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I am from United Kingdom |
| I last logged in on 08 Mar 2010 |
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I have been a member since 21 Aug 2007
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| I have added
3007 posts in trackitt forums
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I added my last post on 19 Mar 2010
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lrindy's Immigration Cases
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| I-485 case:
Pending for 991 days (564 days more than average)
(54 comments)
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| User: |
lrindy |
Nationality: |
United Kingdom |
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| Country of Chargeability: | United Kingdom | Applicant Type: | primary | | | Service Center: | Nebraska | Category: | EB3 | | | Priority Date: | 27 Apr 2006 | Application Filed: | 03 Jul 2007 | | | USCIS Received Date: | 05 Jul 2007 | USCIS Notice Date: | 25 Aug 2007 | | | USCIS Receipt Number: | | I-140/485 Filing: | non-concurrent | | | I-140 Processing Type: | regular | I-140 Approval Date: | 24 Aug 2006 | | | First Fingerprint Date: | 01 Oct 2007 | Second Fingerprint Date: | | | | RFE Received?: | no | RFE Received Date: | | | | Reason for RFE: | | RFE Replied Date: | | | | Case Transferred to: | | Transfer Date: | | | | Name Check Status: | approved | Name Check Approval Date: | 02 Oct 2007 | | | I-485 Status: | pending | I-485 Approval/Denial Date: | | | | Card Production Ordered: | | Card Received Date: | | | | EAD Applied?: | yes | AP Applied?: | yes | | | EAD Approval Date: | 25 Sep 2007 | AP Approval Date: | 19 Oct 2007 | | | EAD Received: | | AP Received: | | | | Time to Get EAD Approval: | 84 days | Time to Get AP Approval: | 108 days | | | Time to Get Fingerprinting Done: | 90 days | Total Time to Get GC: | | | | Most Recent LUD: | | Days Elapsed: | 990 days | | |
| Case Added to Tracker: |
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Last Updated: |
22 Feb 2010 |
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| Notes: |
485 X 5, 131 X 5, 765 X 5. All receipt notices received together for everyone in same package! August 30, 2007. 10/26/07 FBI FP & NC cleared. H-4 denied 08/2007 for wife & kids. H1-B revoked 4/2008.
01/28/2009 EAD CPO on primary. Took 6 weeks, remember |
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| I-765 (EAD) case:
Approved
(4 comments)
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| User: |
lrindy |
Nationality: |
United Kingdom |
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| Application Type: | renewal | Service Center: | Nebraska | | | Filing Method: | electronic | Application Filed: | | | | USCIS Received Date: | 12 Dec 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: | 27 Jan 2009 | Card Production Ordered: | | | | EAD Received: | 09 Oct 2007 | Total Processing Time: | days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
29 Jan 2009 |
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| Notes: |
as of 10/09 4 out of 5 have EAD cards in hand. Spouse has RFE proof of name change, marriage certificate. Sent back 10/09. Let's see how long it takes to get card now! approved 10/23 YIPPY! All have now been granted. |
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| I-131 (Advance Parole) case:
Approved
(0 comments)
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| User: |
lrindy |
Nationality: |
United Kingdom |
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| Service Center: | Nebraska | USCIS District Office: | | | | Filing Method: | paper-based | Application Filed: | | | | USCIS Received Date: | 05 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: | 19 Oct 2007 | AP Received: | | | | Total Processing Time: | days | Most Recent LUD: | | | | Days Elapsed: | | |
| Case Added to Tracker: |
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Last Updated: |
13 Nov 2007 |
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| Notes: |
five applications for family. LUD's soft 10/19 & 10/22 for all 5.Received documents 11/12/07 at lawyers. |
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| lrindy's Posts |
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Topic: I agree with 7% country limit
So what you are saying is only those who reside in the USA should not be under country caps/quotas? Makes a mockery of keeping it equal then doesn't it? As most of the H visas generally used to be used up through Indian nationals. That kind of tilts the grouping a bit. It also puts a big hurt on H visas primarily as they are the dual intent visas. H are having many problems to just get approved these days and that is due to misuse. Now where and how the misuse started is beyond my knowledge and understanding.
