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I am from United States |
| I last logged in on 26 Mar 2009 |
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I have been a member since 17 Oct 2006
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| I have added
343 posts in trackitt forums
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I added my last post on 20 Mar 2009
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harapata's Immigration Cases
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| I-485 case:
Approved
(8 comments)
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| User: |
harapata |
Nationality: |
United States |
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| Country of Chargeability: | Pakistan | Applicant Type: | primary | | | Service Center: | Nebraska | Category: | EB2 | | | Priority Date: | 06 Apr 2006 | Application Filed: | | | | USCIS Received Date: | 01 Jan 2007 | USCIS Notice Date: | 01 Jan 2007 | | | USCIS Receipt Number: | | I-140/485 Filing: | non-concurrent | | | I-140 Processing Type: | regular | I-140 Approval Date: | 04 Aug 2007 | | | First Fingerprint Date: | | Second Fingerprint Date: | | | | RFE Received?: | no | RFE Received Date: | | | | Reason for RFE: | | RFE Replied Date: | | | | Case Transferred to: | | Transfer Date: | | | | Name Check Status: | pending | Name Check Approval Date: | | | | I-485 Status: | approved | I-485 Approval/Denial Date: | 01 Jan 2008 | | | Card Production Ordered: | | Card Received Date: | | | | EAD Applied?: | yes | AP Applied?: | yes | | | 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: | | Total Time to Get GC: | 0 days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
12 Oct 2008 |
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| Notes: |
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| I-140 case:
Approved
(0 comments)
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| User: |
harapata |
Nationality: |
United States |
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| Applicant Type: | | Service Center: | Vermont | | | Category: | EB2 | Priority Date: | 08 May 2007 | | | Application Filed: | | USCIS Received Date: | 19 May 2007 | | | USCIS Notice Date: | 19 May 2007 | USCIS Receipt Number: | | | | I-140/485 Filing: | non-concurrent | Processing Type: | regular | | | RFE Received?: | no | RFE Received Date: | | | | Reason for RFE: | | RFE Replied Date: | | | | Application Status: | approved | Approval/Denial Date: | 19 Aug 2007 | | | Total Processing Time: | days | Most Recent LUD: | | | | Days Elapsed: | | |
| Case Added to Tracker: |
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Last Updated: |
12 Oct 2008 |
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| Notes: |
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| I-765 (EAD) case:
Approved
(4 comments)
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| User: |
harapata |
Nationality: |
United States |
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| Application Type: | new application | Service Center: | Texas | | | Filing Method: | paper-based | Application Filed: | | | | USCIS Received Date: | 04 Jan 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: | 17 Feb 2008 | Card Production Ordered: | | | | EAD Received: | | Total Processing Time: | days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
14 Oct 2008 |
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| Notes: |
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| I-131 (Advance Parole) case:
(2 comments)
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| User: |
harapata |
Nationality: |
United States |
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| Service Center: | Vermont | USCIS District Office: | | | | Filing Method: | paper-based | Application Filed: | | | | USCIS Received Date: | | USCIS Notice Date: | | | | USCIS Receipt Number: | | RFE Received?: | no | | | RFE Received Date: | | Reason for RFE: | | | | RFE Replied Date: | | Application Status: | pending | | | Approval/Denial Date: | | AP Received: | | | | Total Processing Time: | | Most Recent LUD: | | | | Days Elapsed: | days | |
| Case Added to Tracker: |
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Last Updated: |
12 Oct 2008 |
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| Notes: |
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| H-1B case:
(9 comments)
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| User: |
harapata |
Nationality: |
United States |
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| Application Type: | new | Service Center: | Texas | | | Processing Type: | premium | Application Filed: | | | | USCIS Received Date: | 05 Feb 2007 | Receipt Number: | | | | RFE Received?: | no | RFE Received Date: | | | | Reason for RFE: | | RFE Replied Date: | | | | Application Status: | pending | Approval/Denial Date: | | | | TN Status: | | Most Recent LUD: | | | | Total Processing Time: | | Days Elapsed: | days | | |
| Case Added to Tracker: |
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Last Updated: |
12 Oct 2008 |
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| Notes: |
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| harapata's Posts |
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Topic: Filing WOM when priority date is not current
If you have already agreed to the 30 day extension, then you want to contact AUSA a week or so before the extension expires to get an idea abt. whats going on.
harapata.......
how long before I can contact AUSA regrading the extension they had asked for.
