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I am from Sweden |
| I last logged in on 04 Mar 2010 |
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I have been a member since 07 Feb 2007
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| I have added
1801 posts in trackitt forums
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I added my last post on 04 Mar 2010
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MrVulcan's Immigration Cases
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| I-485 case:
Approved in 90 days (337 days less than average)
(50 comments)
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| User: |
MrVulcan |
Nationality: |
Sweden |
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| Country of Chargeability: | Sweden | Applicant Type: | primary | | | Service Center: | Texas | Category: | EB2 | | | Priority Date: | 06 Feb 2007 | Application Filed: | 14 Mar 2007 | | | USCIS Received Date: | 15 Mar 2007 | USCIS Notice Date: | 19 Mar 2007 | | | USCIS Receipt Number: | | I-140/485 Filing: | concurrent | | | I-140 Processing Type: | premium | I-140 Approval Date: | 20 Mar 2007 | | | First Fingerprint Date: | 11 Apr 2007 | Second Fingerprint Date: | | | | RFE Received?: | yes | RFE Received Date: | | | | Reason for RFE: | TB skin test. | RFE Replied Date: | 05 Jun 2007 | | | Case Transferred to: | | Transfer Date: | | | | Name Check Status: | not sure | Name Check Approval Date: | | | | I-485 Status: | approved | I-485 Approval/Denial Date: | 12 Jun 2007 | | | Card Production Ordered: | 12 Jun 2007 | Card Received Date: | 18 Jun 2007 | | | EAD Applied?: | no | 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: | 28 days | Total Time to Get GC: | 90 days | | | Most Recent LUD: | 16 Jun 2007 | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
16 Jun 2009 |
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| Notes: |
LUD 485: 3/19, 4/12, 4/26, 4/27, 5/29 (RFE rcvd 6/4 TB skin test), 5/30, 6/8 (USCIS rcvd reply, FedEx said 6/6), 6/10, 6/12 (Card prod ordered), 6/13 (Appr. notice sent), 6/14, 6/15 (card mailed), 6/16 140: 3/24, 4/26, 4/27 |
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| I-140 case:
Approved
(41 comments)
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| User: |
MrVulcan |
Nationality: |
Sweden |
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| Applicant Type: | | Service Center: | Texas | | | Category: | EB2 | Priority Date: | 06 Feb 2007 | | | Application Filed: | | USCIS Received Date: | 15 Mar 2007 | | | USCIS Notice Date: | 19 Mar 2007 | USCIS Receipt Number: | | | | I-140/485 Filing: | concurrent | Processing Type: | premium | | | RFE Received?: | yes | RFE Received Date: | | | | Reason for RFE: | | RFE Replied Date: | 05 Jun 2007 | | | Application Status: | approved | Approval/Denial Date: | 20 Mar 2007 | | | Total Processing Time: | days | Most Recent LUD: | | | | Days Elapsed: | | |
| Case Added to Tracker: |
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Last Updated: |
18 Jun 2007 |
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| Notes: |
LUD 485: 3/19, 4/12, 4/26, 4/27, 5/29 (RFE rcvd 6/4 TB skin test), 5/30, 6/8 (USCIS rcvd reply, FedEx said 6/6), 6/10, 6/12 (Card prod ordered), 6/13 (Appr. notice sent), 6/14, 6/15 (card mailed), 6/16 140: 3/24, 4/26, 4/27 |
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| Chicago PERM case:
Approved in 3 days (80 days less than average)
(12 comments)
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| User: |
MrVulcan |
Nationality: |
Sweden |
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| PERM Filed (Priority Date): | 06 Feb 2007 | Category: | EB2 | | | Audit Received?: | no | Audit Received Date: | | | | Reason for Audit: | | Audit Replied Date: | | | | Application Status: | approved | Approval/Denial Date: | 09 Feb 2007 | | | Total Processing Time: | 3 days | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
14 Feb 2007 |
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| Notes: |
MS or BS + 5 |
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| MrVulcan's Posts |
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Topic: Worries begin after EB1A approval, need help
Basically to get a visa stamp you need to go to a US consulate/embassy abroad. You will provide them with a set of forms, photos, your current I-797 for your O visa, passport, birthcertificate etc. They will take the documents including your passport, make a decision, and then send you your passport back to you with the visas stamp if approved. This process can take anything from a day to several months depending on workload of the embassy, background checks performed, postal service etc.
