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Member Profile: geewhiz (842 posts)

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Hello, I'm geewhiz (report this user)
I am from New Zealand
I last logged in on 22 Apr 2017
I have been a member since 04 Jan 2012
I have added 842 posts in trackitt forums
I added my last post on 12 Apr 2017
geewhiz's Immigration Cases
 
I-485 case: Approved in 78 days (586 days less than average)   (2 comments)
User: geewhiz Nationality: New Zealand
Country of Chargeability:United KingdomApplicant Type:primary
Service Center:TexasCategory:EB2
Priority Date:09 Jun 2011Application Filed:16 Dec 2011
USCIS Received Date:21 Dec 2011USCIS Notice Date:23 Dec 2011
USCIS Receipt Number:I-140/485 Filing:non-concurrent
I-140 Processing Type:premiumI-140 Approval Date:20 Sep 2011
First Fingerprint Date:23 Jan 2012Second Fingerprint Date:
RFE Received?:RFE Received Date:
Reason for RFE:RFE Replied Date:
Case Transferred to:Transfer Date:
Name Check Status:Name Check Approval Date:
I-485 Status:approvedI-485 Approval/Denial Date:03 Mar 2012
Card Production Ordered:03 Mar 2012Card Received Date:12 Mar 2012
EAD Applied?:yesAP Applied?:yes
EAD Approval Date:08 Feb 2012AP Approval Date:08 Feb 2012
EAD Received:12 Feb 2012AP Received:12 Feb 2012
Time to Get EAD Approval:54 daysTime to Get AP Approval:54 days
Time to Get Fingerprinting Done:38 daysTotal Time to Get GC:78 days
Most Recent LUD:Days Elapsed:
Experience:
Case Added to Tracker: 04 Jan 2012 Last Updated: 13 Apr 2016
Notes:
geewhiz's Posts
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Posted in H-1B Forum on 12 Apr 2017
Topic: Port of entry - H1B Visa holders

Is "INDIA" an acronym for something?
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Posted in I-485 Forum on 08 Feb 2017
Topic: 221g - An unnoticed scam


Until we speak up, 221g is not going away.

People go to meet their family members and their vacation turn into nightmare. Removal of 221g should be part of Visa reform.

221g is given mostly after asking sham question. They ask question as if they don't trust USIS who has issue visa petition.

Speak against 221g.



Let's be clear... Any immigration reform will not be a net positive for immigrants given the GOP and Trump's platform. So you can keep hoping that "221g" is removed (Note: This section actually details the procedures for denying a visa in case of an incomplete application or not enough supporting documentation to an applicant, so can't be "removed." It applies to all visa classes, including tourist visas), but its not going to happen. If anything, things will get worse.

Also, to be clear, I am not rooting for this. In fact, as an immigrant myself, I am hoping that the GOP's and Trump's immigration "reform" fails because they are hell-bent on making immigrants' lives harder, not easier.
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Posted in I-485 Forum on 06 Feb 2017
Topic: Filing i 485 with E2 visa

Not the same thing, but similar - I had to deal with a similar situation because of my spouse's E-3 visa. Our lawyer advised us that - the minute the I-485 is filed, you have exhibited immigrant intent. As such, the E-3 visa lapses and you will not be allowed to re-enter the US on that visa. You must use your EAD/AP to enter and work.

If, for any reason, your I-485 is rejected, the E-3 visa cannot be re-applied for unless you demonstrate convincingly that you no longer hold that immigrant intent. At a minimum, such a filing would have to be after a considerable amount of time has passed for it to hold any argument.
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Posted in I-485 Forum on 06 Feb 2017
Topic: Who owns patent? Inventor or Employer or Both

OP - Also be aware that most employers' employment handbooks have verbiage that make you grant them all intellectual rights to anything you develop while gainfully employed at the firm. At the very least, expect a long drawn out lawsuit if you file a patent individually in your name.

I would recommend that you carefully read your offer letter and employee handbook.
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Posted in I-140 Forum on 30 Jan 2017
Topic: H4-EAD is not going anywhere

THere is sufficient evidence that Climate change exists, and that there was no voter fraud. Yet, DT has denied the former, and is going to investigate the latter. In other words, evidence doesn't matter. The current administration wants to crack down on immigration and immigrants and will do so with all tools at its disposal. It behooves all of us on this forum to accept and prepare for this.
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Posted in I-485 Forum on 14 Jul 2016
Topic: Recapture 500K Green Cards


nobody believes this 'highly skilled workers' and 'foreign talent' crap any more. The public perceives H1B as the 'American replacing' outsourcing visa.



Don't worry. These petitions aren't gonna go anywhere. They rarely ever hit 100k - perhaps a statement on how popular these are with the American public - and if they do, they are usually signed by non-voters and hence need not be responded to by the White House (see details here: https://petitions.whitehouse.gov/about#terms).

If the White House responds, they say something sterile such as "We have always supported comprehensive immigration reform".

