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I am from Indonesia |
| I last logged in on 06 Oct 2009 |
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I have been a member since 17 Jan 2009
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| I have added
51 posts in trackitt forums
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I added my last post on 15 Jun 2009
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jetsetboi's Immigration Cases
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| I-485 case:
Pending for 968 days (541 days more than average)
(0 comments)
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| User: |
jetsetboi |
Nationality: |
Indonesia |
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| Country of Chargeability: | Indonesia | Applicant Type: | primary | | | Service Center: | Nebraska | Category: | EB3 | | | Priority Date: | 08 Jun 2007 | Application Filed: | 25 Jul 2007 | | | USCIS Received Date: | 26 Jul 2007 | USCIS Notice Date: | 22 Aug 2007 | | | USCIS Receipt Number: | LIN0724****** | I-140/485 Filing: | concurrent | | | I-140 Processing Type: | regular | I-140 Approval Date: | 02 Jun 2009 | | | First Fingerprint Date: | 27 Sep 2007 | Second Fingerprint Date: | | | | RFE Received?: | yes | RFE Received Date: | 07 Jul 2009 | | | Reason for RFE: | Asked for copy of birth certificate and its English translation, as well as a letter of employment verification | RFE Replied Date: | 04 Aug 2009 | | | Case Transferred to: | | Transfer Date: | | | | Name Check Status: | not sure | Name Check Approval Date: | | | | I-485 Status: | pending | I-485 Approval/Denial Date: | | | | Card Production Ordered: | | Card Received Date: | | | | EAD Applied?: | yes | AP Applied?: | yes | | | EAD Approval Date: | 04 Oct 2007 | AP Approval Date: | 25 Feb 2008 | | | EAD Received: | | AP Received: | | | | Time to Get EAD Approval: | 71 days | Time to Get AP Approval: | 215 days | | | Time to Get Fingerprinting Done: | 64 days | Total Time to Get GC: | | | | Most Recent LUD: | 07 May 2009 | Days Elapsed: | 967 days | | |
| Case Added to Tracker: |
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Last Updated: |
06 Sep 2009 |
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| Notes: |
Soft LUD 9/5/08; Soft LUD 5/7/09; RFE Received 7/7/09; RFE Responded 8/4/09; Case resumed processing as of 8/5/09 |
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| I-140 case:
Approved in 687 days (416 days more than average)
(12 comments)
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| User: |
jetsetboi |
Nationality: |
Indonesia |
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| Applicant Type: | primary | Service Center: | Nebraska | | | Category: | EB3 | Priority Date: | 08 Jun 2007 | | | Application Filed: | 16 Jul 2007 | USCIS Received Date: | 17 Jul 2007 | | | USCIS Notice Date: | 18 Jul 2007 | USCIS Receipt Number: | LIN07210***** | | | I-140/485 Filing: | concurrent | Processing Type: | regular | | | RFE Received?: | no | RFE Received Date: | | | | Reason for RFE: | | RFE Replied Date: | | | | Application Status: | approved | Approval/Denial Date: | 02 Jun 2009 | | | Total Processing Time: | 687 days | Most Recent LUD: | 07 May 2009 | | | Days Elapsed: | | |
| Case Added to Tracker: |
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Last Updated: |
02 Jun 2009 |
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| Notes: |
Soft LUD 7/27/08; Opened SR on 3/4/09; Soft LUD 3/18/09, 3/19/09; Lawyer Opened 2nd SR on 4/3/09; Lawyer opened AILA inquiry early May 2009; Soft LUD 5/7/09; Approval Notice Sent 6/2/09 |
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| I-765 (EAD) case:
Approved in 58 days (10 days more than average)
(0 comments)
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| User: |
jetsetboi |
Nationality: |
Indonesia |
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| Application Type: | renewal | Service Center: | Nebraska | | | Filing Method: | electronic | Application Filed: | 18 Aug 2008 | | | USCIS Received Date: | 19 Aug 2008 | USCIS Notice Date: | | | | USCIS Receipt Number: | LIN08232***** | RFE Received?: | no | | | RFE Received Date: | | Reason for RFE: | | | | RFE Replied Date: | | Application Status: | approved | | | Approval/Denial Date: | 15 Oct 2008 | Card Production Ordered: | | | | EAD Received: | | Total Processing Time: | 58 days | | | Most Recent LUD: | 20 Oct 2008 | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
11 Jun 2009 |
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| Notes: |
Extension of EAD
2nd EAD valid from 10/15/08 until 10/14/10
1st EAD valid from 10/04/07 until 10/03/08 |
