| |
|
| |
| Hello, I'm niidawg3
|
|
My nationality is Ghana
|
|
I last logged in on 19 Dec 2008
|
|
I have been a member since 19 Sep 2008
|
| I have added
15 posts in trackitt forums
|
|
I added my last post on 19 Dec 2008
|
|
|
|
niidawg3's Immigration Cases
| |
| I-485 case:
Pending for 526 days (155 days more than average*) (0 comments) (View approval trend) |
|
| User: |
niidawg3 |
Priority Date: |
23 Feb 2006 |
|
| Service Center: |
Nebraska |
Category: |
EB3 |
|
| Application Mailed: |
01 Aug 2007 |
USCIS Received Date: |
02 Aug 2007 |
|
| USCIS Notice Date: |
06 Sep 2007 |
Filing Type: |
non-concurrent |
|
| I-140 Processing: |
regular |
I-140 Approval Date: |
12 Dec 2006 |
|
| Fingerprinting Date 1: |
31 Oct 2007 |
Fingerprinting Date 2: |
|
|
| RFE: |
no |
RFE Reply Date: |
|
|
| Name Check Status: |
not sure |
Name Check Approval/Denial Date: |
N/A |
|
| I-485 Status: |
pending |
Approval/Denial Date: |
N/A |
|
| Card Ordered Date: |
|
Card Received Date: |
|
|
| EAD Applied: |
yes |
AP Applied: |
yes |
|
| EAD Approval Date: |
02 Sep 2008 |
AP Approval Date: |
17 Dec 2008 |
|
| Nationality: |
Ghana |
Country of Chargeability: |
Ghana |
|
| Applicant Type: |
primary |
Last Updated: |
19 Sep 2008 |
|
| Notes: |
New AP applied. Currently awaiting approval. |
|
*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence) |
Topic: Transfer to National Benefits Center?
no, i did not take a lawyer along. they had me sign a form indicating that my lawyer was absent.
I did however have a memo from our corporate immigration attorneys explaining that my case was not a CIMT (harzardous speed ... reduced to petty speed after 1 year), asking them to associate my wife's application to mine, and pointing out one date inconsistency on my previously submitted G-325.
The bizarre thing is i ended up leaving the memo, and so just talked through things with the IO. He was very understanding, and said he didnt even care about the memo, because the case was pretty straight forward.
I think you will be fine.
good luck!! |
Topic: Invoking AC-21 ... Wife on H4B
niceguy ... you raise a good point with the AR 11. i am honestly tempted to almost not send one in ... but I know it is the right thing to do.
without the AR-11 my case would probably lie dormant till I am current and then get approved, since the IO already went through it. its a tough choice - almost bringing unnecessary attention to myself, but I have to do it, since failure to submit an AR-11 is also grounds for denial.
thanks again!! |
Topic: Invoking AC-21 ... Wife on H4B
Hi All,
I am invoking AC-21 as of January 5th 2008 to start a new job in Atlanta, GA. It will require a move so I am in the process of completing an AR-11 to let the USCIS know I moved.
My new company have prepared portability letters and a new G-28, which will be sent to the USCIS in early January. I will be using my EAD to work at this new company, so essentially my H1 will be gone as of December 31st, and so will my wife's H4.
Based on my research, it appears my both mine and my wife's status will switch to "AOS Pending"
Question: Does my wife have to do anything specific or notify anyone of the switch in status? I know I will be notifying USCIS of my AC-21 switch, but how about my wife?
AC-21 Sidenote: spoke to my company and they have no plans to revoke my I-140. So that is really good news as long as they do not go back on their word. Also coincidentally, i was one of those whose cases got transferred to the NBC. I had an interview yesterday at the local office, and the IO approved me. I then pointed out to him I was not yet current, and he thanked me for pointing it out and indicated that my file was ready for approval and will sit on the shelf in his office till i get current, at which point he will send us the approval notices.
So yes, there are risks with AC-21 as has been documented on here ... but hopefully my case is at a stage where it will not pose an issue.
Thoughts? |
Topic: Transfer to National Benefits Center?
hi all ... this is an update on my case:
Transfer Notice recieved: June 25th 2008
Interview Notice received: December 8th, 2008
Interview scheduled for: December 18th 2008
I attended the interview yesterday in the Bloomington, MN office. My conclusion is two-fold:
1. Immigration Officers are not scary monsters you have to fear
2. USCIS can do a better job ensuring that its officers know their own procedures (at least they should know it better than us!!)
I arrived a little after 8am, and was ushered through security. I have an employment based application, and so had EVLs, evidence of my marriage (which happened after 485 application) and criminal background check. I had been arrested in 2005 for hazardous speeding stemming from an accident.
The officer swore me in, and then went through my file with me, asking me questions and making notes as appropriate. After a few minutes he asked if I had ever been arrested. I answered in the affirmative, and then he asked what happened. I was brief and concise, and then followed up by providing a 10 year police report, as well as a notarized copy of my driving record. It showed that all i had was a speeding ticket from 2005 (which was the disposition from the court).
I mentioned to him that this was not a CIMT and he agreed. I also mentioned that it appeared my wife's 485 application was not associated to mine. He asked me for her A# and made a note on my file to merge our files.
