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I am from India |
| I last logged in on 18 Mar 2010 |
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I have been a member since 02 Jul 2007
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| I have added
203 posts in trackitt forums
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I added my last post on 11 Mar 2010
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oldmonk's Immigration Cases
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| I-485 case:
Pending for 995 days (569 days more than average)
(1 comment)
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| User: |
oldmonk |
Nationality: |
India |
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| Country of Chargeability: | India | Applicant Type: | primary | | | Service Center: | Nebraska | Category: | EB2 | | | Priority Date: | 15 Feb 2006 | Application Filed: | 29 Jun 2007 | | | USCIS Received Date: | 02 Jul 2007 | USCIS Notice Date: | 10 Aug 2007 | | | USCIS Receipt Number: | | I-140/485 Filing: | non-concurrent | | | I-140 Processing Type: | regular | I-140 Approval Date: | 02 May 2007 | | | First Fingerprint Date: | 18 Sep 2007 | Second Fingerprint Date: | | | | RFE Received?: | no | RFE Received Date: | | | | Reason for RFE: | | RFE Replied Date: | | | | Case Transferred to: | | Transfer Date: | | | | Name Check Status: | too early to say | Name Check Approval Date: | | | | I-485 Status: | pending | I-485 Approval/Denial Date: | | | | Card Production Ordered: | | Card Received Date: | | | | EAD Applied?: | yes | AP Applied?: | yes | | | EAD Approval Date: | | AP Approval Date: | | | | EAD Received: | | AP Received: | | | | Time to Get EAD Approval: | | Time to Get AP Approval: | | | | Time to Get Fingerprinting Done: | 81 days | Total Time to Get GC: | | | | Most Recent LUD: | | Days Elapsed: | 994 days | | |
| Case Added to Tracker: |
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Last Updated: |
12 Mar 2010 |
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| Notes: |
LUD 08/12, 08/15, 9/18 (after FP), RFE 11/08 (medical - guess preadjudication) |
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| I-140 case:
Approved in 294 days (24 days more than average)
(3 comments)
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| User: |
oldmonk |
Nationality: |
India |
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| Applicant Type: | | Service Center: | Nebraska | | | Category: | EB2 | Priority Date: | 07 Jan 2006 | | | Application Filed: | 12 Jul 2006 | USCIS Received Date: | 22 Jul 2006 | | | USCIS Notice Date: | 08 Aug 2006 | USCIS Receipt Number: | | | | I-140/485 Filing: | non-concurrent | Processing Type: | regular | | | RFE Received?: | yes | RFE Received Date: | | | | Reason for RFE: | | RFE Replied Date: | 22 Apr 2007 | | | Application Status: | approved | Approval/Denial Date: | 02 May 2007 | | | Total Processing Time: | 294 days | Most Recent LUD: | | | | Days Elapsed: | | |
| Case Added to Tracker: |
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Last Updated: |
05 Sep 2007 |
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| Notes: |
RFE for Updated Education Evaluation |
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| I-765 (EAD) case:
Approved
(5 comments)
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| User: |
oldmonk |
Nationality: |
India |
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| Application Type: | new application | Service Center: | Nebraska | | | Filing Method: | paper-based | Application Filed: | | | | USCIS Received Date: | 02 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: | 04 Jan 2008 | Card Production Ordered: | | | | EAD Received: | 09 Jan 2008 | Total Processing Time: | days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
09 Jan 2008 |
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| Notes: |
Wife's Card Recieved, Card production ordered on 01/04/08,
Received in hand 01/09/2008 |
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| I-765 (EAD) case:
Approved
(0 comments)
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| User: |
oldmonk |
Nationality: |
India |
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| Application Type: | renewal | Service Center: | Nebraska | | | Filing Method: | paper-based | Application Filed: | | | | USCIS Received Date: | 07 Aug 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: | 05 Sep 2008 | Card Production Ordered: | | | | EAD Received: | | Total Processing Time: | days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
09 Sep 2008 |
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| Notes: |
Approval Notice Sent (9/9/08)
Card Production ordered for spouses EAD renewal (9/05/08) |
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| I-131 (Advance Parole) case:
Approved
(5 comments)
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| User: |
oldmonk |
Nationality: |
India |
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| Service Center: | Nebraska | USCIS District Office: | | | | Filing Method: | paper-based | Application Filed: | | | | USCIS Received Date: | 02 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: | 05 Oct 2007 | AP Received: | | | | Total Processing Time: | days | Most Recent LUD: | | | | Days Elapsed: | | |
| Case Added to Tracker: |
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Last Updated: |
30 Oct 2007 |
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| Notes: |
Talked to IO at Nebraska, AP was approved on 10/06 but yet to be mailed. There is no status change online.
