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I am from Venezuela |
| I last logged in on 04 May 2009 |
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I have been a member since 18 May 2008
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| I have added
169 posts in trackitt forums
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I added my last post on 05 Apr 2009
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gclitany's Immigration Cases
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| I-485 case:
Approved in 453 days (27 days more than average)
(0 comments)
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| User: |
gclitany |
Nationality: |
Venezuela |
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| Country of Chargeability: | Venezuela | Applicant Type: | primary | | | Service Center: | Texas | Category: | EB2 | | | Priority Date: | 12 Jul 2007 | Application Filed: | 02 Jan 2008 | | | USCIS Received Date: | 04 Jan 2008 | USCIS Notice Date: | 06 Jan 2008 | | | USCIS Receipt Number: | | I-140/485 Filing: | concurrent | | | I-140 Processing Type: | regular | I-140 Approval Date: | | | | First Fingerprint Date: | 29 Jan 2008 | 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: | approved | I-485 Approval/Denial Date: | 30 Mar 2009 | | | Card Production Ordered: | 30 Mar 2009 | Card Received Date: | 04 Apr 2009 | | | EAD Applied?: | yes | AP Applied?: | yes | | | EAD Approval Date: | 16 Dec 2008 | AP Approval Date: | 03 Mar 2008 | | | EAD Received: | | AP Received: | | | | Time to Get EAD Approval: | 349 days | Time to Get AP Approval: | 61 days | | | Time to Get Fingerprinting Done: | 27 days | Total Time to Get GC: | 453 days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
04 Apr 2009 |
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| Notes: |
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| I-140 case:
Approved in 518 days (248 days more than average)
(2 comments)
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| User: |
gclitany |
Nationality: |
Venezuela |
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| Applicant Type: | primary | Service Center: | Texas | | | Category: | EB2 | Priority Date: | 12 Jul 2007 | | | Application Filed: | 29 Oct 2007 | USCIS Received Date: | 06 Dec 2007 | | | USCIS Notice Date: | 09 Dec 2007 | USCIS Receipt Number: | | | | I-140/485 Filing: | concurrent | Processing Type: | regular | | | RFE Received?: | yes | RFE Received Date: | 02 Mar 2009 | | | Reason for RFE: | A2P, Translations | RFE Replied Date: | 24 Mar 2009 | | | Application Status: | approved | Approval/Denial Date: | 30 Mar 2009 | | | Total Processing Time: | 518 days | Most Recent LUD: | | | | Days Elapsed: | | |
| Case Added to Tracker: |
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Last Updated: |
04 Apr 2009 |
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| Notes: |
FP: 1/29/2008, EAD-First: 2/22/2008, EAD-Renewal: 12/15/08 |
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| I-765 (EAD) case:
Approved
(0 comments)
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| User: |
gclitany |
Nationality: |
Venezuela |
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| Application Type: | renewal | Service Center: | Texas | | | Filing Method: | paper-based | Application Filed: | | | | USCIS Received Date: | 25 Nov 2008 | USCIS Notice Date: | | | | USCIS Receipt Number: | | RFE Received?: | no | | | RFE Received Date: | | Reason for RFE: | | | | RFE Replied Date: | | Application Status: | approved | | | Approval/Denial Date: | 15 Dec 2008 | Card Production Ordered: | | | | EAD Received: | 21 Dec 2008 | Total Processing Time: | days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
25 Dec 2008 |
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| Notes: |
Received email from CRIS - Card Production Ordered. Approved for 2 years. |
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| gclitany's Posts |
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Topic: Now it's CoolGuy's turn after ~3000 days of wait :-)
You don't need your employer for that. He has nothing to do with your I-485, as the adjsutment of status runs on you. As a matter of fact, you should have been the one signing the G28 originally for anything related to the I-485 application. | |  |  |
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Topic: Green is here!
Well, it seems like finally our turn has come. Even without any notice about the Approval of the I-140, no Welcome Email, no CPO and no big fanfare, today at noon the postman delivered 5 envelopes. 3 Courtesy copies of the I-485 approvals (one for me, one for my wife and one for my son), and 2 envelopes containing my green card and the one for my wife, respectively. My son's green card did not arrive but I guess it will be a matter of days.
