| |
|
| |
| Hello, I'm Magicsword
|
|
I am from Philippines
|
|
I last logged in on 28 Dec 2007
|
|
I have been a member since 24 Oct 2007
|
| I have added
147 posts in trackitt forums
|
|
I added my last post on 28 Dec 2007
|
|
|
|
Magicsword's Immigration Cases
| |
| I-485 case:
Pending for 480 days (122 days more than average*) (0 comments) (View approval trend) |
|
| User: |
Magicsword |
Priority Date: |
31 Jul 2007 |
|
| Service Center: |
Nebraska |
Category: |
EB3 |
|
| Application Mailed: |
30 Jul 2007 |
USCIS Received Date: |
31 Jul 2007 |
|
| USCIS Notice Date: |
06 Sep 2007 |
Filing Type: |
concurrent |
|
| I-140 Processing: |
regular |
I-140 Approval Date: |
|
|
| Fingerprinting Date 1: |
05 Oct 2007 |
Fingerprinting Date 2: |
|
|
| RFE: |
no |
RFE Reply Date: |
|
|
| Name Check Status: |
too early to say |
Name Check Approval/Denial Date: |
N/A |
|
| I-485 Status: |
pending |
Approval/Denial Date: |
N/A |
|
| Card Ordered Date: |
|
Card Received Date: |
|
|
| EAD Applied: |
yes |
AP Applied: |
no |
|
| EAD Approval Date: |
|
AP Approval Date: |
|
|
| Nationality: |
Philippines |
Country of Chargeability: |
- |
|
| Applicant Type: |
|
Last Updated: |
24 Oct 2007 |
|
| Notes: |
|
|
*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence)
| I-765 application:
Approved in 92 days (0 comments) |
|
| User: |
Magicsword |
Service Center: |
Nebraska |
|
| USCIS Received Date: |
06 Sep 2007 |
Filing Type: |
paper-based |
|
| Application Type: |
new application |
I-EAD Received: |
|
|
| RFE: |
no |
RFE Reply Date: |
|
|
| Application Status: |
approved |
Approval Date: |
07 Dec 2007 |
|
| Nationality: |
Philippines |
Last Updated: |
09 Dec 2007 |
|
| Notes: |
|
|
|
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. |
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? |
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. |
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). |
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.... |
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. |
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" |
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. |
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. |
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. |
|
|
