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Member Profile: canadian (19 posts)

 
 
Hello, I'm canadian (report this user)
I am from Canada
I last logged in on 22 Jan 2009
I have been a member since 16 Aug 2007
I have added 19 posts in trackitt forums
I added my last post on 06 Jan 2009
canadian's Immigration Cases
 
I-485 case: Approved in 575 days (148 days more than average)   (7 comments)
User: canadian Nationality: Canada
Country of Chargeability:CanadaApplicant Type:primary
Service Center:NebraskaCategory:EB3
Priority Date:16 Jan 2003Application Filed:21 Jun 2007
USCIS Received Date:22 Jun 2007USCIS Notice Date:18 Jul 2007
USCIS Receipt Number:I-140/485 Filing:non-concurrent
I-140 Processing Type:regularI-140 Approval Date:10 Dec 2005
First Fingerprint Date:14 Aug 2007Second Fingerprint Date:
RFE Received?:yesRFE Received Date:
Reason for RFE:RFE Replied Date:09 Jan 2009
Case Transferred to:Transfer Date:
Name Check Status:not sureName Check Approval Date:
I-485 Status:approvedI-485 Approval/Denial Date:16 Jan 2009
Card Production Ordered:16 Jan 2009Card Received Date:22 Jan 2009
EAD Applied?:yesAP Applied?:yes
EAD Approval Date:16 Oct 2007AP Approval Date:19 Oct 2007
EAD Received:AP Received:
Time to Get EAD Approval:117 daysTime to Get AP Approval:120 days
Time to Get Fingerprinting Done:54 daysTotal Time to Get GC:575 days
Most Recent LUD:Days Elapsed:
Case Added to Tracker: Last Updated: 22 Jan 2009
Notes: Hard LUDs: 7/23/07(App Rcvd), 12/29/08(RFE-EVL), 1/12/09(RFE Rcvd), 1/16/09(CPO), 1/21/09(Approval Notice Sent) -- Soft LUDs: 8/14/07, 8/15/07, 12/30/08, 1/13/09, 1/19/09, 1/22/09
 
canadian's Posts
Posted in I-485 Forum on 06 Jan 2009
Topic: Problem in the USCIS system?

Well, I was RFE'd on Nov 17, 08 . letter mailed by CIS on Dec 30, 08 and was asked in the letter to provide EVL by Dec 18, 08 otherwise my application would be considered void.

How can you reply CIS by Dec 18 when you get the mail by Jan 5th.

I don't think it's the system, I believe these are AO/IO's are smoking crack...
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Posted in I-485 Forum on 31 Dec 2008
Topic: I-485 denied - however absolutely no change in my status prior to denial! Am very confused...


hey guys

real quick question - my lawyers are working on my form I-290b and are planning to file the motion soon. My question is - in the form 290b what option should they tick? is it motion to re-open, motion to reconsider or motion to re-open and reconsider? if you look at the actual form, these are options d, e or f.

thanks - i want to make sure that we get it absolutely right.



This is what I found googling......

A motion to reconsider is based on legal grounds. A motion to reconsider must:

1. state the reasons for reconsideration;
2. be supported by any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or service policy; and
3. establish that the decision was incorrect based on the evidence of record at the time of the initial decision.

If there are new evidentiary facts that were previously unavailable or could not have been discovered or presented before, a motion to reopen may be filed.

A motion to reopen must:
1. state the new facts to be provided in the reopened proceeding; and
2. be supported by affidavits or other documentary evidence.

On the basis of above definition, I think yours should be motion to reconsider, just guessing..
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Posted in I-485 Forum on 25 Dec 2008
Topic: Travel with AP outside US

You have to be in US before your AP expires. No time limit of how long one can be outside of US but on your return you may have to justify to the officer at port for your extra ordinary long stay.
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Posted in I-485 Forum on 20 Nov 2008
Topic: EB3 ROW Time to wake up


USCIS is focusing more on I-140 than any other application at this time so more people are going to see their I-140 approvals soon.

USCIS is still waiting for visa office to give them the requested numbers and that is the reason the visa bulletin haven't move fwd much but if USCIS will not get this information (which they will not) then the visa dates will move fwd rapidly specially for EB3 ROW and EB2 India and EB2 china.





I smell another backlog/retrogression/july fiasco, if this is true.

You see when I started process by applying labor, everything was slow but smooth but DOL wanted to streamline the process of labors so they can process labor applications faster. They introduced PERM. where did it take people like us who were already in line BEC. So people who came way after me applied through PERM had their labor approved way before me. By the time BEC was almost clearing all the labor applications for the mess they created, they didn't know they were creating a mess for USCIS. When USCIS smell a tsunami of labor approved with so little visa numbers available, they started retrogression. lucky for those who started their process in late 04 or early 05, they saw their cases approved in few months before retrogression. Where did it leave ppl like us hell in retrogression. Till May 2007, and they started opening flood gates cause they were answerable to state dept. Some initial rift between two govt department caused the July fiasco. I was current in May, applied in June and got stuck and have been current ever since. Anyone who applied during June and July and some part of August were badly screwed and we saw ppl with late PDs getting approved faster cause USCIS didn't want to waste visa number. great.

So if you are telling another streamline process, let me tell you one thing. anyone who will apply after us will get benefit if you are already in line you are screwed.
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Posted in I-485 Forum on 20 Nov 2008
Topic: Anyone with old priority date (ROW) which was affected by BEC?