My quest is over and new challenges await for me now, but I will definitely remember all the hurdles that were part of my process and the countless hours exchanging information with so many fine members of this community to gain knowledge and see light at the end of the tunnel.
I will not split from Trackitt and will check back often. I am also planning on becoming active in trying to help in whatever way I can to get awareness about the tough deal that the immigration process can be to so many people genuinely trying to start a new life in this country and giving their best so that America keeps it's rank as the Lighthouse of the World.
Good luck to everybody. Don't dispair and never give up. Perseverance is the path of the winners.
Cheers!!! | | | |
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Topic: TSC status and email seems work again
No Dice. My status has not changed since first acknowledged receipt. | | | |
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Topic: EB2 ROW Nebraska- waiting over 4 months....
be patient man, there are many people ahead of you with old priority dates, you just entered the game, it's time to relax and sit n watch,
by calling uscis and opening sr's would further piss them off. wait for another 2-3 months, you will get approval
trust me all my friends from nebraka row eb2 got gc's in 6 mnths...without any hassles or pinging
There are many that are still pending from July/August 2007 and before or that are being RFE'd now. Pe patient and wish for those that have been waiting so much longer to finally getting their cases completed. Hopefully everybody will have their day under the sun. | | | |
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Topic: finally acknowledged
it is my company's responsibility for the i-9 update
This is inaccurate. It's totally your responsibility. I't's like applying for a new job.
at this point, they have/had a valid visa on the books. they are just dumb as nails but appreciate their support for the gc
They must have been doing somethng right. It seems they've been in business for a long time, at least the time it took you to get your GC. Is this just another of your "Tong-on-Cheek" comments?
they have said time and time again that the lawyers that they have a useless and they have just proven yet again that they are useless
Few lawyers even send a congratulations letter. At least, even if useless, they seem to be nice.....
they obviously got a copy of the notice as the same time as i did, but yet waiting 3 months to notify in writing, i guess they need to do another billing
Once again, the I-485 adjustment of status is YOUR deal, not your employer's. You are the only responsible to get the HR records properly updated.
no harm, cocktail time!
Enjoy! | | | |
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Topic: RFE- Experience letters
An affidavit of work experience will be ok.
1. Can you please send a sample letter or post the description how it should look like.
Where?
Here are my experience: June 2000 - Feb 2002 as System Administrator -- India
July 2003 - dec 2005 as System Administrator -- UK -- Part-Time(20hrs/week)
March 2006 -- Jan 2008(Labour applied date) -- US -- Program Analyst
2. Do you think My experience will cause an issue, as I have a Part-time in UK.
Your experience in the US can only be used if it's not related to your I-140 sponsor. In other words, if your present employer is the same that is sponsoring you for your GC, you cannot use that experience.
Other than that, part time or full time normally is not noted in reference letters.
Initial documents submitted for I-140 filing
Photo copy of India experience
Photo copy of UK experience
3. The time frame left is one month to respond to RFE, I am not sure whether I can get the letter from india. what are the other options I can do. Can I write the description in plain paper and get notorised with my college(Indian exp) of mine working in a different company.
That's an Affidavit and it is an acceptable doc. | | | |
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Topic: RFE- Experience letters
Hi
I am in the same situation, I got an RFE requesting for detailed job description for my India Exp. My company is still existing but I am not sure they will give me a detailed description as my relations with them when I left were not good. Please advise.
Good lesson to learn: Always leave the doors of previous jobs open. You never know when you'll need to look back for some help, not necessarely work again with the company but for cases like this, even if you were right and your employer was abusive and wrong. That said, you can ask someone that you were closer to in the company to intercede for you and get you the letter. If the position title is descriptive enough, a simple letter "To whom it may concern" signed by HR, supervisor or other higher ranked coworker should be good. | | | |
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Topic: RFE- Experience letters
attorney is horrible, and do not know exactly. Attorney tells me even exp letter in plain paper will do..However, what about other letters which I got from ex employers, can I send those as copies, because first time we sent copies only.