But dealing with your situation is not a do-it-yourself task, so please consult an immigration lawyer to get the advise you need. Just filing I-485 and claiming ignorance is not a solution. They may not find your status violation but even if you are approved, they have at least five years to find out and revoke your GC if approved incorrectly. If they find out about the status violation, claiming ignorance of the rules or saying you did not violate the rules on purpose as suggested by others does not work! Others have tried and been denied!
So contact a lawyer and ask at least the following questions:
- Did you violate the status of your O visa by starting your own company and accepting income from it?
- Did you accrue any unlawful presence?
If the answer is no to both the above questions you have no issues and can file I-485 by yourself, but otherwise you need to ask:
- How can the issue(s) above be overcome before filing I-485? (245(k)?) Is consular processing a better option? Other options?
- If you need to leave the country and get a visas stamp to utilize 245(k) (which I think you do) what is the process and the risks?
- If your visa stamp application (if needed) is denied, what possibilities do you have to get back to the US? | |  |  |
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Topic: Worries begin after EB1A approval, need help
Simply being out of status (by accepting unauthorized employment for example) does not void the visa or the petition it is based on. It does not create a bar to re-enter the US either. Once you re-enter using the visa any out of status period is cleared and can not be used against you when your I-485 is adjudicated.
NOTE though:
1) Entering using AP does not clear any out of status period. You have to be admitted using a visa, being paroled into the US does not count.
2) Periods of unlawful presence are not cleared by re-entering, and they will prohibit your I-485 from being approved, even if you are incorrectly admitted when you are subject to a re-entry bar. The only way to make a re-entry bar go away is to stay out of the US for the 3 or 10 years or have an application for a hardship waiver approved. (Unlawful presence is accrued when you stay after the date of your I-94 or after USCIS has made a decision that your presence is unlawful. If your I-94 has not expired and the USCIS has not told you otherwise, being out of status does not accrue unlawful presence unless your I-94 says D/S. ) | | | |
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Topic: Worries begin after EB1A approval, need help
sangiano seems to have the facts straight. I would strongly advise you to follow his suggestion to talk to an experienced lawyer though. I see one caveat in your situation: If you don't have a O visa stamp you need to get one at an embassy/consulate abroad. This can take time and most of all one of the questions you will be asked is if you have violated any conditions of a previous visa. Answering yes may or may not prevent you from getting the visa stamp, answering the question in a way that is not true could make you inadmissable if discovered and could cause your I-485 to be denied. | | | |
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Topic: Travel to UK and Europe - I485 pending status
It is probably easier to get a UK and Schengen visa with a GC, but you are not prevented from applying when AOS is pending. You most likely will be treated as any other Indian citizen who is not living in the US even if the AP/H1B may make things easier. Remember that the UK requires a different (additional) visa then the countries in the so called Schengen area (most of EU with a few exceptions like the UK). Apply for visas before making non refundable reservations as your UK and/or Schengen visa may be denied regardless if you have GC or not as it is up to the respective embassy to decide.
Comming back to the US you will need a valid AP or a valid Visa of course. | | | |
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Topic: Question about Pay Stubs
Thanks. A few of you have adviced me to get letters from my past employers stating working period (start date - end date), job title etc. They seem to be very similar to what I already have as "experience letters" that I had submitted during I-140. Will those be sufficient or are new ones necessary?
Experience letters is all you would need from past employers, especially if they are not in the US. | | | |
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Topic: Question about Pay Stubs
1. No problem. They don't ask for foreign paystubs.
2. No problem. | | | |
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Topic: Full Time Job
AC-21 (American Competivness in the 21st Century Act) is a law that gives you the right to change jobs to a similar position after your I-140 is approved and your i-485 has been pending for 180 days or more. You don't have to invoke it any more than you have to write a letter to the police invoking your right to drive after you get your DL. But just as you may need to show your DL to the police if pulled over, you may need to show the USCIS that you have a job in same or similar position as your LC was filed for if asked in an RFE. You do that by providing an Employment Verification Letter together with a cover letter from you stating you are exercising your AC-21 rights. The EVL is all your employer needs to do, as the cover letter comes from you (or your lawyer).
Some people proactivly sends a letter with an attached EVL before USCIS sends a RFE. There is no guarantee the USCIS will not loose this letter in the mailroom as it will not have a tracking barcode, and you may still get an RFE, but it may be a good idea to do if you think your current employer may try to withdraw the I-140. In that situation it may be good if the USCIS has a letter from you with a new EVL. | | | |
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Topic: $83 MILLION Megamillions Jackpot perdictions Feb 23 2010
If anyone of you start asking questions about EB5 I know you won ...... | | | |
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Topic: Full Time Job
Nothing more than issuing you an Employment Verification Letter. (Stating you are working for them in a permanent position, and what your salary and duties are.) And of course like all employers with all employees have you fill out a I-9. | | | |
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Topic: Help!!!!!!!!!!