Ultimately, any action requires an act of congress, and given that Americans do not really buy the "highly-skilled" argument, and do not much care for it, it is highly unlikely that anything will happen. This is not a statement on whether the immigrants in question are "highly-skilled" or not; it is a matter of perception amongst the voters. Vox has an excellent article on this:
http://www.vox.com/2016/7/11/12106796/clinton-i...

Essentially that the dems consider "highly-skilled" visas as a bargaining chip for solving the undocumented immigrant problem, while the republicans led by Trump want to quash "highly skilled visas" totally. In other words, despite all the venom spewed on undocumented migrants here, working with them is the best of two options available for "highly skilled" immigrant activists.
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Posted in I-485 Forum on 13 Jul 2016
Topic: September 2016 Visa Bulletin Predictions


Please spread this to all your friends whom you know, your family members and relatives to sign this petition to white house https://petitions.whitehouse.gov/petition/no-res...

Today's target is to reach at least 25K+



These petitions are dime a dozen on this and similar forums. Most never hit the 100k mark; those that do will receive a sterile response from the WH about their position that has been stated all too often - That they support a comprehensive immigration reform process that brings our immigration system into the 21st century. Nothing else will come of this.

I suggest an approach that increases visibility in the press and an intensive behind-the-scenes lobbying effort with congresspersons and senators. Nothing else will work.
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Posted in I-485 Forum on 12 Jul 2016
Topic: Legally 5 yr GC 10 yr Citizenship


A more realistic campaign would be to be able to apply for citizenship 1 year post GC, *if* you have lived here for longer than 5 years when your GC was approved.

It makes no sense to me as to what I am going to learn about this country in 5 years after GC, that I haven't already learned in the last 12 years.

Most immigration laws in this country are archaic and highly unsuitable for 21st century.

In general, as per the wording of the law, the 5 year requirement is to ensure that you commit to living in this country and not for you to learn about it. I'm any case, your point is valid
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Posted in I-485 Forum on 12 Jul 2016
Topic: Legally 5 yr GC 10 yr Citizenship


5 year paid taxes..GC
10 year..Citiship..
Can we campaign this



Everyone pays taxes if they wish to live here, including US citizens. Why do you believe that immigrants should be entitled to special treatment if they pay taxes for 5 years of living here?
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Posted in I-485 Forum on 12 Jul 2016
Topic: ##Need Help Please. Can I apply for GC if my wife is not US?#

1 - no, I-485 is for adjustment of status and can only be applied for those who are currently in the United States. You will have to apply for consular processing if she continues to be offshore.
2 - yes, cross chargeability applies irrespective of your onshore/offshore status.

However, the most optimal route is to get your wife to apply for an H-4 visa, have her join you in the US and then file your I-485. You would get an EAD within 90 days for both of you, and your wife can then look for work. Your I-485 will be processed within 3-6 months and both of you would have your green cards.
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Posted in I-485 Forum on 11 Jul 2016
Topic: Apply GC for spouse while GC(EB1) of mine in progress


wow thats very informative...hey Zzzzzz budd i have following questions for u:

[1] if the spouse already has a B1/ B2 visa can she enter US for a brief stay while she is also undergoing her consular processing in home country?

[2] if the spouse in home country is married to a person with I-485 pending and she has a stamped F1 visa with admit to univs here- can she come inside country with the intent to only study and then decide later about applying for her own I-485?

thanks a lot



Generally speaking, CBP officers at the port of entry, or DOS employees at the embassy will invalidate any non-immigrant visa if an immigrant petition is pending. This is done because the immigrant petition proves that the beneficiary has immigrant intent and hence is in violation of the requirement to have non-immigrant intent that is inherent to non-immigrant visas like B1/B2 or F1. Note that H visas like H-1B or H-4 are dual intent and won't be canceled.

As a matter of practicality though, it takes a few weeks to a couple months for the systems to update and your fiancée/spouse might be able to get in if the I-485 or I-130 was filed only a few weeks ago. I would however steer clear of this.
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Posted in I-485 Forum on 11 Jul 2016
Topic: AUG-2016 Visa Bulletin Prediction


They have decided to investigate fraud in EB1C. NO GC for EB1C until they establish new rules. Ability to pay is going to be the top priority and many EB1C fraudsters will leave.



This is confirmed. It's part of a new investigative agency established by President Trump.
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Posted in I-485 Forum on 11 Jul 2016
Topic: What happens when dates retrogress for already filed 485s?


Will they still process the pending cases during the month of July, till August is effective ?




No. Think of the visa bulletins as a report on the current state of play. It is simply a snapshot of dates that USCIS thinks they will be able to process next month. If they run out of visa numbers on, say July 14, all filed cases enter the pending queue even though the July visa bulletin is in effect until July 31. The only added benefit it confers is that applicants can file for adjustment of status thru Jul 31 even though the processing has stopped, thus allowing them to benefit from an EAD card.
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Posted in I-485 Forum on 05 Jul 2016
Topic: Future of EB2 India


Maybe. But here is what you need to consider. USCIS is afraid of demographic change associated with people coming from one country. But even if they are not giving them GC, these people are having children who are citizens of this country. So this demographic change that USCIS is afraid of, is already happening. Whether they like it or not.



