date: | 06 Sep 2007 | USCIS Notice Date: | | | | USCIS Receipt Number: | | RFE Received?: | no | | | RFE Received Date: | | Reason for RFE: | | | | RFE Replied Date: | | Application Status: | approved | | | Approval/Denial Date: | 07 Dec 2007 | Card Production Ordered: | | | | EAD Received: | | Total Processing Time: | days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
09 Dec 2007 |
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| Notes: |
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| Magicsword's Posts |
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Topic: EB3- You may get good NEWS in two weeks From Now
Something is wrong in your post.
Spouse and kids of a GC holder will get from the EB pot if the relationship was acquired BEFORE the grant of GC (e.g. got married before grant of GC, child was born before grant of GC). They can apply even after the grant of GC and the visa number will still come from the EB pot.
Spouse of a GC holder will get from FB pot if the relationship was acquired AFTER the grant of GC (e.g. got married after the grant of GC).
Child of a GC holder if born OUTSIDE the US and AFTER the grant of the GC will get from FB pot. This seldom happens as most of the time, child of GC holders are born in the US to acquire instant US citizenship. | |  |  |
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Topic: Medicals - if more than 1 year - will it need to be re-done?
If we sent Medicals with our initial application last July and then it's more than one year (let's say it's already 2009), will USCIS ask us to repeat our Medical before GC is issued to us? | | | |
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Topic: I 485 approval for my spouse
In some cases, your additional evidence will get lost in USCIS mailroom because there wasn't RFE raised for that yet. USCIS do not encourage people to submit additional evidence if RFE is not yet raised.
The only additional evidence that should/would get to the file is the AC21 letter. Even some, get lost. | | | |
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Topic: AC21 - Quick Reference !!
Issue being discussed: Approved I-140 is withdrawn after 180 days of I-485 filing.
2 scenarios:
1. Beneficiary sent USCIS an AC21 letter stating that s/he's invoking AC21 and a new contract of permanent employment with same/similar occupation.
USCIS action:
Possibly, your letter may get lost in the mailroom as USCIS usually does not accept additional evidence if RFE is not raised (i.e. there is no bar code in your letter for easy reference). In this case, upon review of the withdrawal of I-140, NOID will be issued.
In most cases, your letter will end up with your application and USCIS files it. IO handling the case review the case if AC21 applies and if the new employment is of same/similar occupation. If not satisfied, RFE is issued.
2. Beneficiary did not send an AC21 letter.
USCIS Action:
Upon review of the withdrawal of I-140, NOID will be issued. In some cases, IOs who are not familiar with AC21, will just send you a "Denied" letter.
Let's discuss withdrawal of I-140. When an employer withdraws I-140, it will cost some money. There are only 2 reasons I can see why an employer will spend money to withdraw I140. (1) Employer was really upset and wanted to get back at you. (2) Employer needs to withdraw your I-140 because s/he's filing for new I-140s for other beneficiaries and too many I-140 could hurt the employer's ability-to-pay and too many I-140 could also raise suspicion by USCIS which can trigger investigation. So employer is forced to withdraw I-140s of those who left (ported). | | | |
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Topic: soft LUD 12/27/2007 What does it mean?
It could mean anything...your priority date is not current, is it? I got LUD for my I-140 and I-485 last Dec. 12 but nothing happens afterwards...
it could also mean somebody is already touching your case and you will hear something from USCIS soon.... | | | |
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Topic: AOS Interview Help!
It is definitely beneficial though not mandatory. From what I know, you will be asked by the IO to sign a "waiver" if you don't bring a lawyer.
If you're confident you can handle it yourself and your knowledge of immigration law (and of your rights) is sufficient enough, you can go without a lawyer.
If I were you, I would go with a lawyer. The lawyer can readily answer some questions that is related to your rights or immigration law like AC21, suspicion of fraud, etc. | | | |
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Topic: Does H4 need a new Social Security Number after getting EAD
She will ge the old number and yes, it will be replaced with "Not valid without DHS work authorization" | | | |
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Topic: Shed some insights regarding future employment for GC
Yes, the employer has to pay you the offered salary and you must work for them full-time. Whatever you want to do on your freetime does not matter anymore. You can work for another if you want. | | | |
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Topic: Becoming a US Citizen
First, you have to work for your employer for atleast 90 to 180 days. And then, you can apply for re-entry permit.
