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| Hello, I'm kaisersose
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My nationality is India
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I last logged in 21 minutes ago
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I have been a member since 27 Jul 2007
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| I have added
145 posts in trackitt forums
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I added my last post on 07 Jan 2009
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kaisersose's Immigration Cases
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| I-140 case:
Approved in 257 days (38 days less than average*) (6 comments) (View approval trend) |
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| User: |
kaisersose |
Labor Filing Date: |
12 Mar 2007 |
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| Service Center: |
Nebraska |
Processing Type: |
regular |
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| Category: |
EB2 |
Filing Type: |
concurrent |
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| Application Mailed: |
26 Jul 2007 |
USCIS Received Date: |
27 Jul 2007 |
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| USCIS Notice Date: |
06 Sep 2007 |
RFE: |
no |
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| RFE Reply Date: |
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I-140 Status: |
approved |
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| Approval Date: |
09 Apr 2008 |
Nationality: |
India |
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| Last Updated: |
04 May 2008 |
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| Notes: |
Soft LUD on 05/12/2007 and just now the status changed to approval notice sent. |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence)
| I-485 case:
Pending for 531 days (160 days more than average*) (2 comments) (View approval trend) |
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| User: |
kaisersose |
Priority Date: |
12 Mar 2007 |
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| Service Center: |
Nebraska |
Category: |
EB2 |
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| Application Mailed: |
26 Jul 2007 |
USCIS Received Date: |
27 Jul 2007 |
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| USCIS Notice Date: |
06 Sep 2007 |
Filing Type: |
concurrent |
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| I-140 Processing: |
regular |
I-140 Approval Date: |
09 Apr 2008 |
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| Fingerprinting Date 1: |
02 Oct 2007 |
Fingerprinting Date 2: |
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| RFE: |
yes |
RFE Reply Date: |
21 May 2008 |
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| Name Check Status: |
too early to say |
Name Check Approval/Denial Date: |
N/A |
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| I-485 Status: |
pending |
Approval/Denial Date: |
N/A |
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| Card Ordered Date: |
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Card Received Date: |
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| EAD Applied: |
yes |
AP Applied: |
yes |
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| EAD Approval Date: |
12 Oct 2007 |
AP Approval Date: |
13 Mar 2008 |
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| Nationality: |
India |
Country of Chargeability: |
India |
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| Applicant Type: |
primary |
Last Updated: |
01 Dec 2008 |
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| Notes: |
Case denied on Sep 29, 2008 due to 140 revocation. Filed MTR on Oct 16, denial decision reversed on Nov 19 |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence) |
Topic: what if i laid off with pending I485 do i still need to file for AC21
There is no such thing as "filing AC21".
AC21 is an act that protects a 485 application if the applicant moves away from the sponsoring employer 180 days after filing 485.
In case there is an RFE or an interview for your 485 application, you should be able to show evidence of a job or a job offer to start on or before the day you get your GC. |
Topic: Buying a house at pending 485 not a good idea?
--- BishopFork says ----
And think also of the money lost on equity when the bubble burst, the money lost on property taxes....the money lost on maintenance and repairs....screw the garden.....save your money...you'll never know when you'll need it
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And you never know if you will ever need all that saved money either. So I dont see the wisdom of that choice. You could save all the money you can and still get into a situation where you need three times the money you saved - which you will not have, in spite of all the frugality .
Better to live life now than to deny yourself basic pleasures in paranoid fear of needing money later in life.
This does not mean, one should stop saving, it just means spend and save...not just save by living in crummy apts with used furniture and stowing all your cash away for some unknown future.
Your logic also says no one should buy a home, ever. With this mindset, the economy of the USA will come down to nothing in no time. |
Topic: Buying a house at pending 485 not a good idea?
There is absolutely no legal issue in buying a home when the 485 is pending.
The real problems with home buying are market conditions, job availability in that area, etc., which are equally applicable to Americans too. As long as you are confident that you are covered on the job angle and are aware of the impact of the housing economy, there is nothing to worry about. |
Topic: How many people use AC 21 rule provided their I485 > 180 days old?
Self-employment has been explicitly sanctioned in the Yates Memorandum. You just have to keep it clean. The company, the job, terms of employment, salary, etc., should be bonafide.
And as far as I know, CIS does not really differentiate between the primary and spouse when it comes to ownership, finance, etc. It is all the same to them. As far as AC21 & self-employment is concerned, there is no real advantage in making the spouse the owner. |
Topic: how soon can we change job after 485 case approved?
It is all about "intent".
When applying for your 485, did you have the intent to work for the employer indefinitely after getting the GC? That is all that matters.
And it is impossible to prove intent. If x quits his sponsoring employer the day after he gets his GC, the employer cannot complain unless he can show some evidence that x never had the intent of working for him after GC. But that will create a problem for the employer too, as he has to explain why he was silent all this time, in spite of having evidence. To make a case, he will have to show "newly discovered evidence".
Unless, the employer can show this newly discovered evidence and raises a formal complaint, I see no problem with citizenship. Remember that the employer can do this, even if x quits 6 months after GC or even a year after. |
Topic: I485 deniel notice sent
As long as the company is bonafide and you are being paid, it should not be a problem. Anyway, your attorney is the right person to answer that question. |
Topic: I485 deniel notice sent
as4stech,
This is a very common thing these days. Nothing to worry. It happened to me too and it was no problem. I even changed my job once during the denied 485 phase.
You do not have to stop working on your EAD. Your EAD and your spouse's EAD are just fine and you have nothing to worry on that account (Your lawyer is right on that). File an MTR (one is enough to cover both you and your wife) and you should have the decision reversed in a few weeks. This is assuming the denial is based on 140 revocation.
Remember that this denial is entirely a mistake on their part. Regardless of having evidence of your new job or not, they cannot deny a 485 based on 140 revocation when it has been over 180 days since the date of filing.
Docs for MTR,
1) Copy of approved 140
2) Copy of 485 receipt
3) Copy of 485 denial notice.
4) Evidence that you were with the sponsor for 180 days after filing 485 (pay stubs, etc)
5) Evidence of new job (EVL)
And a brief from your lawyer laying out all the facts of the case with exhibits, excerpts from the AC21 memo and - depending on your lawer - some sarcasm on their (CIS) incompetency. |
Topic: Anyone successful with MTR on I-485 when I-140 is in appeals office?
The MTR filing fee is ~$500. The lawyer fee can range from $400 to $1000+ depending on your choice. |
Topic: Anyone successful with MTR on I-485 when I-140 is in appeals office?
The reason for 485 denial is key in this matter. If the 140 status continues to be denied, then the MTR can go either way (50-50). But if it is a mistake by CIS which is not related to 140, then the chances are almost 100%.
But either way, I would file my MTR and see how it goes. Makre sure the brief makes it very clear that the 140 has not been denied by AAO. Until then, there is always a chance that the 140 will be approved and so, it does not make sense to deny 485 until then.
Good luck |
Topic: Out of Job since 2 months. Help!!!
With a gem of an employer, greencard problems = 0.
So there is nothing to worry. |
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