Received by attorney 10/29. Took 23 days to get it in mail.
LUD 8/12, 8/15, 10/10, 10/26
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| oldmonk's Posts |
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Topic: EB-2 140 denied because of education requirments not met
How detailed is the evaluation and how much did you pay for it. Does it start with Your high School record/subjects/credit hours/transcripts and go all the way up to Masters like that.? | |  |  |
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Topic: EB-2 140 denied because of education requirments not met
BS+5 is the best way to do EB2. Reason its easy to have your (US Grad) collegaues with same qualifications and position requirement is considered normal and not exceptional.
There was a time when experience could be combined to equate to academic achievement but that ususally would require you to be having more than 9 years of experience. (5 years for BS+5 and another 3-4 years to match academics).
If you have that kind of experience before this employer, you may be successful in your EB2 appeal. and just as heads up, one can file EB3 and EB2 on the same approved perm, to begin with the first time. (In fact if one does not have a 4 year degree I would highly recommend to file both, as usually they approve either borderline EB2 or EB3 for sure). I did that and got an approval for both.
But again all depends on how perm is worded. If its worded correctly. for e.g. (Associate +10 years or BS + 5 years) and experience in lieu of academics will be considedered is also explicit, along with the job advertisement text which went out in newspaper, I don't see an issue. The problem is when you say BS + 5 in newspaper and in US it implies 4 years BS + 5 . So the officer is logical in determining that if you were accepting less than 4 years or a combination there of, you did not give citizens a fair chance to apply for the job, thus the premise that american workers were not available for the position is wrong. | |  |  |
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Topic: April VISA Bulletin Status - 'April 2010 (Coming Soon)'
When this VB will arrive... I am waiting for PD of EB2 to be 2007 as my PD is oct. 2007, any idea when I will get chance to apply I-485?
A
mid 2011 (optimistic) | |  |  |
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Topic: Out of USA and PERM Approved
No, it sounds too optimistic or the best possible scenario, as there are unkowns at every stage. For planning purposes I would give all this atleast 6 months total. | |  |  |
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Topic: time to become current?
Actually you are asking a very complex question or a question that no one has a perfect answer to.
And everyone here spends a few moments every day calculating that for themselves. Its the number of agencies involved in GC process as well as twisted rules within DOS/USCIS that makes this question complex.
Easy answer, it will be atleast 1-2 years before you can start making a good prediction as to how many years it will take for your PD to be current. This October you will get a feeling of optimism (hopefully) and next october you will start seeing light at the end of the tunnel.
I always say this to myself though, that by the time I get to be current it will be time to go back to or go to another geography not because I dont want to be here but, I dont see how we are going to dig ourself out of this financial mess or pseudo systemic failure. | |  |  |
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Topic: Prediction for March 23th 2006 EB2-I
My EB2 pd is Feb'06 and my guess is I will be a borderline may get it this year or maybe have to wait until next. I am positive that EB2 I would touch atleast November/Dec 2005 by this Oct. | |  |  |
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Topic: At what level EB2 qualification determines?