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| I-131 (Advance Parole) case:
Approved
(0 comments)
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| User: |
jetsetboi |
Nationality: |
Indonesia |
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| Service Center: | Nebraska | USCIS District Office: | | | | Filing Method: | electronic | Application Filed: | | | | USCIS Received Date: | 28 Oct 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: | 19 Dec 2008 | AP Received: | | | | Total Processing Time: | days | Most Recent LUD: | | | | Days Elapsed: | | |
| Case Added to Tracker: |
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Last Updated: |
25 Jan 2009 |
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| Notes: |
Second AP Application - Approved 12/19/08. Valid 12/19/08 until 12/18/09
First AP Applicaiton Ends 2/28/09 |
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| I-131 (Advance Parole) case:
Approved
(0 comments)
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| User: |
jetsetboi |
Nationality: |
Indonesia |
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| Service Center: | Nebraska | USCIS District Office: | | | | Filing Method: | electronic | Application Filed: | | | | USCIS Received Date: | 19 Jul 2007 | USCIS Notice Date: | | | | USCIS Receipt Number: | | RFE Received?: | no | | | RFE Received Date: | | Reason for RFE: | | | | RFE Replied Date: | | Application Status: | approved | | | Approval/Denial Date: | 25 Feb 2008 | AP Received: | | | | Total Processing Time: | days | Most Recent LUD: | | | | Days Elapsed: | | |
| Case Added to Tracker: |
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Last Updated: |
25 Jan 2009 |
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| Notes: |
First AP Application |
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| Chicago PERM case:
Approved in 7 days (76 days less than average)
(0 comments)
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| User: |
jetsetboi |
Nationality: |
Indonesia |
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| PERM Filed (Priority Date): | 08 Jun 2007 | Category: | EB3 | | | Audit Received?: | no | Audit Received Date: | | | | Reason for Audit: | | Audit Replied Date: | | | | Application Status: | approved | Approval/Denial Date: | 15 Jun 2007 | | | Total Processing Time: | 7 days | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
13 Mar 2009 |
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| Notes: |
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| H-1B case:
(3 comments)
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| User: |
jetsetboi |
Nationality: |
Indonesia |
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| Application Type: | extension | Service Center: | California | | | Processing Type: | premium | Application Filed: | 23 Feb 2009 | | | USCIS Received Date: | 24 Feb 2009 | Receipt Number: | WAC-09103XXXXX | | | RFE Received?: | yes | RFE Received Date: | 04 Mar 2009 | | | Reason for RFE: | Need details of consulting project currently assigned and signed contract | RFE Replied Date: | | | | Application Status: | denied | Approval/Denial Date: | 27 Apr 2009 | | | TN Status: | | Most Recent LUD: | 26 Feb 2009 | | | Total Processing Time: | 63 days | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
02 Jun 2009 |
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| Notes: |
Filed for 6th year extension on my H-1B under Premium Processing on 2/23/09. RD = 2/24/09. Received RFE 3/4/09; Denial Notice Sent 4/27/09; Could be because project contract is a short, and they are looking for something long term; In the process of refil |
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| jetsetboi's Posts |
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Topic: AC-21 -- Memos and Analyses
Thank you. These are helpful! | |  |  |
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Topic: I140 Approval Notice not shared
Well technically the I-140 is an employer's document, so they get to keep the original. But I agree they should have shared it with you. How I found out about my I-140 approval is through the automatic email updated from USCIS, and then the company's lawyer sent an email to the employer and cc'ed me. I got the copy from the attorney, and the original is kept by the employer, which is expected, because I-140 again is an employer's document. | | | |
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Topic: AC21 documents for a consulting position
Can someone tell me what does the AC21 package consist of, and what's the process and timeline to file AC21? Is it to be filed by the attorney or you can do it yourself? Thanks. | | | |