Have a great weekend.
Cheers,
LRIndy. | |  |  |
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Topic: Off Topic - Need help regarding new job
Please remember this is only my opinion on this subject.
What ever you decide to do is entirely up to you at the end of the day.
If you change over to a temp job, which even though it is for 3 years, you will need to have a permanent employment offer letter from employer for "future job" just in case immigration send you an RFE for employment letter. Now the other thing is you have to earn at least prevailing wage as laid out in your original Labor Certification/PERMS. The job title and description must be the same or similar to original job title and duties/description. You may have to prove this at some point, but this is usually covered by verification of employment letter.
Now, you could "shoots craps" here and hope that USCIS do not send an RFE and just change jobs. This happens all the time and some folks do not send in AC21 letter as soon as they start a new job, please look this up I have commented on it many times before. AC21 permits you to change jobs as long as the job title and description/duties are the same or similar to those laid out in Labor Cert/PERMS. I have posted the template for AC21 letter that you, yourself write to USCIS. The employment letter , template available as well, is on company headed paper and employer signs it. So we waited for USCIS to send an RFE for employment letter. We did not add AC21 until we got the 2nd RFE for AC21 letter. It might have saved time had we sent in both together thinking about it. Had we been current I probably would have sent it in as a precaution. If the new job classification is still within your Labor Cert?PERMS job coding (You can look this up from your LC?PERMS approval notice on DOL site to see if both are within same group. You might be lucky if you post it here someone might just know the coding and help you out. It does happen!
So if you can do all of that then change. If you cannot, then please contact a good immigration lawyer and ask what would be possible to make it happen.
Hope this helps.
Have a great weekend.
Cheers,
LRIndy. | | | |
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Topic: I agree with 7% country limit
"Country quota isn't the same problem as Chinese immigration in 1870's" That's not what K was trying to point out at all. I think you got it wrong there. K was trying to say why the quota was started in the first place and what the Chinese immigration caused here. We don't want it happening again. The government certainly doesn't want anyone hurt because they come from a certain country in the future.
The USA was founded by folks from all over the world. The Founding Fathers who signed the Constitution were not born in the USA. They did set down rules about immigration even back then so as not to over populate one set of nationals and ethnic group. They were very broadly outlined, but since then have been tailored to control immigration. No one group of people immigrating should outweigh any other within a set year. Loosely put.
It used to be that you could not get a GC from within the USA. Years ago they were granted from abroad through Consular Processing. IT took from start to finish years ago just over 6 months. Plus, now get this, the card was for life. It had a start date on it but no end date and technically they should never be taken away from you. I have no idea when it changed, but it used to be way easier; just like everything else in this world.
Hope you all have a very relaxing weekend that is highly enjoyable.
Cheers,
LRIndy. | | | |
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Topic: PD current and EAD approved.. Why not 485?
alewana,
You need to contact a good immigration lawyer right now:
I do not mean to scare you but read the following please. Also, the very best of luck with getting it sorted out and please let us know how it goes::::
Cheers,
LRIndy.
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Sections 212(a)(3)(B) and 237(4)(b) provide that an alien who has engaged in terrorist activity is not admissible to and removable from the United States, even if he or she has a valid non-immigrant or immigrant visa or a green card.
Contents 1 Section 212(a)(3)(B): Terrorist Activities
1.1 "Engage in Terrorist Activity" Defined
1.2 "Representative" Defined
1.3 "Terrorist Organization" Defined
Section 212(a)(3)(B): Terrorist Activities
The INA defines "terrorist activity" to mean any activity which is unlawful under the laws of the place where it is committed (or which, if committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following:
(I) The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle). (II) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained.
(III) A violent attack upon an internationally protected person (as defined in Section 1116(b)(4) of Title 18, United States Code) or upon the liberty of such a person.
(IV) An assassination.
(V) The use of any:
(a) biological agent, chemical agent, or nuclear weapon or device.
(b) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property.