They asked for a 30 day extension
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Topic: Filing WOM when priority date is not current
maher,
PACER subscription or registration is done online and is free
The link is:https://pacer.psc.uscourts.gov/psco/cgi-bin...
But when you view or search cases documents, you will be charged, it was $0.08 (8 cents) per page. so if you download a PDF that contains the Complaint filed by the plaintiff, and it has 10 pages, you will be charged 80 cents. Usually court orders are freely available on the court's website. It's a good idea to get a subscription because you can look at arguments by professional lawyers in similar cases and then build your cases accordingly. | | | |
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Topic: Filing WOM when priority date is not current
mandamusfiler,
I would suggest search http://forums.immigration.com/showthread.php?t=... for "priority date not current", "PD not current" etc to get a detailed descriptions of potential arguments. You will probably find few folks who went through this scenario.
Instead of finding out what arguments could be presented for PD not current, you want to make sure that your case gets adjudicated before the PD are retrogressed.
You should mention in the Complaint that if USCIS doesn't adjudicate your case before the next visa bulletin is published, your PD may retrogress and this will cause unrepairable harm to you by forcing you to wait for unknown period of time.
Murthy firm in fact filed such a case and you can see example here: http://forums.immigration.com/showpost.php?p=18...
Look here http://forums.immigration.com/showpost.php?p=19... | | | |
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Topic: Filing WOM when priority date is not current
No, if the lawsuit is dismissed by the court that means court has decided they can't ask USCIS to adjudicate your pending I-485. In other words USCIS can't deny your case in retaliation and just because your file lawsuit.
Thanks once again. Is there something bad that can happen to the pending I-485 case if the lawsuit is dismissed?
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Topic: Filing WOM when priority date is not current
It's not that you can't go for WOM in your case. Although your PD was current for some time in the past and USCIS "should have" adjudicated your case but they didn't. You can certainly point that you in your Complaint that if it weren't for USCIS's inaction, you could have gotten your AOS processed.
If you are familiar with the WOM process, you would know that AUSA (Assistant US Attorney) who represents USCIS will either come up with usual objections:
1. Court doesn't have jurisdiction
2. The case is not unreasonably delayed
3. In your case, PD is not current so they can't adjudicate.
It's easy to overcome #1 and #2 but #3 is little harder. You may want to search the http://forums.immigration.com/showthread.php?t=... for "PD not current" cases and see what arguments are they using. In normal course of events, when your PD does become current in future, USCIS is not going to adjudicate your case automatically. It's just little tricky and chances of success are not too great when PD is not current.
Since you have the additional error in USCIS's part of messing up A#s, you may have a better chance. | | | |
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Topic: Filing WOM when priority date is not current
You can sue because if your case has been "unreasonably delayed". You don't have to be USC or GC holder to do that. See here http://forums.immigration.com/showthread.php?t=... for countless brave souls who have done it. I'm among one of those who have done it on my own(file Pro Se) and got GC within two months. God helps those who help themselves.
We just cant sue because we have been waiting for 600 days..thats the american citizens way, and we are not yet permanent residents!
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Topic: Filing WOM when priority date is not current
When you file for WOM, you ask court to compel USCIS to make a decision (approval or denial) on your AOS/I-485 application. Before court can compel USCIS to make a decision, you need to convince the court that it has the power(jurisdiction) to compel USCIS to make a decision. You do that by presenting your arguments that law gives courts the power over decision unlawfully witheld. In a typical AOS case, the decision to approve or deny is discretionary but decision to "never make a decision" is not dicrectionary, meaning that USCIS cannot forever delay making a decision on your case. It should make a decision "within reasonable time" whether approval or denial. So first court should agree that it has jurisdiction over your case and second should determine if the USCIS has unreasonably delayed your case. If the court doesn't think that it has jurisdiction on your case, it doesn't proceed to the second step and your AOS remains pending with USCIS.
