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Member Profile: metr5550 (682 posts)

 
 
Hello, I'm metr5550 (report this user)
I am from India
I last logged in on 27 Jun 2009
I have been a member since 08 Mar 2008
I have added 682 posts in trackitt forums
I added my last post on 26 Jan 2009
metr5550's Immigration Cases
 
I-485 case: Approved in 347 days (79 days less than average)   (7 comments)
User: metr5550 Nationality: India
Country of Chargeability:IndiaApplicant Type:primary
Service Center:TexasCategory:EB1A
Priority Date:Application Filed:11 Jul 2008
USCIS Received Date:17 Jul 2008USCIS Notice Date:18 Jul 2008
USCIS Receipt Number:I-140/485 Filing:non-concurrent
I-140 Processing Type:regularI-140 Approval Date:30 Jun 2008
First Fingerprint Date:06 Sep 2008Second Fingerprint Date:
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Case Transferred to:Transfer Date:
Name Check Status:too early to sayName Check Approval Date:
I-485 Status:approvedI-485 Approval/Denial Date:23 Jun 2009
Card Production Ordered:23 Jun 2009Card Received Date:
EAD Applied?:yesAP Applied?:yes
EAD Approval Date:01 Oct 2008AP Approval Date:23 Oct 2008
EAD Received:AP Received:
Time to Get EAD Approval:82 daysTime to Get AP Approval:104 days
Time to Get Fingerprinting Done:57 daysTotal Time to Get GC:347 days
Most Recent LUD:Days Elapsed:
Case Added to Tracker: Last Updated: 23 Jun 2009
Notes: I-485 transferred to NSC 10/08

I-140 case: Approved in 7 days (264 days less than average)   (5 comments)
User: metr5550 Nationality: India
Applicant Type:Service Center:Texas
Category:EB1APriority Date:
Application Filed:23 Jun 2008USCIS Received Date:24 Jun 2008
USCIS Notice Date:24 Jun 2008USCIS Receipt Number:
I-140/485 Filing:non-concurrentProcessing Type:regular
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:30 Jun 2008
Total Processing Time:7 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: Last Updated: 02 Jul 2008
Notes:

I-140 case: Approved in 14 days (257 days less than average)   (7 comments)
User: metr5550 Nationality: India
Applicant Type:Service Center:Texas
Category:EB2-NIWPriority Date:
Application Filed:23 Jun 2008USCIS Received Date:24 Jun 2008
USCIS Notice Date:24 Jun 2008USCIS Receipt Number:
I-140/485 Filing:non-concurrentProcessing Type:regular
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:07 Jul 2008
Total Processing Time:14 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: Last Updated: 07 Jul 2008
Notes:
 
metr5550's Posts
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Posted in I-485 Forum on 26 Jan 2009
Topic: I-485/O-1


Tks Metr - strange but thats logic then - cant argue that, wonder why ok for H1 and not on O1 - both r dual intent, I blv, unless O1 is seen as restrictive from that count.. well tks anyway for the heads up



Because the law which was written before O-1 category was invented by USCIS) states only H-1 (not O-1). Garbage but this is the reality unforunately.
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Posted in I-485 Forum on 26 Jan 2009
Topic: I-485/O-1


reconnecting on this - need some perspective please
- can someone please update the latest facts on "whether there is need for AP" on pending I485 and passport having stamped O1.
- In my case there will be business and personal travel, and so can one do that on existing and valid O1 or does one need to go for AP and EAD?
- is it true I485 will be deemed abandoned should one have no AP

thanks...



Yes you need AP, you cannot leave and come back on O-1 otherwise you will loose your I-485 application. This is only and specifcially allowed for H-1, not O-1. I checked with 2 attorneys before
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Posted in I-485 Forum on 19 Jan 2009
Topic: Friend denied reentry, with 80K loan, what can he do?


Somnath is denied because he has transferred job (on OPT) before obtaining H-1B, IO think he had 2 weeks out of status and Somnath was arguing with IO (absolutely no no as far as I can understand).
Will try to ask him to petition for his reentry. If he can't get back, I will help him to transfer his money and pay the loan. I think he was extremely upset and said sth like I do not want to come back!




till your dear "friend" he does not need to do anything, nothing will happen if he does not pay back, for sure. No one will be after him, just bad credit history. Let your friend (if he exists) relax and enjoy in india. Even if he would come back to US nothing but bad credit for 7 years !
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Posted in I-140 Forum on 11 Jan 2009
Topic: EB1A/EB2 : current processing time


can someone advice me, did ph.d in india. got 150 publications, 1000 citations, got nature paper, chaired conferences, invited talks, got 10 independent expert letters,referrred ph.dthesis working as research associate professor,



what is your question exactly?
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Posted in I-485 Forum on 11 Jan 2009
Topic: Change of Citizenship-- Help needed


Hello,

I am confused and want some one to shed some light on my situation. I have an Advance parole and I have recently got my Canadian Citizenship and I have a Canadian and a Brazilian passport(country of born). I am in Canada right now. I am not sure which passport to to use to enter the US. I would prefer to keep my Canadian passport and use AP. Would it make a difference or have any problems?