(VI) A threat, attempt, or conspiracy to do any of the foregoing.
Other pertinent portions of Section 212(a)(3)(B) are set forth below:
"Engage in Terrorist Activity" Defined:
As used in this chapter (Chapter 8 of the INA), the term, "engage in terrorist activity" means in an individual capacity or as a member of an organization:
to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity;
to prepare or plan a terrorist activity;
to gather information on potential targets for terrorist activity;
to solicit funds or other things of value for:
(aa) a terrorist activity;
(bb) a terrorist organization described in Clause (vi)(I) or (vi)(II);
(cc) a terrorist organization described in Clause (vi)(III), unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation would further the organization’s terrorist activity;
to solicit any individual:
(aa) to engage in conduce otherwise described in this clause;
(bb) for membership in terrorist organization described in Clause (vi)(I) or (vi)(II); or
(cc) for membership in a terrorist organization described in Clause (vi)(III), unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation would further the organization’s terrorist activity; or
to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training:
(aa) for the commission of a terrorist activity;
(bb) to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity;
(cc) to a terrorist organization described in Clause (vi)(I) or (vi)(II); or
(dd) to a terrorist organization described in Clause (vi)(III), unless the actor can demonstrate that he did not know, and should not reasonably have known, that the act would further the organization’s terrorist activity.
This clause shall not apply to any material support the alien afforded to an organization or individual that has committed terrorist activity, if the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, concludes in his sole unreviewable discretion, that that this clause should not apply."
"Representative" Defined:
As used in this paragraph, the term, "representative" includes an officer, official, or spokesman of an organization, and any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity.
"Terrorist Organization" Defined:
As used in Clause (i)(VI) and Clause (iv), the term ‘terrorist organization’ means an organization:
designated under Section 219 [8 U.S.C. § 1189];
otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General, as a terrorist organization, after finding that the organization engages in the activities described in Subclause (I), (II), or (III) of Clause (iv), or that the organization provides material support to further terrorist activity; or
that is a group of two or more individuals, whether organized or not, which engages in the activities described in Subclause (I), (II), or (III) of Clause (iv).
Section 140(d)(2) of the "Foreign Relations Authorization Act", Fiscal Years 1988 and 1989 defines "terrorism" as "premeditated, politically motivated violence, perpetrated against noncombatant targets by subnational groups or clandestine agents." | | | |
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Topic: I agree with 7% country limit
kaisersose,
I agree the quota is in place and will not be going anywhere.
Spillover, for the other poster, is above and beyond the country capping. It is used to try and clear backlog where needed these days.
I don't think anyone would care about quotas if dependents were not included in quotas.
Have a fantastic weekend all.
Cheers,
LRIndy. | | | |
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Topic: AP --- Applied online -- sharing info
Hummm rrg2007, I think you are quite right about this! I tend not to think about "outside the box of the G7 summit countries" as I go on what I know not where I'm from and you are totally right; it makes the biggest difference. BUT, you must remember that certain countries have an agreement with the USA to exchange and share info for immigration reasons, and we know many other reason. It can depend on how long it takes to exchange that info as to how long our applications are pending. I know that male nationals from certain countries have to "check in" once a year with USCIS. I did not know this until our lawyer mentioned it in front of me to another person. I was stunned. I did not know that. There are many things I do not know. Some, of which, I do not want to know.
Oh well, have a great weekend anyway.
Cheers,
LRIndy. | | | |
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Topic: EAD Renewal / Passport Expiring
Thank you and you also have a great weekend.
Cheers,
LRIndy. | | | |
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Topic: AP --- Applied online -- sharing info
Ah Guys,
When we renewed EAD's we applied online and did not send any supporting documents. We had been advised by our immigration lawyer that it was not needed. It was our personal choice to not send them through. Now we have not renewed AP's as of yet and I do know that photos are required for them. I have yet to ask if renewals require photos or not...
I do know that they do send out RFE's for photos if required if it helps at all.
Thanks for your original posting vikgreen4!
Have a great weekend all.
