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I am from Philippines |
| I last logged in on 29 Sep 2008 |
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I have been a member since 05 Feb 2008
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| I have added
90 posts in trackitt forums
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I added my last post on 29 Sep 2008
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advinm41's Immigration Cases
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| I-485 case:
Approved in 198 days (228 days less than average)
(1 comment)
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| User: |
advinm41 |
Nationality: |
Philippines |
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| Country of Chargeability: | Philippines | Applicant Type: | primary | | | Service Center: | Texas | Category: | EB2-NIW | | | Priority Date: | 13 Oct 2006 | Application Filed: | 23 Jan 2008 | | | USCIS Received Date: | 11 Feb 2008 | USCIS Notice Date: | 13 Feb 2008 | | | USCIS Receipt Number: | | I-140/485 Filing: | non-concurrent | | | I-140 Processing Type: | regular | I-140 Approval Date: | 14 Dec 2007 | | | First Fingerprint Date: | 15 Mar 2008 | Second Fingerprint Date: | | | | RFE Received?: | yes | RFE Received Date: | | | | Reason for RFE: | | RFE Replied Date: | 29 Jul 2008 | | | Case Transferred to: | | Transfer Date: | | | | Name Check Status: | not sure | Name Check Approval Date: | | | | I-485 Status: | approved | I-485 Approval/Denial Date: | 08 Aug 2008 | | | Card Production Ordered: | 08 Aug 2008 | Card Received Date: | | | | EAD Applied?: | yes | AP Applied?: | yes | | | EAD Approval Date: | 21 May 2008 | AP Approval Date: | 29 May 2008 | | | EAD Received: | | AP Received: | | | | Time to Get EAD Approval: | 119 days | Time to Get AP Approval: | 127 days | | | Time to Get Fingerprinting Done: | 52 days | Total Time to Get GC: | 198 days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
08 Aug 2008 |
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| Notes: |
RFE for both me and my spouse requesting original I-693 medical exam as they claim that we sent photocopies and there was no original I-693 with initial filing |
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| I-485 case:
Approved in 198 days (228 days less than average)
(0 comments)
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| User: |
advinm41 |
Nationality: |
Philippines |
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| Country of Chargeability: | Ukraine | Applicant Type: | dependent | | | Service Center: | Texas | Category: | EB2-NIW | | | Priority Date: | 13 Oct 2006 | Application Filed: | 23 Jan 2008 | | | USCIS Received Date: | 11 Feb 2008 | USCIS Notice Date: | 13 Feb 2008 | | | USCIS Receipt Number: | | I-140/485 Filing: | non-concurrent | | | I-140 Processing Type: | regular | I-140 Approval Date: | 14 Dec 2007 | | | First Fingerprint Date: | 14 Mar 2008 | Second Fingerprint Date: | | | | RFE Received?: | yes | RFE Received Date: | | | | Reason for RFE: | | RFE Replied Date: | 29 Jul 2008 | | | Case Transferred to: | | Transfer Date: | | | | Name Check Status: | not sure | Name Check Approval Date: | | | | I-485 Status: | approved | I-485 Approval/Denial Date: | 08 Aug 2008 | | | Card Production Ordered: | 08 Aug 2008 | Card Received Date: | | | | EAD Applied?: | yes | AP Applied?: | yes | | | EAD Approval Date: | 21 May 2008 | AP Approval Date: | 29 May 2008 | | | EAD Received: | | AP Received: | | | | Time to Get EAD Approval: | 119 days | Time to Get AP Approval: | 127 days | | | Time to Get Fingerprinting Done: | 51 days | Total Time to Get GC: | 198 days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
08 Aug 2008 |
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| Notes: |
RFE for both me and my spouse requesting original I-693 medical exam as they claim that we sent photocopies and there was no original I-693 with initial filing |
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| advinm41's Posts |
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Topic: Bailout bill fails; Dow plunges
Happy that bill did not pass!!!!! I would gladly take current losses in my portfolio and more just to watch greedy banks crush and burn. It never felt so good to be responsible borrower and taxpayer as today seeing that at least someone protecting average taxpayer interest.
Despite all the doom and gloom look at the following brighter scenario even without bailout:
1. There will be signiifcant consolidation in the banking industry over next couple of years so that the will be only few big banks standing and may be couple of small ones. Fed will be working hard all this time saving banks one by one from bankruptcy and helping to find the ways to facilitate the consolidation like it did with Wachovia and Citibank.
2. Financial industry will become highly regulated by government. It is good thing, is not it? There will less opportunity for crooks to take advantage.