Before filing labor, You should fit eligibility criteria for the job/position(whichever EB category). Its verified by USCIS at I140 processing time. | |  |  |
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Topic: I-485 RFE....
Send them the copy again explaining the dual language being a standard, as well as send a notarised affidavit from 2 adults (mom/dad/uncle/aunt) confirming your birth details. That works best and is acceptable. Format for that can be found on many sites.
http://www.usabal.com/permres/AOS/birth_cer...
I have done the same at the time of filing 485 and did not get a RFE (sent both kind). Only got RFE on sons medical. | |  |  |
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Topic: What is next send firl to visa center?
First of all, you wont get many family category applicants here on trackitt. Good for you if you got a Citizen spouse, will surely jump the line in which we all are. But answering your question, sending to Visa Center seems like pre adjudication to me. Simply waiting for Visa #'s to be available in family category.
and BRD you got to get light on that margarita...before visiting cats.com lol; damn even I put the url in and voila there was a fri...g website dedicated to cats.. and the first question on the site was intriguing. "How can I make sure my cat will accept a new addition to our family?" | |  |  |
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Topic: Pay Reduction and Below Prevailing Wage
Given the climate I would guess they would scrutinize every application to a certain extent, more so if things don't match up. A2P is more common where company is smaller in size and has multiple sponsored candidates. As part of I140 package Company financials would have to go in. Chances are that this years financials (2009) are not ready yet and the earlier you file, you get to file with 2008 reported financials. I am assuming 2008 financials didn't report losses.
Another thing to factor in is your credentials, for education/experience equivalence, should be concise, well organised, highlighting clearly your eligibility as per job requirements/responsibilities defined in Perm Application.
The idea is to avoid a RFE by providing every thing crystal clear in the first go. | |  |  |
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Topic: Pay Reduction and Below Prevailing Wage
'YES', From my understanding prevailing wage is the wage they need to pay you once you get GC. (future employment with them). So you should be good, unless there is a specific RFE related to A2P (ability to pay) while adjudicating I140. With your company showing a loss this year A2P may become an issue.
You will need to file I140 anyways, this situation or not, unless you have enough time on H1B and can wait for the company (1-2 years) to start making profit again. If you get lucky and get it approved, you can retain your priority date even if your current employer goes bust. and BTW, you got to file I140 within 180 days of perm approval. Please refer http://blogs.ilw.com/joelstewart/2010/01/file-i... | |  |  |
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Topic: I 140 approved in Sep07 but received a NOIR in Dec09
I dont know what is the exact remedy for this, but you sure got a handful to deal with. Wait for USCIS reply on Lawyers letter. Do you have a copy of what the letter ?. If its worded as typo by lawyer, and USCIS comes back with denial/revoke you should get a new lawyer with a copy of the letter (which proves whose mistake it is.) actually if your lawyer filled I140 out for you you would have signed G28's which is also a proof of where mistake lies. File a motion to reopen or appeal or contest it with all your humbleness/sincerity and referrals, you may be heard. I have seen it happen personally on a much bigger mistake than this.
good luck. | |  |  |
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Topic: The cost in I-140 stage
I used my personal check that has my name and address for I140. The reason why I used my personal check is to get the image of the check through my bank website to get the receipt number. My case was recently approved. It shouldn't be a problem.
Above is not the brightest idea. Certainly not recommended. Your company/sponsor should pay for it, if they are not, you got more troubles ahead than worrying about how to pay for I140, and this is just a heads up, from common sense. | |  |  |
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Topic: Please help. Do you need to have Orig ETA 9089 to file I-140
Not necessarily, I am sure there would be a way as I have seen people filing even without copies as original was lost in mail. I think there is a process for that which your lawyer will know. Good thing is that under perm, labor substitution cannot be done, so no one else can use that labor, making you safe.
http://www.visapro.com/Immigration-Articles/... | |  |  |
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