Cheers,
LRIndy. | | | |
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Topic: PROPOSALS FOR AGENCY ACTION TO AMELIORATE THE PRIORITY DATES
Qdublin,
Fantastic post! Where do you find these?
I've always loved reading Benders Law, but recently not been able to.
Keep them coming!
Have a fantastic weekend all.
Cheers,
LRIndy. | | | |
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Topic: PD current and EAD approved.. Why not 485?
Hi,
Regardless of when you filed it is possible that your security checks are what is holding your approval up. Usually this is down your your home country government agency not dealing with it quick enough. Or it is what our lawyers have found in the past. Also if a family member is on one of the many "no fly lists" it can take a lot of extra time for you to get cleared. It could be that your name is very common and they are trolling through the names in front of you. It could be any number of reasons that none of us know about. Sometimes when you have ported your dates, like you have, they do extra checks. Also, even though you have ported your dates and that has been approved by USCIS sometimes the IO in charge of your file is not aware of this and is going on the date he/she thinks is correct. This is why sometimes it takes YOU calling or getting an Infopass appointment to sort it all out.
The very best of luck to you and whilst you are waiting you are in the very best of company!
Cheers,
LRIndy. | | | |
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Topic: I agree with 7% country limit
I always thought that the country cap was put in place so that no one country gained too many visas and kept the numbers of immigrants across the ethnic range equal. The US does not want to be over powered by one nation or group of people( when received legally).
I hope that I have come across the correct way as to not upset anyone.
Have a great weekend everyone.
Cheers,
LRIndy. | | | |
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Topic: Where to file EAD ?
Hi,
I renew online it is much faster than snail mail.
This is just my opinion.
Cheers,
LRIndy. | | | |
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Topic: EB1a principle 485(dad) was approved.
Both ways are good and have unique qualities. It really is up to you and how you want to go. If both are current then just choose. It might help to sign the form for the senator as a backup regardless of which way you go "just in case".
Let us know here what you decide.
Good luck to you.
Cheers,
LRIndy. | | | |
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Topic: EAD Renewal / Passport Expiring
Hi,
You do not need a valid passport to renew your EAD. It is wise to get your passport renewed at some point.
Cheers,
LRIndy. | | | |
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Topic: NonConcr filinDo we need to inform USCIS about I140 approval ?
Hi,
Why don't you call the 800# and ask them for an update on your case as it has been current for 4 months and your I-140 is now approved. Be very polite and you may just get a surprise and they do help.
It is possible...
Good luck and please let us know how it goes for you.
Cheers,
LRIndy. | | | |
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Topic: Do I need a valid visa stamping for travel to Alaska?
Unless you hop over into Canadian territory then you will be fine without passport. If you are using a travel company they will be able to tell you if you need one. If arranging yourself then just stay within US territory; you'll know if you're about to cross over...
Enjoy your vacation.
Cheers,
LRIndy. | | | |
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Topic: AP --- Applied online -- sharing info
Hi,
As not many people have posted about renewing AP online I thank you! I have to renew soon and it helps me out a lot.
Have a great weekend!
Cheers,
LRIndy. | | | |
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Topic: H1B after resignation
No, there is a way around it. You will still have to pay out to get it back. I think it is the same as porting and that charge varies from lawyer to lawyer.
The soft LUD was regarding the H visa. It usually takes about 3 months to revoke. You get a letter from them, but don't let the wording scare you.
Cheers,
LRIndy. | | | |
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Topic: EAD/AP near to expire, waiting for AOS interview results
Hi,
As a precaution I would pay out and renew both. Just to be safe. Plus you know if you renew shortly afterward you'll get approved! I'd rather pay out and get approved than sit in line waiting and wondering.
Good luck and please let us know what you decide to do.
Cheers,
LRIndy. | | | |
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Topic: Job Shift to EAD. Questions...
Hi h12gc,
The choice is yours and only yours to make. If you are happy and like the new lawyers then change over, but if you like original lawyers then stay with them. Go with which ever you like the best...
Congrats and the very best to you and yours.
Cheers,
LRIndy. | | | |
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