3. Once consolidation occurs these banks will start lending and giving credit again because they will be too huge to fail, highly regulated by Fed and they will have so few competitors that they don't have to resort to risky loans in order to grow their business to outpace their rivals.
4. People will continue to default on their houses and lose them and that is OK despite what everyone says. Who said that American dream is supposed to be easy even for Americans? Why everyone in senate talks about helping to keep people in their houses? Why this should be a goal? I live in the apartment and content with it so far. The bright side of losing house is like you've got rid off big burden and it will help those people to spend more money on other purchases including discretionary and thus drive the economic expansion.
For those who don't have house all this mess will make housing more affordable.
5. Many companies will continue to do well and grow even with credit crunch - the companies with strong cash flow who don't even need credit as their business expansion finance completely from their cash flow.
6. And all of you will still have their jobs (except may be those in financial industry).
6. And taxpayer money will hopefully find better use than trying to resolve something that has been long overdue to happen. | |  |  |
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Topic: I ve sent my 485 package to TSC, but the USPS status is- Notice Left- does anybody faced that before
Two possible scenarios based on inf:
1. You have sent you package via Express mail that requires signature on delivery to PO Box, which is why it was not delivered as there no one to sign at PO Box.
2. You sent it to the correct address made for Courier Delivery (4141 St. Augistine Rd) but obviously on Saturday there was no one there to sign. The problem here is that as of May 2008 USPS no longer automatically re-delivers Express mail items not delivered on previous day (as oppose to other couriers Fedex, UPS). They just leave a notice and the recipient would have to arrange for re-delivery by calling to local USPS office where package is. This is obviously problematic in this case as USCIS may not call for redelivery. If it is not done you will get you package back after five business days like they said.
The correct way to do it would be on Express mailing label there is box "Do not deliver on Saturday' which you have to check off to prevent Saturday attempted delivery. I am not sure if you did this.
One other solution is to try to re-arrange for redelivery yourself. The problem is USPS does not allow anyone else except recipient to arrange for re-delivery but you can give it a shot and pretend USCIS mailroom employee (I hope you don't have heavy foreign accent to get them suspicious) and call to local post office that has you item. You can find out which office it is based on zip code of delivery and when you call they ask for item number - it is the same as tracking number (I've done this before). | | | |
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Topic: 485 approved after applying for H1/H4 extensions :) :( Please Help!!
USCIS will simply deny your H-1 extension as they will see that you are green card holder and they will send you denial notice where it will state that you are denied because your record shows that your permanent residency is approved.
The other option is to have your employer withdraw your H-1 extension.
Either way: withdrawing pending H-1 extension or waiting until they will send you denial notice is OK - it won't affect you green card in any way. | | | |
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Topic: 08-08-08 - Any approvals today?
I just got greened up today. Aparently triple 888 is my lucky number | | | |
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Topic: I've just heard from my usually quiet friend - CRIS!!!!
Received two CPO emails for me and my spouse at 1 pm!!! Was a bit nervous past week as I responded to RFE on July 29 and was anxiously waiting. Good luck to all trackitters and I hope you all will get green sooner than you think. Triple 888 works for me. | | | |
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Topic: I-485 RFE - Officer Number
TSC - EB2 - ROW - XM0436 - July 29, 2008 - Pending.
RFE: "We found four copies of your I-693 medical exam but we did not receive your original form I-693 with your application. Please submit original completed I-693 form.
Kind of stupid RFE because my doc says that she, of course, put original I-693 form in the envelope with 3 copies. Anyway doc filled out again new original form (new edition I-693) and I replied on July, 29 2008. | | | |
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Topic: J-1 visa advisory opinion question
If you have reason to worry, perhaps it's best that you don't request an advisory opinion. Chances of getting an RFE are unknown, but it's not 100% and it's not 0%, so hopefully it will turn out ok.
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It is always good practice to ask for J-1 advisory opinion from DOS even if one is sure that HRR does not apply. Because if one gets RFE about applicability of HRR, J-1 advisory opinion about being not subject is the the bulletproof evidence for USCIS to approve your case as it is DOS that makes final determination whether HRR applies no matter what visa stamp or DS-2019/IAP-66 says and USCIS usually follows what DOS says. I always attached a copy of my advisory opinion past few years for different petitions: to switch from J-1 to H-1b initially, H-1b extensions, and AOS - never had any RFE or questions asked. Better ask early so one can still have time for waiver if unfavorable.