Thanks.



use the brazilian one for sure, canadian one may cause unnecessery headache and problems for you. In fact an irrationale officer may revoke your CC application on claims that you were a PR of Canada during your pending GC application thus you abandoned your pending GC application thus revoke it. Happened before search trackitt you will find a similar case where this happened before.
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Posted in I-485 Forum on 10 Jan 2009
Topic: what to wear during the interview..


nothing



Agree
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Posted in I-485 Forum on 10 Jan 2009
Topic: Bank accounts for high CD rates


Normally, anyone that resides in the US on a lawful status is a legal resident



agree. call or visit (not available online) citi bank and ask to open money market accelerator account, you get 3.88% as long as you keep balance 20K, better rate even than any CD and you can withdraw money out anytime.
ok this is not a financial forum
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Posted in I-485 Forum on 07 Jan 2009
Topic: Buying a house at pending 485 not a good idea?


Buying a house in itself should not be an issue. You will probably get a good deal. But if God forbid your application does not make it, or something else comes up that requires you to leave the country, what then? Selling a house is not quite as easy anymore from what I understand. I also read somewhere that you might get a bit higher rate mortgage unless you are atleast a green card holder. Find it hard to believe.

I have the 20% down payment for a house lined up. It gonna stay safely in the bank until the green card shows up. Just my point of view.



Do not agree on this. I bought a house for 0% down (no PMI-2 loans 30 years fixed). If no GC, no visa renewal, no job, I will just let it go, the bank will take care of it! , no payment form my side.
So do the minimal down if you can and go for it
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Posted in I-485 Forum on 07 Jan 2009
Topic: Buying a house at pending 485 not a good idea?


I bought a 4000 sq ft house in Feb 2008, My PD is Aug 2005 EB2.
Live a life man, the moments of life once gone is gone. Waiting for GC and then buying is not a way of life.

This is my personal opinion.
I am enjoying my life with my family. I have H1B till 2010 and also hold a Canadian GC which I kept it as a backup :)



wow, 4000 Sq FT whicj state and city do you live in? I want to look for a job there?
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Posted in I-485 Forum on 07 Jan 2009
Topic: Big trouble in pipe line for Employment based visas. Got this from immigration-law.com's link


To address these vulnerabilities, FDNS recommended a number of enhancements to USCIS procedures for adjudicating petitions for skilled and unskilled workers, including the following.
• Perform a name and address check on the petitioner to help establish the legitimacy of the petitioner. Current USICS policy only requires record checks be done on the alien beneficiary.
• Conduct targeted site visits to verify the legitimacy and eligibility of both the petitioner and alien beneficiary including, for example, verifying the location of the employer and the employer’s ability to pay the offered wage, as well as the alien beneficiary’s credentials.
• Enable adjudicators to electronically e-mail or telephone the employer to verify that the employer filed the petition and intends to employ the alien beneficiary.
• Verify the work experience alien beneficiaries claim to have acquired outside the United States because their work experience is vital to determining their qualifications and therefore whether they are eligible for the benefit sought.
• Require the employer to notify USCIS or withdraw the petition when the position is no longer available, or when there is a change in employment. According to FDNS’s report, many of the alien Page 25 GAO-09-55
Permanent Residence Application Fraud
beneficiaries do not report to work for the employer, or the applications are for family members or friends. In these cases, the employer had no intent to hire the alien beneficiary and the beneficiary had no intent to work for the employer. According to FDNS’s report, both were using the employment petition as a vehicle for the alien beneficiary to obtain lawful permanent resident status. According to FDNS, to close this loophole, a regulatory/statutory amendment would have to be made that requires an employer to notify USCIS every time the alien beneficiary leaves employment, or when the job offer is no longer



Not this only, the more serious part is the conditional GC for 2 years and force you to continue with same employer for 2 years
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Posted in I-485 Forum on 07 Jan 2009
Topic: Urgent Help Needed!!!!!! IO with State Police at home today morning.



Trackitt Gurus,

Here’s my situation:

I am on a EAD Card which expires in Sept 2010.

I am currently out of employment since last month and I am in the process of interviewing with companies for a new job. When I resigned from last job, my employer suggested that I could apply for ‘Unemployment Benefits’ and I started pursuing the paperwork required for the same. I submitted the following paperwork: SSN Card, EAD Card and my Driving License as they asked for proof of residence and legal employment details.

Today morning 11/06/2008, Two(2) Immigration Officers + One(1) State Police Officer came to my house a 6.00am in the morning questioning my ‘Legal Status’ in this country. After showing them my EAD Card they mentioned that my H1-B Visa has expired. I said ‘Yes’ it is long expired and I am now on a EAD. Not convinced they gave me a Court date for Thursday next week to stand in front of a judge to explain my Legal Status.

Now What do I do?

Am I ‘Out of Status’ with my valid EAD Card, which expires on Sept 2010?
How do I convince the Judge?
Please Help me as this is could possibly lead to me being deported.