If your RFE doesn't ask for originals, I think you'll be fine. | | | |
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Topic: RFE- Experience letters
Thanks. Do we have to send original or just copy will do? Please advice
I would send the original, especially as you requested it specifically for your RFE and it is recently dated (within the RFE timeframe, I guess). Ask your atty and make sure you keep a copy. | | | |
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Topic: 2 year ead = I140 approved?
Hello! Are you guys based in U.S.? Coz I am based here in the Philippines with approved I-140. If I enter U.S. as tourist is it possible that I'll be given an EAD or do I have to apply for I-485? Because from what I heard EAD comes with I-485? Do you know anybody in particular that has the same concern as mine? I would love to read your answers...Thanks!
EAD is related to the I-485 as you mention. The only tie to the I-140 is when you file concurrently. In that scenario, if the I-140 gets denied, it means that the I-485 petition based on the working sponsorship will also be denied, voiding the EAD.
You would have to enter the country and file for adjustment of status while in the US to be able to apply for EAD. | | | |
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Topic: RFE- Experience letters
gclitany:
The supervisor gave me the letter. However, he also mentioned in the letter per my request he is issuing this exp letter with no liability to the undersigned person. I assume that should be ok. please advice.
It's ok. He's just covering his back. It does not hinder the fact that he's attesting that you worked under his supervision. You should be fine. | | | |
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Topic: TSC Streamline Procedure for I-140s and I-485s
I only skimmed this thread, so not sure if anyone mentioned the most crucial point - the streamline procedure has been shut down.
This is inaccurate. TSC has requested that AILA members cease in submitting inquiries through the AILA-TSC Streamline e-mailbox "Regarding EB 3rd Preference I-140s filed during or after July 2007."
EB-2 and Submissions filed prior to July 2007 are still being accepted.
Also - have been advised via lawyer that TSC realizes that the March 2008 processing date is actually way off, and they have now 'discovered' that there is a backlog. The real processing date is July 2007.
I guess that makes sense, given the request to AILA.
I wouldn't expect much from the streamline procedure if you filed through it. Seems Texas realized they are inefficient and didn't want to hear about it.
It seems to have worked for some members. | | | |
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Topic: TSC Streamline Procedure for I-140s and I-485s
It seems from the discussions on various threads that those using the Streamlined Procedure Email don't get updates on their case satus on the website when the case gets processed. It happened to me and, from what I read, to several other posters. It's a good measure of precaution to keep checking both with your employer and the lawyer handling the case to make sure that they haven't received an RFE or NoID, as you might miss it. In my case, my employer received the RFE WAY BEFORE the Law Offce. My status still shows received and pending after more than 2 weeks of the date of the RFE. | | | |
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Topic: TSC Streamline Procedure for I-140s and I-485s
My lawyer has sent the SR in Dec 08 for I-140 filed in Aug07.(TSC)
My lawyer has asked me to wait for 90 days. almost 80 days have passed with no reply from USCIS.
Does anyone know what the next step is if I don't see any updates in next 10 days?
Does SR take complete 90 days to respond?
Have him sent a Streamline Procedure email. It works most of the times. In addition, have him issue a new service request referring to the previous one. | | | |
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Topic: TSC Streamline Procedure for I-140s and I-485s
Hello folks
I have my 140/485 filed concurrently in Sep08, can you help me analyze the situation at TSC, my status shows received and pending
You'll have to wait until their processing dates reach your filing date. | | | |
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Topic: TSC Streamline Procedure for I-140s and I-485s
Hello Gurus,
I'm kind of new here so please forgive me if my question is already discussed.
Can I use TSC Streamline Procedure for I-485 even though my Processing Time is NOT current. (I-140 approved, PD current.)
