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| Hello, I'm longhorn
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My nationality is Pakistan
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I last logged in on 04 Jan 2009
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I have been a member since 05 May 2007
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| I have added
33 posts in trackitt forums
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I added my last post on 04 Jan 2009
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longhorn's Immigration Cases
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| I-140 case:
Approved in 240 days (55 days less than average*) (0 comments) (View approval trend) |
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| User: |
longhorn |
Labor Filing Date: |
17 Apr 2007 |
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| Service Center: |
Texas |
Processing Type: |
regular |
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| Category: |
EB2 |
Filing Type: |
concurrent |
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| Application Mailed: |
30 Jul 2007 |
USCIS Received Date: |
31 Jul 2007 |
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| USCIS Notice Date: |
28 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: |
27 Mar 2008 |
Nationality: |
Pakistan |
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| Last Updated: |
27 Mar 2008 |
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| Notes: |
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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 525 days (154 days more than average*) (2 comments) (View approval trend) |
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| User: |
longhorn |
Priority Date: |
17 Apr 2007 |
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| Service Center: |
Texas |
Category: |
EB2 |
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| Application Mailed: |
30 Jul 2007 |
USCIS Received Date: |
02 Aug 2007 |
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| USCIS Notice Date: |
03 Oct 2007 |
Filing Type: |
concurrent |
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| I-140 Processing: |
regular |
I-140 Approval Date: |
27 Mar 2008 |
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| Fingerprinting Date 1: |
30 Oct 2007 |
Fingerprinting Date 2: |
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| RFE: |
yes |
RFE Reply Date: |
24 Apr 2008 |
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| Name Check Status: |
approved |
Name Check Approval Date: |
15 Oct 2007 |
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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: |
no |
AP Applied: |
no |
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| EAD Approval Date: |
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AP Approval Date: |
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| Nationality: |
Pakistan |
Country of Chargeability: |
Pakistan |
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| Applicant Type: |
primary |
Last Updated: |
24 Sep 2008 |
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| Notes: |
Scheduled for interview at National Benefits Center. |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence)
| AOS Interview: Pending
(0 comments) |
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| User: |
longhorn |
Labor Filing Date: |
17 Apr 2007 |
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| I-485 Received Date: |
31 Jul 2007 |
Transferred to NBC: |
18 Jun 2008 |
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| Interview Notice Issued: |
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Interview Notice Received: |
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| Interview Date: |
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Interview Location: |
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| Interview Status: |
pending |
Nationality: |
Pakistan |
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| Interview Experience: |
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| Notes: |
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| Last Updated: |
21 Sep 2008 |
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| OPT application:
Approved in 41 days (24 days less than average*) (3 comments) (View approval trend) |
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| User: |
longhorn |
Service Center: |
Texas |
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| USCIS Received Date: |
05 Apr 2007 |
University: |
The University of Texas |
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| RFE: |
no |
RFE Reply Date: |
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| I-EAD Received: |
23 May 2007 |
Application Status: |
approved |
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| Approval Date: |
16 May 2007 |
Nationality: |
Pakistan |
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| Last Updated: |
23 May 2007 |
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| Notes: |
Card Received |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence)
| OPT application:
Approved in 16 days (49 days less than average*) (1 comment) (View approval trend) |
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| User: |
longhorn |
Service Center: |
Texas |
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| USCIS Received Date: |
09 Jul 2008 |
University: |
The University of Texas at Austin |
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| RFE: |
no |
RFE Reply Date: |
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| I-EAD Received: |
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Application Status: |
approved |
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| Approval Date: |
25 Jul 2008 |
Nationality: |
Pakistan |
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| Last Updated: |
27 Jul 2008 |
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| Notes: |
Card Production Ordered. |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence)
| Federal Skilled Worker case:
Pending for 64 days (640 days less than average) (0 comments) |
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| User: |
longhorn |
Visa Office: |
Buffalo, USA |
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| Application Filed: |
05 Nov 2008 |
AOR Date: |
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| Transferred to Local: |
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Initial Assessment: |
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| Medical Done: |
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Documents Requested: |
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| Documents Sent: |
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Interview Date: |
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| Passport Requested: |
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Visa Received: |
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| Nationality: |
Pakistan |
Last Updated: |
04 Jan 2009 |
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| Notes: |
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Topic: Applied after Feb 27th in FSW category, Not in 38 occupation list, No AEO
I applied to the Buffalo office. Got my application returned for the wrong fee in October 2008, resent the application in November 2008. Haven't heard anything yet. The new NOC came out on December 2, 2008 and I don't have the full one-year experience in the 38 occupations. I have a little short of one year experience in one of the 38 occupations but most of my experience was in another occupation class.
I haven't heard from them yet. Does anyone know how long does it take for them to issue an AOR. How long do they take to respond to emails? |
Topic: H-1B transfer and out-of-status rule
Thanks for your input LRIndy. Yes, I am consulting with a lawyer but forums like Trackitt are a good tool to keep in check what the lawyers are telling you too. So collectively it all helps. I'll get back to you on the portability issue. My hunch is that it was a new H-1B but I'll find out. |
Topic: H-1B transfer out-of-status
I found this info on another forum. Posting it here for the benefit of other Trackitt users in a similar position:
"Hi Folks - this is long, but bear with me. :)
I think folks are fretting unnecessarily about past out-of-status periods and their impact on adjustment of status. I am not a lawyer (and not even as smart as unitednations), but this is my understanding of the law and process, per my reading of 8 CFR Sec 245, the CIS adjudicator's field manual, and way too much time on various Internet immigration forums.