I'm not a lawyer, consult a lawyer for this. | | | |
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Topic: AC21 - Quick Reference !!
Another thing to consider:
Employer who filed too many I-140s could face some problems with USCIS regarding its ability to pay. USCIS is known for lumping all I-140 applications from same employer and gauge according to its current financial status if it has ability to pay all the pending applications.
Therefore, to prevent such thing from happening, the employer might be forced to withdraw some applications specially of those who already left the company even if the I-140 is already approved. That is to prove its ability to pay.
If the employer did not withdraw some applications, then another trouble. Many, if not all, of its I-140 applications maybe denied due to (in) ability to pay.
When approved I-140 is withdrawn after I-485 is pending for 180 days, USCIS will send the beneficiary a NOID.
With the current retrogression, we can see many of these happenings and invoking AC21 is really a tough and risky choice. | | | |
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Topic: IT WORKS!!!
In 4 to 5 days, you should receive "Approval Notice Sent" status and the 2 to 3 days after, expect something in your mailbox. | | | |
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Topic: EAD delayed 16 months
Goodluck, buddy! Background check is usually delayed if USCIS, on its own, seeks police clearance or any clearances from your home country and your home country is not yet responding. | | | |
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Topic: RFE on EAD?... Need Some Suggestions Please...
It depends on the type of RFE. There are 2 types of RFE. RFE for Initial Evidence and RFE for Additional Evidence.
For Initial Evidence, the clock resets to zeo (0).
For Additional Evidence, the clock stops from the time RFE was issued and then, will continue to tick once the evidence is received. | | | |
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Topic: Beware: AC-21 used and I-485 denial cos old employer revoked I-140.
I-140 approval; if more than a year has passed since said approval it is very hard for original petitioning employer to revoke! Many lawyers look on an I-140 approved more than a year belongs to 485 applicant. I have seen these cases come up, 6 in fact where the original employer tried to revoke I-140 and they could not do it as it was over a year old.
Thing here is we didn't know when did the employer revoked the I-140. We know that USCIS, most often than not, will act on this after several months or sometimes a year.
For example, if the employer revoked the I-140 on Sep. 06, it doesn't mean that USCIS will act on it immediately. It could take months or years before it does. The guy told in his post that he joined new company in May 07 but what matter is, when did he leave the original petitioner?
By the way, don't be misled by I-140 being approved after a year because AC21 is about I-485 being already 180 day old.
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I am also not a lawyer...you know what I mean. | | | |
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Topic: Beware: AC-21 used and I-485 denial cos old employer revoked I-140.
Problem with AC21 is that employers can circumvent this rule by many ways.
If the employer admits to "fraud" in filing your I-140, then even if you got an approved I-140 or GC, it will be revoked and your GC will be rescinded. It doesn't matter even if you filed AC21 or followed all the rules.
The trick with AC21 is that make sure your original petitioner will not get angry with you. Remember that the original employer has many ways in his arsenal to revoke the I-140 and thereby, affecting your GC process. | | | |
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Topic: RE ABOUT USCIS WEBSITE
USCIS announced that it will be out until Dec. 24. | | | |
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Topic: I-485 applied Update on the USCIS web site --Dont Know??
Interview is jsut to verify certain things and it is usually not a bad thing. It means that USCIS is ready to approve your case but has to verify with you some few things. Once the verification is done, if PD is current, you will get your GC stamp on your passport and GC card production will be ordered. If PD is not current, IO will tell you that you will hear from them when your PD is current. It means that you're already "pre-adjudicated or pre-approved".
Goodluck! | | | |
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Topic: EAD renewal
Schedule an infopass and request to expedite your EAD. | | | |
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Topic: AC21 - Quick Reference !!
Nothing changes in terms of RD, ND, PD, and your original petitioner is still your I-140 petitioner. The only thing that changes when you file for AC21 is the employer. | | | |
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