Any help/suggestions appreciated.




hi, see the link below which is proposed by

http://www.gao.gov/new.items/d0955.pdf

check on the pages between 29 and 30 ; may be for some reason they picked up your case and good to see everything went fine for you.
But I believe this is coming near future; it is proposed but not much studied by law makers as some of the changes need law changes so it may take a while. Meantime USCIS can run test run like your case.





Wow. This report is scary and means that life is going to get only harder and tougher
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Posted in I-485 Forum on 04 Jan 2009
Topic: Getting ITIN for parents visiting



no. this only apply to us citizens, not even gc holders.



Excuse me????????





What is your problem with this?
The only people required to pay US TAX on earnings from sources OUTSIDE the United States are US citizens, even GC are not required. This is the US taxation law, wither you like it or not.
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Posted in I-485 Forum on 04 Jan 2009
Topic: Getting ITIN for parents visiting


I must honestly say that I get very annoyed at the many ways that persons try to beat the system and are so bold with it. It is always best to do things honorably, transparently and legally. You will never have anything to fear when you do it that way.



i am not sure what you are talking about, the guy is trying to find a legal way to write off his taxes, nothing wrong with this as long as he goes by the regulations. Your comment and similar comments has no merit.If the law gives him a break he should use it period.
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Posted in I-485 Forum on 04 Jan 2009
Topic: Getting ITIN for parents visiting


If Parents are considered resident for tax purposes after 180 days does that mean their income globally is taxable aswell?





no. this only apply to us citizens, not even gc holders.
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Posted in I-485 Forum on 03 Jan 2009
Topic: Can a petitioner request revocation of Green Card after a quarrel?


Nobody can take away your GC once approved except when it was acquired through fraud.
If there is no fraud then you have nothing to worry.



concur
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Posted in I-485 Forum on 03 Jan 2009
Topic: Parents Visit - After getting Green Card

AIG, they have an international traveller insurance program ~150$/month, the cheapest, no exam, nothing, need to buy it before entering the US
Not an insurance forum, but the question is warranted
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Posted in I-485 Forum on 03 Jan 2009
Topic: Need help - Urgent!!!!

yes to all, enter on your H1 stamp not AP
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Posted in I-485 Forum on 02 Jan 2009
Topic: how soon can we change job after 485 case approved?

You can search trackitt for the actual case posted, it was posted about ~1 year ago.
But regardless of what any lawyer says the USCIS adjunctor manual for N---- talks about this point, read it carefully.

And after all, you can do what you want, just share your experience so other people can benefit, would be great if one can stop worrying about this point. I am not adopting either point of view, I am just providing info that I heard.
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Posted in I-485 Forum on 02 Jan 2009
Topic: Getting ITIN for parents visiting


you can't claim non resident alien for tax propose.



wrong info. and wrong answer. after 180 days one is considered resident for tax purpose

But after all this is not a TAX Forum
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Posted in I-485 Forum on 02 Jan 2009
Topic: how soon can we change job after 485 case approved?


You are safe to go if you are let go after GC approval.

As I said again, for these people who argue hard for 180 days-staying rule after GC approval, why don't your people just give one actual example of denied citizenship/troubling for the reason of changing employer right after GC? What's the harsh of arguing? Stop arguing and just give us one actual example? One is enough and we all going to believe you.



i have read a real example on trackitt about ~1 year ago, it was for someone from mexico.

http://www.trackitt.com/discussion-forums/i485-...

But here are additional written items:
look at the INS adjunctor manual

The following is the relevant section of the manual which guides what the adjudicator should consider when reviewing an EB petition(Section 74.2 (c): Part 3 of N-400):

"The following are typical examples of how an applicant may have obtained LPR status.

• Through An Employment Based Petition – An applicant obtained permanent residence through employment with a U. S. company. You should review the employment history section of the N-400 application to ensure that the I-140 petitioning employer is listed. If the petitioning employer is not listed, you should prepare questions to address this issue. Such questions might include:


– Did you ever work for the petitioner?

– How long did you work for the petitioner?

– In what capacity did you work for the petitioner?

– Why did you leave the position?

– What were you paid?

– Where did you work for the petitioner (location)?

– Where did you go or work after you left your job with the petitioner or instead of working for the petitioner?

– When did you first learn that there would not be a long-term position for you?


You should also determine whether the applicant met all of the eligibility requirements of the employment classification under which he/she was granted status. For example, did the applicant have the necessary training or experience that the labor certification required for that classification? The labor certification, which seeks to classify the applicant’s occupation as a shortage occupation, must be filed with the U. S. Department of Labor for most employment-based immigrant petitions. [See 8 CFR 204.5 . and Chapter 22 of this manual.]"

http://www.uscis.gov/propub/ProPubVAP.jsp?docke...

on the other hand for and if you wait more than 5 years to apply for citizenship, you do not have to disclose your employer when you got CG, the form only asks for past 5 years, so you can wait and apply in 6th year
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