First, understand the difference between “out of status” and “unlawfully present”. You're out of status if you were lawfully admitted to the US, and are still within the period of stay authorized by your I-94, but have violated the terms of your admission somehow, e.g. your H1-B employer laid you off or put you on the bench. You are unlawfully present – which is much more serious – if you entered the US illegally or overstayed period of stay permitted by your I-94.
CFRs relevant to the adjustment state that you are only ineligible to adjust if you have been out of status for more that 180 days since date of last entry. I read this to mean, if you were out of status at some point prior to your last lawful admission to the US, that out of status period is not be considered for purposes of adjudicating adjustment of status.
However, if you were unlawfully present at some point (e.g., overstayed your I-94) , you may be subject to a 3 year (if unlawfully present for 180 – 365 days) or 10 year (if unlawfully present more than 365 days) bar from admission to the US. This would presumably take place as soon as the unlawful presence was made known to USCIS.
Furthermore, if you obtained a visa by willful misrepresentation of facts at any point, and this is discovered by USCIS, then for sure this is grounds for denying I-485 and may be grounds for deportation and a bar. For folks that were out of status at some point, if you got back in status by forging pay stubs or w-2s, that would be considered willful misrepresentation.
I've read several posts indicating that if you were out of status for more that 180 days at any point in the past, you're in serious trouble. However, I don't think this is necessarily the case. First, the 180 day out of status rule only applies since your last entry to the US. Secondly, the 3 year and 10 year bar penalties, only apply to unlawful presence, not to merely being out of status.
So if,
1)you were out of status for an extended period of time at some point (> 180 days),
2)but still within your period of lawful stay authorized by I-94 (not unlawfully present)
3)you lawfully became in-status again (didn't fake any paystubs)
4)and then lawfully left and re-entered the US,
then, your out of status period should not adversely affect your adjustment of status"
Credits: http://immigrationvoice.org/forum/archive/index.php/t-12223.html
Any comments? |
Topic: H-1B transfer out-of-status
The employer had not withdrawn the H-1B but I was not being paid post 7/7/2006 and that is the date they gave me on my experience letter for I-140.
But, the H-1B did get approved on 9/13/2006 and the total period from 7/7/2006 to 9/13/2006 is less than 180 days. Should I be worried? |
Topic: I-89 processing
Can someone explain what is the I-89 or I-90 for? |
Topic: H-1B transfer and out-of-status rule
I was laid off by my employer on 7/7/2006 and my lawyer applied for H-1B through another employer soon after. The H-1B petition had a received date of 7/20/2006 and it was approved on 9/13/2006. I had started working for the second employer as soon as the H-1B petition was filed. I have applied for AOS through the second employer.
Does this mean I have accrued out-of-status time or unauthorized employment time after my layoff on 7/7/2006?
Does this situation make me ineligible for AOS? My case has been transferred to NBC for interview. I am afraid what they might ask me. Help please! |
Topic: H-1B transfer out-of-status
I was laid off by my employer on 7/7/2006 and my lawyer applied for H-1B through another employer soon after. The H-1B petition had a received date of 7/20/2006 and it was approved on 9/13/2006. I had started working for the second employer as soon as the H-1B petition was filed. I have applied for AOS through the second employer.
Does this mean I have accrued out-of-status time or unauthorized employment time after my layoff on 7/7/2006?
Does this situation make me ineligible for AOS? My case has been transferred to NBC for interview. I am afraid what they might ask me. Help please! |
Topic: Transfer to National Benefits Center?
My fingerprints were unreadable twice and so we got an RFE asking for police clearance certificates going back 5 years. We have moved three cities so it was quite a hasslesome task. Had to go personally to Baltimore to obtain certificates as they take about a month to process and we were given 30 days to respond to RFE.
So, beware in the state of Maryland ... they take longer to issue police clearance since its issued by a state-wide body.
Now, my case has been transferred to NBC, just got this email:
"On June 18, 2008, we transferred this case to our NATIONAL BENEFITS CENTER location to conduct the interview that is a standard part of processing this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. You will be sent a notice when the interview is scheduled, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
I had fallen out of status at a previous visit. Had converted to L1 from H1B and continued working on H1B thinking I can maintain concurrent statuses. This was back in 2005. I had to leave the country, get my new H1B stamped from home country, reentered in 2006 and then applied for I-140 and I-485. My I-140 was approved in April.
Any idea what this interview could be about? |
Topic: Time from RFE to approval
I am in the medical field and over exposure to chemicals possibly. You request it from the local police and they issue you a notarized letter after checking their database. It takes 2-3 days. |
Topic: Time from RFE to approval
Since the fingerprints were un-readable, they asked for police clearance certificates from all cities I have lived in the last 5 years. |
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