It is useful to know for you guys that USCIS makes their own determination about 2 year HRR though. However when USCIS officer thinks that one is subject to HRR and issues RFE for applicant, but applicant has advisory opinion it is advisory opinion that rules. But these situations of one agency thinking one way and DOS saying the other way are extremely rare as one is either subject or not and mostly issues arise when there are old programs for which IAP-66 is either unclear or not available. But it is foolish not to ask for advisory opinion hoping that DOS will not issue unfavorable opinion and USCIS will overlook it as well. Chances for this are virtual zero - if one subject to HRR he/she will get RFE from USCIS.
This is cut and paste for USCIS adjudicator manual in the section about HRR and J-1 waiver:
" Adjudicative Actions to be Taken .
(1) Verify the Applicant's Foreign Residence Obligation . Before proceeding to adjudicate the application, you should verify that the applicant is indeed subject to the foreign residence requirement (see 8 CFR 212.7(c) and 22 CFR 41.65(b)). Do not assume that the alien is subject to the requirement just because he or she is filing the waiver application or even because another officer so indicated during a prior proceeding on the IAP-66.
If the applicant is found to be subject to the requirement, the basis of your determination should be noted in the "A" file. Where the record indicates that an applicant may have resided in the country of nationality or last foreign residence for at least two years following termination of the exchange visitor program, you should seek information about the length of such residence.
If the applicant is not found to be subject to the requirement, you should reject the application and inform the applicant in writing of the basis of the determination, together with instructions concerning application for permanent resident status or change of nonimmigrant status, if appropriate.
A J-1 applicant may become subject to the two-year home residence requirement on the basis of one or more of the following factors:
• If the applicant is sponsored by ECFMG as a MEDICAL TRAINEE under program #P-3-4510. (Note: This factor does not affect ECFMG sponsored medical researchers.)
• If the applicant has received any type of government funding or support -- from his or her home country, the U.S. Government, or international organization -- as indicated in items 5a through 5e on the Form IAP-66.
• If the applicant is sponsored by a government program -- this is indicated by the designation of G in the program number, e.g., G-1-1111, G-5-0021, and G-2-0001, etc. There are only five levels of G programs. This is a prima facie decision. If the J-1 has not used government facilities or received funding, it can be reviewed on request.
• If the J-1 applicant's area of study is on the skills list of the J-1's home country or last legal residence when beginning a new program or changing program objective -- advancing to a higher level of study in the field of study is not considered a change of program objective. Determination is made on the basis of the most current skills list at the beginning of the J-1's program, e.g., China did not have a skills list prior to July 14, 1984. J-1 Chinese visitors who entered the U.S. before that date are n ot subject to the skills list requirement unless they had changed their program objective after July 14, 1984. The skills list is contained in Appendix 15-1 of the Inspector’s Field Manual.
Note: An alien erroneously determined to be subject to 212(e) by an American consular officer or immigration inspector is not made subject thereto because of the officer’s error. Likewise, an alien who was erroneously determined not to be subject to 212(e) is not exempt from the requirement due to the officer’s error. In other words, whatever is indicated on the IAP-66 is not necessarily correct and you should verify that alien’s obligations for yourself when adjudicating the waiver application. " | | | |
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Topic: rfe how many days
Mine was mailed on Wednesday, July 9 according to USCIS online system and I received it on Monday, July 14. I live in Connecticut, petition at TSC. For the most part it takes 5 to 7 days, but it can take up to two weeks. So you are still ok. | | | |
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Topic: New Vaccination Requirements
Yes, it means that after August 31 USCIS will require these new vaccines whoever is age appropriate for them but only for NEW medical exam. Those who already filed and had medical exam before July, 1 will not be subject to these requirements. Besides according to CDC requirements most of these newly required vaccines are either for children (rotavirus, hep A etc) or for elderly (zoster etc). If you are a person of working (middle) age like most of us you would not need these vaccines anyway (except may be if you applying with dependent children who will need some of them). | | | |
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Topic: Confused by Immigration Officer
What does your I-485 receipt says? Does it say "Derivative adjustment" or "Adjustment as a direct beneficiary of immigrant petition". If former you should be ok - your approval will folllow after your wife's soon and that IO on the phone is wrong and must have looked that you have I-140 pending in EB-3 and told you wrong info and then when you tried to clarify that you applied as derivative gave you lame excuse. If your I-485 receipt does say "Adjustment as direct beneficiary of immigrant petiton" then you have issues meaning that some zealous idiot who was receipting your application linked it to your I-140 and now it is separated from you wife folder and treated as separate Eb-3 case. In this situation I don't know what solution to come up with except try to have your attorney to call or write USCIS to try to correct this. Or just wait two more months and you will be all set in October once EB-3 priority dates recover. But withdrawing I-140 is bad idea - it may not correct the problem but can create even more issues because they may deny your I-485 automatically if I-140 is withdrawn if it is linked to your I-140. Then you may have to file MTR or even start from scratch. | | | |
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Topic: TSC intentionally does not advance processing times
They do it to prevent too many people from calling as there are many after July fiasco last year. But they do advance but for some reason not FIFO. Myself as an example - filed I-485 in February, 2008. Received RFE on July, 9 for medical exam. So someone is actively working on my case. I filed non-concurrently though with I-140 approved last year in December, 2007.