You do realize that USCIS is simply an executive body that is entrusted to administer a law written by Congress. USCIS does not have any agenda to prevent any demographic change. Any law changes that you ask for, whether it is the elimination of country quotas, imposition of company quotas etc, has to come from Congress and Congress alone.
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Posted in I-485 Forum on 05 Jul 2016
Topic: FMLA/workers compensation question



I was wondering what happens to my immigration status if the doctor deems that I am unable to return to my job in the same capacity and my employer doesn't have any modified duty available for me? Will I be out of status? I am a little concerned as God knows when I will get greened.
Thanks so much



Your question here doesn't have much to do with the FMLA, thus the usual H1b rules applies:
1. If your employer is willing to continue to hire you on a different role, just file a H1b amendment with the new job description/duty.
2. I do not quite understand what you mean by "modified role", but if your employer decides to terminate your employment - that's probably the end of your H1b status.

On the other hand, your GC is for your future position, so your current condition should not affect your application either, however, if at any point USCIS deems you are no longer qualified for that future position (usually happen in the I140 stage), they may deny your application.



I am afraid its a bit more complicated than that. Your response on H-1B is correct in that the employer can file a separate H-1B petition for a job with modified duties that you are able to medically perform and it will be approved or denied on its own merits. However, re: OP's green card, the PERM was filed with specific job duties. If the beneficiary of the green card petition is no longer able to perform the job duties as originally described because of a medical disability, that PERM can no longer be used in association with a green card petition. As such, your employer will have to file a new PERM petition and then refile the I-140.

Depending on your circumstances, you may be eligible to port your priority date, but I would suggest that you urgently consult an immigration attorney if you believe that you are at risk of being declared medically unfit to perform the job duties precisely as described in your PERM application.
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Posted in I-485 Forum on 09 Jun 2016
Topic: Old picture on my Son's green card

I would get it changed. They usually compare pictures and if the photo is for a person visibly younger than the date would suggest, you may get some aggressive questioning at the airport or land border. Its better to avoid the hassles and get it fixed. I think you can get this done without any out-of-pocket costs to yourselves.
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Posted in I-485 Forum on 22 Apr 2016
Topic: June 2016 Visa bulletin Prediction

Also an interesting thing to think about. Everyone loves to hate the country quotas. However, the best way to think about it is that it isn't a quota system but a priority system. Bear with me as I explain.

The system is designed to say that the first 9,800 applicants, segmented by the 5 EB priority categories from each country are given priority. Everyone else goes back in line and benefits if not enough people apply to exhaust the national visa numbers. The total visas are capped at 140,000 a year.

When one thinks about this, it is clearly designed not to encourage diversity but to ensure that no single nationality crowds out all others. It isn't designed to punish or exclude any nationality, but is designed to provide access to the country's immigration system on an equal footing.

Putting aside your own personal interests, one can see how this system is both fair and beneficial to the US. While it obviously railroads Indians the most, one must agree that such a system is necessarily equitable and ensures that this does not disadvantage others.

I fully support measures to alleviate the plight of Indian applicants, including increasing the number of green cards available and recapturing lost visas. However, surely, most people will agree that there is benefit to ensuring that the immigration pathways are kept open for all those who wish to enter the US.
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Posted in I-485 Forum on 22 Apr 2016
Topic: June 2016 Visa bulletin Prediction


I hope no visa numbers are wasted as there is no way to get them back for assignment. I am not blaming CO. Number of applicants is certainly a challenge but then the systems are old and need to adapt to the increasing volume and category upgrades to increase visibility. People from all the developing countries (including India) want to come to US to reside. Its high time USCIS and DOL upgrade their systems.



The USCIS is supported by fees alone and does not benefit from taxpayer dollars. Upgrading systems and hiring additional resources takes money. Put two and two together and you realize that the only way to do so is to jack up visa and application fees.

If they did that, there'd be a litany of complaints on this forum. There are plenty of over-entitled posts here anyway about how people pay taxes (WHAAA... HOLD YOUR HORSES)... Can you imagine the posts if that came to pass?
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Posted in I-485 Forum on 20 Apr 2016
Topic: green card - canada visit - for indians

Also note that it is true that you only need your green card to enter. No passport needed.
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Posted in I-485 Forum on 20 Apr 2016
Topic: green card - canada visit - for indians


you do not require a visa.
They also do not check passport but you can carry it with you.
You can rent a car in USA and drive across the border.
You are also not required to fill out ETA for land crossing. It only applies to air travel.



Please see all the details about eTA on the Canadian embassy's website here:
http://www.cic.gc.ca/english/visit/index.asp

I suggest you go over it carefully to make sure you aren't stranded at the border. It does seem that it applies only to air travel.
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