After this he said I was approved and will be receiving my approval notice in a week. I then asked him if this approval superceded the fact that I was not yet current. He appeared embarrassed a little, and checked and noticed I was a Jan 06 EB3, and the current processing was May 05 EB3. He then said, he will put my case back on the shelf, and when I become current it will be a straight forward approval since my file has already been reviewed.
After this he asked me if I had any questions. I asked him about AC-21. Since I am planning to invoke it within the next couple weeks. He did not know what AC-21 was. I referenced the Yates Memo, and portability to a same or similar job. It was only after I used the phrase "same or similar" that his eyes lit up. He made a comment about hearing about that in training. And that what he knew was you could switch jobs and just needed to send in a letter stating your new job and how it is same or similar. I then asked about the notion that AC-21 documents do not usually reach the files. He told me that since my file was here at the Bloomington Office, he would recommend me to request an InfoPass and submit my AC-21 documents to an Immigration Officer here. That would ensure that it goes directly into my file.
I am planning to schedule an infopass next week to deliver the documents.
He concluded the interview by shaking my hand, thanking me for coming and leading me out. He hardly looked at the slew of documents I brought, and I never felt intimidated the whole time.
This board is a huge source of information, and its important to be prepared for all interviews with the USCIS since they sometimes are not on top of their own procedures - but are genuinely nice people. |
Topic: Is EAD valid if MTR is filed, after 485 is denied due to I-140 revocation?
Good point - but if your MTR gets denied, you should probably be thinking of moving to another country anyways ... or leaving for good. Thats basically end of the road.
And i think most (if not all) MTRs related to AC21 are being approved. Its basically USCIS making a mistake and not following their own procedure (Yates Memo).
Also when your MTR got re-opened, have you received the final decision yet?
Was it because of AC 21? |
Topic: i-140 withdraw..!!??
but there are several cases on here and on IV, where USCIS is not updating the records and therefore wrongly denying 485 apps.
something REALLY needs to be done about this. they are making 585 dollars free for MTR filing, plus causing untold stress, hassle and loss of income for a lot of people (especially for those who use EAD instead of H1b).
i am on the verge of using AC21, but not decided yet, because of the rampant disregard of due process being exhibited by USCIS!!!
if only they would just do the right thing. |
Topic: Is EAD valid if MTR is filed, after 485 is denied due to I-140 revocation?
thanks angelfire ... lots of good information.
I guess to summarize; since i have a recently renewed EAD valid till September 2010; should i have my 485 denied (inaccurately of course), and file an MTR timely, i can keep working UNABATED till September 2010, even though my 485 is currently in denied status.
It is only when I have to renew that EAD a few months before September 2010, that I would need to have a receipt note for my MTR to support my EAD renewal, right?
Also, from the link you provided, it says:
(b) Revocation of employment authorization —(1) Basis for revocation of employment authorization. Employment authorization granted under §274a.12(c) of this chapter may be revoked by the district director:
(i) Prior to the expiration date, when it appears that any condition upon which it was granted has not been met or no longer exists, or for good cause shown; or
(ii) Upon a showing that the information contained in the application is not true and correct.
(2) Notice of intent to revoke employment authorization. When a district director determines that employment authorization should be revoked prior to the expiration date specified by the Service, he or she shall serve written notice of intent to revoke the employment authorization. The notice will cite the reasons indicating that revocation is warranted. The alien will be granted a period of fifteen days from the date of service of the notice within which to submit countervailing evidence. The decision by the district director shall be final and no appeal shall lie from the decision to revoke the authorization.
i guess that means, the district director would have to send me a note intending to deny EAD based on 485 denial ... and within 15 days I can dispute that while remaining employed. Is that accurate? |
Topic: Is EAD valid if MTR is filed, after 485 is denied due to I-140 revocation?
thanks angelflight.
it sounds like the best bet is to talk to my current company upfront and plead for I-140 to not be revoked. I think i'll talk to a lawyer about this also, but interestingly some of these forums provide even more information, and more factual information than some lawyers out there.
so it sounds like Yes, you can work on MTR, but only after receipt notice, which could take forever? Is that accurate? Why does the receipt notice take so long?
if only USCIS would do the right thing ... we wont have to deal with this!!!! |
Topic: Is EAD valid if MTR is filed, after 485 is denied due to I-140 revocation?
Crusader; my I - 140 has not been revoked. I am looking at a very tempting offer, but the company does not support H1B. I am trying to determine all the things that can go wrong before I can make a decision.
So my question is; when you say once MTR is filed, all petitions can be salvaged; do you mean I can start working on the EAD again?
Thanks |
Topic: Is EAD valid if MTR is filed, after 485 is denied due to I-140 revocation?
hypothetical:
1. I-140 approved
2. 485 pending > 180 days
3. Invoked AC 21 to "same or similar" job
4. Used EAD instead of H1b since company B does not sponsor
5. Company A revoked I-140
6. 485 "wrongfully" denied by USCIS
7. File MTR
BIG QUESTION: Is EAD still valid, and can one continue working? If yes, at which point can one start working? After MTR is filed? Or can work without break?
Thank you. |
|
|