I think they are trying to focus on I-485 with approved I-140 and current priority dates in EB-1, EB-2 categories. This way they will try to use all visas for current year and not waste them. I think this approach will help to advance dates for EB-3 significantly after October comes as there will be a lot of leftover visas from EB-1 and EB-2 categories when next fiscal year quota kicks in especially because there are already a lot of cases approved with receipt date in 2008 via Texas Pilot Program. | | | |
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Topic: received my I-485 RFE - mad!!!
In RFE those USCIS retards claim that I submitted 4 photocopies of I-693 (can someone explain why four ????) and they cannot locate original I-693. they need original I-693 to process my application. I don't know who messed USCIS or civil surgeon included photocopies instead or original. My suspicion is USCIS because why would they have four copies of medical - some rookie trainee contractor or clerk must have been trying to make copies after they opened envelope and lost original form in the process.
Anyway have to go fill out the new medical again. Here is my question: do I need to retake all lab tests again (syphilis, HIV, TB test) if they were taken about 6 months ago when I did my original medical? Or should I just have civil surgeon fill out the new form and write the results of old tests since they are less than 1 year old?
Anyone is welcome to share their experience/opinion.
Thank you | | | |
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Topic: RFE on I-485 - worried since we submitted everything possible
I don't know what they want from both me and my dependent. One thing I can think of for myself is I did not have W-2 for 2007 yet (now I have it) when I filed at the end of January, 2008 because it was not issued yet to me although I submitted EVL at that time.
Dependent submitted everything possilbe. He was in J status before but submitted copy of DOS advisory opinion letter stating the he is not subject to 212(e) two year requirement. Can USCIS give RFE for this or overrule DOS determination?
Also dependent did not sign G-325 form in the space where it ask to write the name in native language because he is from Ukraine and he thought that some letters are similar to Roman alphabet but now I think that it is Cyrillic alphabet and it is still different quite a bit from Roman alphabet. Could an RFE be just for this reason?
Thank you for your responses | | | |
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Topic: received RFE for both me and my dependent
Hey, Vince,
Do you mean that you only got one RFE letter for primary applicant even though online status changed to "RFE sent" for all dependents as well but they did not get separate letter?
Thank you for your response | | | |
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Topic: received RFE for both me and my dependent
Both me and my wife application status has changed on July, 9 to "RFE sent". Waithing for the letter to come. I am not sure whether to expect one or two separate RFE's. What was your first RFE about? | | | |
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Topic: received RFE for both me and my dependent
Does anyone know if dependent status always changes to 'RFE sent' if primary applicants gets an RFE. Does it mean that they want additional evidence for both applicants?
I would think that if primary case can be approved without RFE, then the primary would get CPO email, and only the dependent would get RFE. Also a couple of days ago I noticed LUD on my case filed 7 years ago when I changed my status from B-1 to F-1. May be RFE is related to that? Do they give 2 separate RFE's for family cases or only one?
Thank you for your help | | | |
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Topic: EB1 visa not available
Great news.
This will mean all great scientists, musicians sports persons will join the struggle. Once these people join, we can expect bills to pass for all of us
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It is only struggle for you with your lousy EB-3 job that you may lose anytime now given the current state of US economy. For EB-1 people there will always be demand. Regarding the bill I think you should expect the one that will give amnesty and permanent residency to illegal aliens. Then I would really like to see how they will challenge and compete for your EB-3 job. | | | |
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Topic: EB1 visa not available
I think this IO should be reported for giving false information and misleading customers (us). I can understand they have so many phone calls and often get overwhelmed and therefore unwilling to share the information about the case, but THIS: telling outright bull s**t - this is too much. Do you remember their ID #? you should report this IO | | | |
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Topic: Changing jobs for approved EB1 case
for EB1A you don't need to wait to change the jobs - you can change at any time you want, there would be no issues as long as you are working in the same or related field (even this may not be applicable since you arleady got your green card). | | | |
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Topic: Child birth in family after applying 485
I think you should report it to USCIS. Have the baby shower and send USCIS the invitation. This way you may get baby shower gift: not pink or blue, but green one. | | | |
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