According to my attorney I should wait
1, because if I rush USCIS they will find a way to deny me,
2, I need to pass the posted processing date by 30 days.
thanks for your answers
No. The receipt date has to be prior by at least 30 days from the crent processing date. Only your lawyer can issue a SP request, and only if he's an AILA Member. | | | |
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Topic: To "gclittany" and "DesiVidesi"
1) If one has a valid EAD and working full time with sponsoring employer and has never left him. Then can that same person use the same EAD to work in the evening part time for a starbucks or for that matter anywhere which is unrelated to the LC?
Yes (IMHO).
2) In the same scenario above if one has EAD and has never left sponsoring employer but has worked with sponsoring employer for say 1 or 2 years and then still remains with him but does not work with him, meaning he still has that future offer of employment but only after 485 is approved. So this guy goes and works in starbucks or any other job un-related to his LC or GC. Is that ok?
Yes (IMHO).
3) In the same scenario above if one works say part time for the sponsoring employer using his EAD and works part time odd-jobs unrelated to his labor or GC is that fine?
Yes (IMHO). The LCA conditions of employment have to be complied with at the time of adjudication, which means that you have to report to your sponsor and receive the proffered wage.
You could keep your part time job as well after getting your green card and work both.
As DesiVidesi properly suggests (and I totally agree), you should seek professional legal assistance to discuss these issues, as an immigration attorney is the only one that can give you proper advice. | | | |
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Topic: No job yet ...still on EAD. Got RFE on EVL? Please advise
I don't know which dumb AILA attorney provided you the information
No need to use pejorative terms. You are entitled to your opinion and have it heared without the need to force it through.
gclitany, please I implore you to provide links or ask a GOOD immigration attorney before saying things that can be dangerous.
EAD is not unrestricted. It is only a means to stay legal by working for similar job by the Primary petitioner.
So if husband's H1B is revoked and he is the primary petitioner for the GC, then he HAS to work in a similar job as that specified in his labor. His wife who also has an EAD can work for any job - like starbucks, part-time etc.
As long as the primary petitioner is working on H1B or EAD + as long as the primary petitioner is working on job similar to that on the labor + other conditions such as wages then the GC is safe. Any change from this and the person can be royally sc*&%$.
Please read:
http://www.hooyou.com/ead/ead-lc.html
http://www.murthy.com/Chatdb.asp?Search=&Type=a...
http://www.lawbench.com/immigration-forum/627/d...-
There are many, many more resources available everywhere on the net and then there is the Law. That said, I am NOT a lawyer and, from what I read from your posts neither are you. So giving ANY kind of advice would be irresponsible, other than to consult a competent immigration lawyer.
You also keep bringing up constantly H-1b. As much as it is one path, it's not the only one. You CAN adjust status directly from a B1/B2 visa without EVER having worked in the US. There are tricky deadlines for some categories, but it is possible.
FInally,you stay legal by having a pending application and your receipt notice, not by having an EAD. It clearly tells you on the card that it does not grant reentry privileges nor legal permanence status. That's what USCIS Notices of Action are for.
I'm sorry that your case has been so complicated and difficult. I hope it will eventually lead to a happy ending. It's not to the benefit of the community to generalize though, as each case is different and triggers different issues. | | | |
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Topic: No job yet ...still on EAD. Got RFE on EVL? Please advise
well if you work for your sponsor for say six months or a year and then you are laid off(company changed hand). Now you have a future job offer same or similar description but the new employer wants you start work after your approval, then what do you do. The guy is not working for starbucks or anywhere else. The guy is independently wealth he can survive on his own. Can he wait or he must find employment somewhere else in a same or similar job description?
YES, he can wait. It's risky he has to be sure that he'll be able to show that the opportunity is available at time of adjudication (EVL) an would also have to formally invoke AC-21 then, but technically he can. Remember that the I140 has to be approved, though, or be approvable t the time of AC-21 for him to be able to port his employment.
And YES, he could work at Starbucks on his EAD. The working authorization is UNRESTRICTED. | | | |
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Topic: No job yet ...still on EAD. Got RFE on EVL? Please advise
Wrong, Wrong and Wrong !! One has to be employed in a similar job while being in AOS pending status. Just because one has an EAD or has I-485 filed does not mean one can be jobless until GC.