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Topic: H1b denial
Here is the summary for everyone:
Pending I-485 and have valid EAD in possession = In Status, Can Live in the US, and Can work in the US
Pending I-485 and no valid EAD in possession = In Status, Can Live in the US, but Can NOT work in the US
Approved I-140, Not yet filed I-485, valid H-1B status = In Status, Can Live in the US, and Can work in the US
Approved I-140, Not yet filed I-485, expired H-1B (but have pending H-1B extension application) = In status, Can Live in the US, and Can work in US
Approved I-140, Not yet filed I-485, and expired H-1B status (and no pending H-1B extension) = OUT OF STATUS
Any other scenarios I am missing? | | | |
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Topic: Stunned by IO's answer at Infopass
Californiaguy,
The AOS status is the Adjustment of Status (AOS) Status, maybe there is a better word for it ? Anyway, if you have a valid H-1B please use it till It expires and continue to be in that status. | | | |
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Topic: Stunned by IO's answer at Infopass
Yes, your congressman may be able to help you if your EAD is pending more than 90 days.
However, there is one thing you seem to misunderstand: The EAD does *NOT* give you any kind of status. It is merely a document that allows you to work. Contrary to what a few people seem to think, there is no such thing as "EAD status" and having a card does not entitle you to stay in the US. It only entitles you to work. What keeps your presence in the US authorized is the fact that you have a pending I-485 application.
As long as you have a pending I-485, your presence in the US is authorized *regardless* of whether you have an EAD card or an AP document. EADs and APs are optional for those who need them, but they don't confer any immigration status or lawful presence or anything like that.
So if your EAD expires, you will still be in authorized stay in the US. The EAD expiration won't change that. But you won't be able to work until you get the new one, that's all.
Yes, what Palguy said is correct. I was personally confused myself originally with all of these, but MrVulcan also said the same thing in one of his responses to my post, so I believe this is a fact. There is NO such thing as EAD status. There is, however, an AOS status, I believe. The AOS status exists when you have a pending I-485 status and no longer on H-1b status. In my case, for example, my H-1B will expire in July 2009, but I don't have to renew my H-1B (as we know, H-1B extension is VERY hard these days), however I am not worried because I will be able to stay in the US (because of my pending I-485) and work in the US (because of my valid EAD). The only downside of not having an H-1B status anymore is that when you I-485 is denied then you will lose your EAD immediately, and as a result you cannot live and work in the US anymore, as there's no H-1B to 'fall back' to ...
My question though ... is there such thing as a 'PAROLEE' status? What is the status you hold when you enter the US with a valid Advance Parole (AP) document? | | | |
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Topic: When does one loose H1 status
Thank you MrVulcan for such a detailed response. Could you elaborate on the visa revalidation that you eluded? Everytime I leave the US they always take my I-94. How do I get to keep my I-94? What's visa revalidation mean? | | | |
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Topic: When does one loose H1 status
MrVulcan:
I am kinda in a similar situation ... Maybe you can help clarify?
My I-140 just got approved a few days ago, and I have a pending I-485, and valid, unused EAD expiring October 2010. My current H-1B is expiring July 5th, 2009 (It is only my 5th year, and technically I have 1-year left to get to the maximum 6 years). I want to know what is the best strategy and, more importantly, MAINTAIN legal status AT ALL TIMES, with NO period of illegality, not even 1 day! My questions are:
1) Should I apply for the 1-year extension to 'consume' the alloted 6-year timeframe FIRST, or use the EAD right away, and not worry about extending my H-1B visa? My worry of NOT extending the H-1B is the DIFFICULTY and the CHALLENGE/PUSH BACK when it comes for me to adjust status a few years from now that they will ask about your status. EAD, I know, is NOT a status. It is just a work permit. H-1B is a status. I was told to ALWAYS maintain H-1B status AT ALL TIMES until your AOS is approved. Otherwise, there is possibility that you will be given push back at AOS interview and your GC could get denied. Is this correct? What's the law says?