Even though Kaisersose is making fun of the situation, it can be potentially serious. As far as I understand it she has been admitted in B1 status. They didn't take her GC though and that is a good sign. I would spend the money to ask the lawyers on lawbench if there is something you need to do to avoid issues in the future.
I have travelled to Canada twice recently with my wife by car and neigther the Candians nor the US immigration even lloked at our passports and we didn't get any stamps. Our GC:s was all they bottered to look at. | | | |
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Topic: H1 extension after 6 years based on I-140 form
Yes you need all the docs you need for a "normal" extension after 3 years + the I-140 approval. | | | |
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Topic: visitor with steroid medication
Common medications together with a doctors note should be no issue.
I would never put medication in checked bags, especially not insulin, because:
- Checked bags sometimes get lost or delayed, and I don't want to loose medication I am dependent on.
- The cargo space in the aircraft can sometimes be very cold and sometimes very warm which can destroy sensitive medication.
- The temperature can also vary when the bagage is handled on the tarmac and in the terminal building especially when traveling to, from, thru places like India, KL, Singapore, Miami, phoenix etc.
Always carry all your medication in the carry on [together with a set of clean underwear in case you need to unexpectidly spend the night in in a hotel due to delays or cancellations etc]. | | | |
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Topic: H1 extension after 6 years based on I-140 form
I don't understand your question exactly, but as a basic rule: Only give the lawyer copies unless originals are specifically requested and required, and ask the lawyer for copies of everything he sends to or receives from the USCIS. | | | |
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Topic: Layoff after GC approval...please help
I agree with MrGc. You can take any job you wand and are qualified for, and you can apply for unemployment benefits just like any other LPR or USC would.
Neither you nor your employer knew that you were going to be laid off at this time when the GC was approved, so your intent is pure and there will be no issues due to this at naturalization. | | | |
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Topic: I-94 expired (pending I-485 EB3 + valid EAD and AP)
The latest issued I-94 is the only valid one. Hence the I-94 you got when you entered using AP in Jan 2009 is no longer valid. It is replaced by the I-94 you got when the H1B extension was approved in July 2009 (or actually from its validity date of Oct 04 2009). That I-94 is valid until Oct 03 2012 (unless you travel agai and get a new I-94) so there are no worries. | | | |
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Topic: Questions about EB-2/Master's Degree
empee,
We are talking about two different things. The requirement for EB2 is Bachelor + 5 or Masters. The USCIS will not ask why you are sponsoring someone fresh out of school and neither will DOL since that is the rule.
Now, this can be different during the PERM recruitment process. If you are looking for a Software Engineer with a Masters degree and the job does not require experience you will probably get many US applicants in todays market and the PERM process will fail. If you can motivate why the job requires a MS in CS + 2 years experience it is much more likely there will be no US applicants. Now if you would look for a rare education or one that is very high in demand (as MS in CS was not long ago) MS in the required field by itself would be enough to limit the number of applicants during the PERM process.
[Suggesting ways not required by the job position to limit the number of US applicants during the PERM process was what got Fragomen into big trouble as lawyers are prohibited from doing so. As you and I are not lawyers we can ....] | | | |
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Topic: Questions about EB-2/Master's Degree
1. The job you are applying for should clearly state that it can only be done by someone with Bachelors+5 years of experience OR Masters+2 years of experience
Incorrect. EB2 requires Bachelors degree + 5 years experience OR a Masters degree. No experience is required after the masters degree. In some cases the job/employer requires experience, but it is NOT a requirment from USCIS.
http://www.uscis.gov/portal/site/uscis/menuitem... | | | |
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Topic: Can you work for two employers if you have green card?
You have had your GC for well over a year so you are more than safe to leave your employer if you wish. You are also free to work for any number of employers in any legal profession, and you can also chose not to work at all. As far as immigration goes you are a free man.
Keep in mind though that you may have signed contracts with your current employer prohibiting you from having a side job. And even if you haven't they could fire you if they feel there is a conflict of interest. | | | |
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Topic: No waiting lounge section!
I have no idea since I don't dye my hair, but you sure win the price for "Post most off topic". It would be nice to have the waiting lounge back though! | | | |
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