If you happen to have the text of the law to your statement, please provide it.
I really don't want to create a controversy about this. I've thoroughly read the law, researched numerous documents and case decisions and talked to many lawyers who are AILA members about this and other issues related to employment-based sponsorship. My findings and their responses coincide in the fact that, being a future employment opportunity, the only requirement for the beneficiary of the GC is to be in status during the process (provided he/she is adjusting status, thus meaning he/she is in the US) and that the offer is available by the time of adjudication. Moreover, you can change to Consular Processing at any time in the future and await for your Green Card outside the US.
It would sound contradictory to the spirit of the law to have 2 different sets of cases for labor-sponsored immigration: one for those adjusting status and one for those who are outside the US awaiting for Consular Processing. It doesn't make any sense. But again, if you happen to have to links to the appropriate law sustaining your affirmations, please provide it.
Sure, GC is for future employment but that does not allow the person to be unemployed until getting GC.
Yes, it does, as long as you are in status. You don't have to be working to be in status. Again, please provide the specific link to the law.
If that were the case, why even go through the whole process of EAD/AC21 or other means ? Apply for I-485, get a 'Future job offer' and work at Starbucks.
With EAD you can. But as a matter of fact, if you don't want to work while you wait, you don't even have to apply for EAD and save some bucks on filing fees. As for AC21, I think you are not interpreting it correctly. You can invoke it well before your I-485 approval but it won't be evaluated until the adjudication moment, which can happen years after you switched employers.
If only, immigration law were that simple.
I agree it is not simple, but it is generally well written.
I'd advise anyone thinking of doing the above to PLEASE contact a good immigration attorney. A wrong step or advise can mess with your legal status badly.
That is always a good piece of advice and everybdy should follow it.
A lot of misinformation is going around.
Couldn't agree more.
1) One has to be employed in a job 'similar' to that in their labor throughout the GC process.
No, Sir, one has to have the jo offer of your LCA OR a similar to it AT THE MOMENT OF ADJUDICATION. If you have it throughout, better yet but it is NOT mandatory. If you are a hard worker, a responsible person and have ambitions, you will keep working but it is NOT mandatory.
2) A RFE or NOID can be issued during any period of the GC process, regardless of PD being current or not.
For many reasons, but not for proof of having worked while waiting for your I-485 to be approved.
3) An IO can ask for any proof such as W-2's, EVL's, Company Tax Filings....the whole nine yards.
For many reasons, but not for proof of having worked while waiting for your I-485 to be approved. The most common is for proving that you have been in status and, as a matter of fact, to prove that you did not incurr in illegal working, which is quite a different scenario.
4) Multiple RFE's can be issued too. i.e One RFE followed by another.
Although rare, it can ocurr but for deficiencies in the documentation, or lack thereof. The IO's job is to request as much evidence as possible as to grant the GC with a high degree of certainty it is a genuine job offer and a legitimate case. I'd be cautious though to incurr in fearmongering, as I'd estimate that close than 99% or more of cases are solved with ONE RFE.
5) If H1 is revoked, then unless one is able to get a H1 transfer (which basically is a new H1) soon, it is over. In such a situation one has to use an EAD.
To continue working, yes. If you stop working altogether, you don't need it.
6) Using an EAD, automatically cancel's the H1B and dependent H4's.
Generally speaking, yes. There are some grey areas as to simultaneously using H1 on a full-time job and EAD on a part-time. Even AILA lawyers will tell you that it is an aspect of immigration law that is highly prone to discretionality.
7) An EVL is used to find if the person is employed.
No, Sir. it is used to determine that the Job OFFER is still available.
This may also be used to find if the petitioner has been unemployed during any period of time.
Please provide the law and/or case outcomes. It is simply NOT true.
So if one thinks that he/she can be unemployed after H1 revokation, get a job....
You should always do it for the sanity of you mind and your finances.
As always, use Trackitt and other sites for gaining information. But when its concerning one's legal status - please consult a good immigration attorney !!
Couldn't agree more! | | | |
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