2) Does the 3-year H-1B extension based upon approved I-140 ONLY apply to those who HAVE NOT applied for I-485? In my case, as you can see from my profile, I already applied for I-485 back during the July 2007 fiasco and my I-485 has been pending. With that, am I not eligible for the 3-year H-1B extension, but instead I am eligible for 1-year extension at a time? Please confirm.
3) Now let's talk about timing ... My current H-1B status expires July 5th, 2009. Today is June 5th, 2009. Do you think even if my employer applies for the H-1B extension TOMORROW on June 6th, 2009, and assuming they DO NOT want to use premium processing, which then results my H-1B will not be approved by July 5th, 2009, my question is then should I invoke my EAD on July 6th, 2009 (1 day after the expiry date of my current H-1B status) so I can legally work, or I can still work (without invoking EAD) because of a pending H-1B extension application?
4) If I do NOT invoke my EAD on July 6th, 2009, what IS my status effective July 6th, 2009?
5) If I do invoke EAD on July 6th, 2009, what IS my status effective July 6th, 2009?
6) I have an impression that my employer is hesitant of extending my H-1B because they could say 'Well, you already have an EAD, and you can still use that to work, why do we need to spend more money to extend your H-1B?' ... My point to them would be that I want to maintain H-1B status at ALL TIMES to prevent challenges and push back from the IO few years from now when they adjudicate my AOS application ... Is this a correct course of action? HOW DO I MAKE MY EMPLOYER UNDERSTAND THIS? I am willing to pay on my own dime to get the H-1B extended.
7) Now let's talk about Advance Parole ... I do have a valid AP that expires Dec 18, 2009 ... If I enter the US with an AP, is my status Parolee? If this is correct, then how do I change status from a parolee to an H-1B worker? ... Again, this goes back to the IMPORTANCE of having an H-1B status, because I know I will be travelling to Canada a lot for work, and if I keep changing status BACK AND FORTH from parolee to H-1B worker back to parolee again back to H-1B worker, this is crazy! ... I know I will be travelling to Canada on a WEEKLY basis, and having an H-1B stamp on the passport makes things much more straight forward and streamlined ... Appreciate the help. I know there are tons of people who may benefit from these questions, as I am sure there are others on the same boat as I am. | | | |
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Topic: Pending I-485, Expiring H-1B, and Valid EAD
Hello all,
My I-140 just got approved a few days ago, and I have a pending I-485, and valid, unused EAD expiring October 2010. My current H-1B is expiring July 5th, 2009 (It is only my 5th year, and technically I have 1-year left to get to the maximum 6 years). I want to know what is the best strategy and, more importantly, MAINTAIN legal status AT ALL TIMES, with NO period of illegality, not even 1 day!
My questions are:
1) Should I apply for the 1-year extension to 'consume' the alloted 6-year timeframe FIRST, or use the EAD right away, and not worry about extending my H-1B visa? My worry of NOT extending the H-1B is the DIFFICULTY and the CHALLENGE/PUSH BACK when it comes for me to adjust status a few years from now that they will ask about your status. EAD, I know, is NOT a status. It is just a work permit. H-1B is a status. I was told to ALWAYS maintain H-1B status AT ALL TIMES until your AOS is approved. Otherwise, there is possibility that you will be given push back at AOS interview and your GC could get denied. Is this correct? What's the law says?
2) Does the 3-year H-1B extension based upon approved I-140 ONLY apply to those who HAVE NOT applied for I-485? In my case, as you can see from my profile, I already applied for I-485 back during the July 2007 fiasco and my I-485 has been pending. With that, am I not eligible for the 3-year H-1B extension, but instead I am eligible for 1-year extension at a time? Please confirm.