Same boat. Jan 2003 PD, 485 received in Jun 22, 2007 and case still not assigned to an officer.
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Posted in I-485 Forum on 10 Nov 2008
Topic: Obama will approve Amnesty and Illegals will get GC before us



Stop ppl at the border before they come to this country and if they are already in don't make their lives a living hell. You see my point.


What living hell? "I cannot get a green card! I am in hell!"??? Give me a break.



You have to be one to see one.. Have some compassion for your fellow humans.. Just because we are educated and lucky enough to come here properly even though I feel we are being treated like shits. Just do the math for those unlucky one..
Everyone should have the right to have a better life as long as they live in peace.
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Posted in I-485 Forum on 10 Nov 2008
Topic: Obama will approve Amnesty and Illegals will get GC before us

We humans make and break the law... as we see fit...
My point is when God sent us in this world, he told us to seek his bounty anywhere in the world. We humans created these boundaries.
I do agree with the argument of following even the laws made by humans as long as they are for serving humanity.
Stop ppl at the border before they come to this country and if they are already in don't make their lives a living hell. You see my point.
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Posted in I-485 Forum on 10 Nov 2008
Topic: Obama will approve Amnesty and Illegals will get GC before us

If I understand the argument for illegal immigration correctly, it is we need to be compassionate. We should not stand in the way of people who are trying to make life better for their families.

So if someone robs a bank to feed their family and nobody gets hurt, can they walk away without any consequences?

Come on.. I believe robbing bank is a wrong example here... They are not stealing someone money from your pocket in this country. They are just trying to have a better life for themselves and their families by working hard..
Yes, they came to this country illegaly. But who defines the boundaries here... They were none before US. Europeans came in here and snatched land from the locals here....and that makes my forefathers illegals also... Isn't it..
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Posted in I-485 Forum on 14 Oct 2008
Topic: Nov bulletin out

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Posted in I-485 Forum on 19 Sep 2008
Topic: Soft LUDs

They mailed my EAD card on Sep 17, but I am still getting soft LUDs for last 3 days on my EAD application. Looks like a bug in USCIS application, as I see it as a pattern which is also happening to other users. I won't be too excited about this...
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Posted in I-485 Forum on 13 May 2008
Topic: EB3-ROW NSC Approvals Projection



here is statistics of NSC I-485 cases(all categories) on trackitt.
Look at it and you decide who is getting more.

india 1752 - Total
approved 414

china - 280 -- total
apporved - 115

mexico - 34 - total
apporved - 8

philippines - 127 - total
approved 47

ROW - 1456 -- total
approved - 750



I would say India as it is almost getting half of all approval from the rest(ROW + mexico + china + philippines) this is nearly 50% when it shouldn't be more than 7% acc. to the quota per country
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Posted in I-485 Forum on 12 May 2008
Topic: PD Current. Processing Dates Current for 30days now. No updates yet.

First of all one needs to understand that applications are processed by notice date not by receipt date. Don't ask why, I had this discussion with my attorney as well as with IOs. Secondly, mine still isn't assigned to an IO per last week's call.
Just have patience, we are all in the same boat.
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Posted in I-485 Forum on 07 May 2008
Topic: Spoke to IO at Nebraska

Looks like the IOs are improvising a lot. I bet they have a meeting every morning to discuss, what could be the best possible response for 485 callers. In fact I believe, they must be laughing their @ss off on the responses they give to their callers.
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Posted in I-485 Forum on 22 Apr 2008
Topic: Any pending June 2007 cases?

They don't include the cases with NC pending when they release processing dates. That's what my understanding is so far.
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Posted in I-485 Forum on 21 Apr 2008
Topic: April Processing Dates

Try using a different browser..
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Posted in I-485 Forum on 27 Mar 2008
Topic: March NSC Processing Dates

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Posted in I-485 Forum on 24 Mar 2008
Topic: Other's GC were sent to me by mistake, what should I do?

Just check the phone number of the person on zabasearch or peoplesearch and give him/her a call. I bet if he/she is the person he/she will come running to pick it up right away. You have all the info about the gc holder anyway.
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Posted in I-485 Forum on 24 Mar 2008
Topic: NSEERS & Advance Prole


I just got my Canadian citizenship a year ago and I need only my citizenship card plus a photo id when I enter the US. However I was NSEER prior to getting my citizenship. I was Malaysian. Anybody knows whether NSEER still applies to me when I enter US. Hard to apply to me now since I dont have a passport or require one to enter US



See my reply in the following thread.
http://www.trackitt.com/discussion-forums/i485-...

Just wanted to add that I haven't used AP.
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Posted in I-485 Forum on 12 Mar 2008
Topic: NSEER procedure while i485 pending

Well, it depends from officer to officer. When I got my Canadian passport I was told I don't need special registration since I have become Canadian Citizen so they let me enter US through Canadian border. Few month later, I went overseas, on my way back, they detained me for hours and told me since I didn't register before my departure they were going to deport me. I was there for hours trying to convince the officer I was told I didn't need registration anymore. Anyhow, it took me hours to convince him and I showed him at least 50 entries exits before I got the Canadian passport. He verified everything but still said I broke the law and it is my duty to know the law then he let me enter US with strict warning. I asked him if he can provide some sort of documentation or some proof that I will have to register every time I enter or leave US so I can show it to officers at entrance and I made him write that on my passport. He also told me that unless I become permanent resident, I should register my self every time I leave or enter US.

I have entered in US several times after that and I found that there were several officers who refused to register me at first until I showed them on my passport that I need to register.

Conclusion: NSEERS must register unless they become permanent resident or get a waiver
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