If you PD is not current, you can still file WOM but it's going to be relatively difficult to convince the court because USCIS will be quick to respond by claiming that it can't adjudicate your case because it's prohibited by law because of PD not being current. Of course there's a long list of counter arguments and there are examples where such cases were adjudicated but it's not as easy as if the PD was current. Hope that makes sense.
Let me know if you have any follow up questions.
I found some more favorable and adverse decisions at http://www.ailf.org/lac/clearinghouse_man.... Some of the adverse decisions were made with the reason "Dismissed for lack of jurisdiction over mandamus suit on I-485 application" What does that mean?
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Topic: I-485 is pending from 2 years and 2 months
Not all of them all the time but some of them most of the time.
Attorney General of USA
USCIS Director
Service Center Director
F B I Director
USCIS District Director
Secretary of DHS
who is the normally the defendants in WoM?
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Topic: I-485 is pending from 2 years and 2 months
hereismygc filed WOM and got his GC I think in two months. There are some others have recently filed WOMs and got their GCs. See http://forums.immigration.com/showthread.php?t=... and look at few pages at the end.
Any person who filed WoM ?????????????????????????
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Topic: I-485 is pending from 2 years and 2 months
Sajid,
The 60 day deadline runs out on 4/29 in your case so you will definitely hear something by then. It's not unusual for AUSA to be assigned late in the process. AUSA may delay responding till the last minute only to file an extension for another 30 days and work with USCIS to get your case adjudicated. I think some AUSAs just want to get it resolved with USCIS and others may put up a fight even though that's a losing battle in most cases as USCIS doesn't really have any valid excuse to hold the adjudication for so long except of course their innate laziness and malfeasance. I would say check with your lawyer and see how things are looking. Technically, AUSA has until the ed of the 60th day to file an answer.
You alien # mismatch may have been part of the problem. Believe me if AUSA wants to get it resovled, USCIS will act on your case and most likely approve faster than you imagine.
Good luck! | | | |
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Topic: Adding wife to 485
Technically speaking you don't "add" your spouse to your pending I-485. She will apply independently on a separate I-485 application.
Your PD has to be current for her to be eligible to apply for AOS. | | | |
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Topic: Finally WOM!
That is not too bad if in fact AUSA is in touch with USCIS and if following up with them. Good luck! | | | |
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Topic: Finally WOM!
Waiting4everAl, If AUSA is asking for extension that means either he/she was lazy and didn't want to work on the case and will not get it resolved within the extension requested OR he is already working with USCIS and needs more time to get your case processed. It really depends why is he asking for extension and that's why it's important to agree to one with some sort of stipulation(conditional). For example, show you the progress he has made or some confirmation that the extension is not just a ploy to buy time only to file an answer or motion to dismiss at the end of the extension. AUSAs can ask for even more extension and drag the case. See here for more: http://immigration-information.com/forums/blog.... | | | |
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Topic: Finally WOM!
zkhan, filing pro se will cost you $350 + cost of copying and mailing. Ideally you could be done under $500 | | | |
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Topic: Finally WOM!
If the AUSA asks for an extension it's a good sign if he/she is actually working with USCIS on your case. If this is to just buy time and prolong the process, then not very helpful. In any case, the extension should not be agreed to lightly. 60 days are more than enough to adjudicate an AOS. | | | |
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Topic: Finally WOM!
I assume that you filed WOM Pro Se (without an attorney). You can send an email to AUSA or call him/her directly. Introduce yourself and ask you wanted to get in touch and see where things are. You can politely remind about the upcoming deadline as well. It's not as scary as it may sound to contact AUSA. The contact information should be available from the court filings in PACER. | | | |
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Topic: Finally WOM!
If there are only 10 days left for the AUSA to respond, I would contact AUSA and see where things are. Technically AUSA can file a response on the 60th day and it would still be on time. The purpose of contacting AUSA is to get a feel if he/she is trying to resolve it with USCIS or will fight it. Good luck! | | | |
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Topic: USCIS Abandons Current Policy of Not Requiring NC Results for I485 Cases Pending over 180 days
Guys, This is significant as USCIS now will not automatically approve I-485 when the NC has been pending for more than 180 days where application was otherwise approvable rather will contact USCIS HQ that in returns is supposed to reach out to F B I. You know how that goes. There are not automated systems in place to run all this smoothly and this will result in delays. | | | |
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