3) Now let's talk about timing ... My current H-1B status expires July 5th, 2009. Today is June 5th, 2009. Do you think even if my employer applies for the H-1B extension TOMORROW on June 6th, 2009, and assuming they DO NOT want to use premium processing, which then results my H-1B will not be approved by July 5th, 2009, my question is then should I invoke my EAD on July 6th, 2009 (1 day after the expiry date of my current H-1B status) so I can legally work, or I can still work (without invoking EAD) because of a pending H-1B extension application?
4) If I do NOT invoke my EAD on July 6th, 2009, what IS my status effective July 6th, 2009?
5) If I do invoke EAD on July 6th, 2009, what IS my status effective July 6th, 2009?
6) I have an impression that my employer is hesitant of extending my H-1B because they could say 'Well, you already have an EAD, and you can still use that to work, why do we need to spend more money to extend your H-1B?' ... My point to them would be that I want to maintain H-1B status at ALL TIMES to prevent challenges and push back from the IO few years from now when they adjudicate my AOS application ... Is this a correct course of action? HOW DO I MAKE MY EMPLOYER UNDERSTAND THIS? I am willing to pay on my own dime to get the H-1B extended.
7) Now let's talk about Advance Parole ... I do have a valid AP that expires Dec 18, 2009 ... If I enter the US with an AP, is my status Parolee? If this is correct, then how do I change status from a parolee to an H-1B worker? ... Again, this goes back to the IMPORTANCE of having an H-1B status, because I know I will be travelling to Canada a lot for work, and if I keep changing status BACK AND FORTH from parolee to H-1B worker back to parolee again back to H-1B worker, this is crazy! ... I know I will be travelling to Canada on a WEEKLY basis, and having an H-1B stamp on the passport makes things much more straight forward and streamlined ...
Appreciate the help. I know there are tons of people who may benefit from these questions, as I am sure there are others on the same boat as I am.
Jetsetboi | | | |
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Topic: AILA response on pending 140 - Stuck in Background check
Wow congratulations.. you just gave me hope again! I am approaching the 700 days mark and you were patiently waiting and waitng and got your approval... I am assuming I am in the same boat as a lot of people, can't verify if it's in security check or not, but I'll be patient I guess :) Congrats again! | | | |
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Topic: July/Aug 2007, EB3, NSC waiting for approval thread
I am on the same boat..
July 2007 NSC EB3 ... Last LUD on 5/7/09 because laywer opened AILA request
No RFE
Processing date is current though for NSC EB3, so does anyone know how much longer we all need to wait ???? | | | |
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Topic: LUD on I140
On my I-485, you're right the previous SLUD was from 2008 and then followed by this one that just happened today 5/7/09 | | | |
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Topic: LUD on I140
I see the same too with mine today ... both for I-140 and I-485 .. For the I-140 I am guessing it's due to SR that was opened by my attorney, but don't know why there's a soft LUD on my I-485 .. Both soft LUD's say 5/7/09 | | | |
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Topic: H-1B Extension Denied, Pending I-140 Application and Have EAD
Hi - I just received a notification that my 6th year H-1B Extension is denied ... So worried now ... I have a pending I-140 application and have an active, unused, 2-year EAD, as I filed concurrent with I-485. What should I do? I have not received the denial details yet, as it's still in the mail.
I also have an approved advance parole. My current H-1B visa STAMP is valid until July 2009. For travel purposes, I think I am good because even without an H-1 visa stamp, I can still travel overseas and enter with my active and approved advance parole, correct?
1) Refile H-1B extension?
2) Forget about H-1B extension and just use EAD instead?
If I use EAD from now on to work (while I-140 and I-485 are both pending), what is my status?
What are the pros and cons?
Thanks all | | | |
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Topic: November 2007 Cases
hi - i am 07/2007 with NSC EB3 | | | |
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Topic: Lud on Sunday july 27 2008
I am on the same boat, and I have an open SR that miraculously got opened when I called few weeks ago. My lawyer is doing another inquiry to USCIS this week to follow-up. I never got an RFE. Only Soft LUD on 7/27/08. My lawyer said there are still so many of July 2007 filers that have not been adjudicated. She did not mention how many though, but why would they advance the processing date to April 2008 if in reality there are still MANY July 2007 filers that have not been adjudicated yet???? | | | |
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Topic: Spring Suprise - Dates will move forward by July
Crusader and everyone,
Look at Ron's posting date ... He said what he said in January 2009, before the April visa bulletin was issued where most categories retrogressed a few years back! ... Don't you think the situation has now changed? He was predicting back in January 2009, that most categories would become current in the next few months ... January 2009 + a few months, could be NOW, and look what happened now, after what we saw on the April VB...
Not discrediting Ron by any means, but It'd be curious to see what really will happen in the next few months...
I want to know who the source of the original poster of this thread is!!!!! :) | | | |
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Topic: Spring Suprise - Dates will move forward by July
So let's say the date DOES become current for EB3 ROW and EB3 India, or MOVE forward significantly by a few years, my question is how does this affect people who ALREADY filed I-485 during the July fiasco, where every category already became current?
For example, in my case my PD was June 2007, and I am under EB3 ROW.
NSC Current processing time for I-485 for EB3 is Aug 15, 2007. My I-485 Receipt Date is a bit after that, so let's call it the receipt date is already CURRENT, just for the sake of discussion, because it's only a few days after the NSC processing date currently posted.
If the date does become current in July, don't you think people like us who were fortunate to be able to file in July 2007 are NOT really affected, because really I can't think of 'actionable' steps that we would be doing, other than just continue waiting and waiting until they look at our case, and process our case? Am I correct on this?
Yes, maybe they don't look at my case yet at this moment, because my PD is not current, and also because my I-140 is still pending, but c'mon we know USCIS is not always consistent in processing the cases ... Those with later receipt dates get approved sooner than those with earlier receipt dates, etc., there's no FIFO (First-In-First-Out) process here, as we know ...
So the fact that the dates will become current in July will ONLY benefit THOSE who have NOT applied I-485, as now they can apply I-485 and subsequently apply for A/P and apply for EAD, etc ...
Let me know if I am not correct.... ;) | | | |
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Topic: Travelling on AP
Only use AP as the last resource if you ABSOLUTELY cannot obtain a visa in your home country or elsewhere, maybe because of long processing time, or simply because you don't have the time to get a new visa stamp while back home.
Even if you use AP, you are STILL in H-1B status, ONLY if you have NOT used your EAD from the pending I-485 application (I have not checked your profile, so I don't know you have or don't have an EAD). If you use A/P to get into the US, I think you then need to get your H-1B revalidated? Can someone confirm this?
I have both a valid H-1B stamp and AP. I always gets in and out of the US on my H-1B stamp. I never use my A/P (I know it seems like a waste of money maybe to some people, but in my mind A/P is a 'safe net' ... If the Border Officer gives you a hard time with your H-1B visa (or maybe for some reason your H-1B visa is not scannable or whatever the case maybe), then you would use your AP to get into the country.
Applying H-1B these days should be pretty easy, at least in my home country that's for sure. The last time I applied for a new visa stamp, it only took them about 1 week. The only call-out my attorney always tells me is to avoid the peak travel times (e.g. Summer (June-Aug 2009) and Dec) when a lot of people may be approaching the US embassy for tourist visa applications and other kinds of visa ... You want to avoid that time as it may delay your visa processing, just because of the number of applicants applying at that time. Other than that, if you apply in non-peak travel time, they should process it quickly. | | | |
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Topic: Spring Suprise - Dates will move forward by July
How about EB3 ROW? I think this is all speculation, but hey I am up for a motivating story for the weekend! ;)
My PD is June 2007. | | | |
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