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I am from Pakistan |
| I last logged in on 11 Oct 2008 |
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I have been a member since 29 Jul 2007
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| I have added
188 posts in trackitt forums
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I added my last post on 11 Oct 2008
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sdtx's Immigration Cases
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| I-485 case:
Pending for 962 days (536 days more than average)
(4 comments)
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| User: |
sdtx |
Nationality: |
Pakistan |
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| Country of Chargeability: | Unknown | Applicant Type: | | | | Service Center: | Texas | Category: | EB3 | | | Priority Date: | 12 Feb 2004 | Application Filed: | 27 Jul 2007 | | | USCIS Received Date: | 01 Aug 2007 | USCIS Notice Date: | 28 Sep 2007 | | | USCIS Receipt Number: | | I-140/485 Filing: | concurrent | | | I-140 Processing Type: | regular | I-140 Approval Date: | | | | First Fingerprint Date: | 08 Nov 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?: | | | | EAD Approval Date: | 05 Oct 2007 | AP Approval Date: | | | | EAD Received: | | AP Received: | | | | Time to Get EAD Approval: | 70 days | Time to Get AP Approval: | | | | Time to Get Fingerprinting Done: | 104 days | Total Time to Get GC: | | | | Most Recent LUD: | | Days Elapsed: | 951 days | | |
| Case Added to Tracker: |
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Last Updated: |
22 Dec 2007 |
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| Notes: |
Case transferred to TX. EAD recieved on 10/17, but the case status online still says case pending. |
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| I-140 case:
Approved in 301 days (30 days more than average)
(5 comments)
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| User: |
sdtx |
Nationality: |
Pakistan |
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| Applicant Type: | | Service Center: | Texas | | | Category: | EB3 | Priority Date: | 12 Feb 2004 | | | Application Filed: | 27 Jul 2007 | USCIS Received Date: | 28 Jul 2007 | | | USCIS Notice Date: | 29 Sep 2007 | USCIS Receipt Number: | | | | I-140/485 Filing: | concurrent | Processing Type: | regular | | | RFE Received?: | yes | RFE Received Date: | | | | Reason for RFE: | | RFE Replied Date: | 15 May 2008 | | | Application Status: | approved | Approval/Denial Date: | 23 May 2008 | | | Total Processing Time: | 301 days | Most Recent LUD: | | | | Days Elapsed: | | |
| Case Added to Tracker: |
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Last Updated: |
23 May 2008 |
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| Notes: |
RFE on ability to pay, replied on 5/15, hard LUD on 5/20 for resuming processing, soft LUDs 5/21, 5/22, approval on 5/23 YEA!!!!!!! |
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| sdtx's Posts |
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Topic: I-485 initial interview (EB 2)
yes its their mistake, you will easily get your GC now with MTR. Stupid idiots at USCIS do not know their own internal procedures. | |  |  |
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Topic: I-485 initial interview (EB 2)
if you have the letter you should know now why it was denied.....what does the letter say? Why did they deny it? No one can help till you give us the reason of denial. | |  |  |
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Topic: I-485 initial interview (EB 2)
what status are you on before? Were you out of status at anytime?
Are you working for your sponsor? | |  |  |
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Topic: Visa allocation
Visa is allocated the day the I-485 is approved. Some people think it is allocated when an IO issues and RFE but that is an incorrect assumption. It is only allocated on approval according to the I-485 manual and the 8CFR which is immigration law. | |  |  |
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Topic: October 2008 Visa bulletin EB3 ROW
Jen26,
Glad to know that things are finally making sense. Yes, it is actually on I-140 that you select if you would do AOS or Consulor processing. In your case you first did AOS (not by filing I485, but only selecting that option on I-140) since you were still in the US, you later left and therefore the attorney did I-824 to change to consulor processing. That is the whole point of I-824.
I still think you can speed up your process if you only ask your attorney to do the Attorney Certified I-140, that would allow you to directly send your paperwork to your consulate instead of waiting on the NVC, it's worth asking your attorney. Just so you know, some attorney's might not even know of Attorney Certified I-140, so email him the link I sent above so he knows exactly what you're talking about. That said, I still think that you're in good shape even without Attorney Certified I-140 because the DOS did not advance the visa's for EB3 that much, they are on Jan 2005 so they probably don't have that many old applications sitting at consulates, especially your consulate it seems might not have that many.
kerstbrd, to your question.......you can be on F1/OPT and apply for AOS, you can be on any status in the US and apply for AOS. The only criteria for AOS is that you have to be in some non-immigrant status, does'nt matter what type, but just in status, and for some individuals who have a PD prior to April 2001 they can apply even if they have no status at all. | |  |  |
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Topic: October 2008 Visa bulletin EB3 ROW
Jen26,
I have been reading this thread since I'm EB3 world and have been feeling your frustration.
Did you or your lawyer get a receipt for I-824? If you did, then there's something you and your lawyer can do to speed up your application. Because you were still in the US when you applied for I-140, but later changed the AOS to Consular processing you could take advantage of something called Attorney Certifed I-140. With this option you can send your I-140 directly to the consulate. Talk to your attorney about this to see what he/she things. Here's the link so you can read up:
http://www.immihelp.com/gc/consular/ac140.html
Also, if you're waiting for the NVC then chances are it might still take 6+ months for your application to be processed since you submitted your app in July 08. From the recent visa bulletin it seems that the DOS is not going to move dates further quickly and that could in fact work to your advantage because they will process the current apps, especially in the consulates abroad to utlize the visa's. Hope this helps. | |  |  |
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Topic: case transfer: different receipt date. Why
Guys, I don't think any of us should worry about this. This is normal and common. In my case I filed my case and it was received at TSC July 27th 2007, notice was issued late as we all know, and the actual I-485 had the received date as 7/27/07, the notice date of 9/28/07, this was the date they issued the receipt. My case then got transfered last month to NBC and I got a notice of action with a notice date of 6/3/08 (the date of action) and the receipt date of 9/28/07 (the date they issued receipt for I-485).
I called USCIS this morning and got my call escalated to the 3rd level. I was told that all transfers still go by the date that USCIS "recieves" the application and not the "receipt" date. They told me (twice) to go by original receipt of I-485 and calculate processing based on "recieved" date which in my case would be 7/27/07.
I guess you guys can call but would probably get the same answer. I guess they are right in that if you notice the form say's "recepit date" and not "recieved date" which is different from the original I-485 receipt. This is USCIS we are talking about, so we have to live with the fact that nothing is simple and straightforward when it comes to this agency, they won't be satified till they confuse the heck out of us. | |  |  |
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Topic: 37 approvals in one week!!!!!!!!!!!!!!!
Thanks PKG.
This was my own EB3 case and I have a B.S degree from the US. Florida State U, in computer science.
Good luck, and no, no LUD on 5/4 got RFE hard LUD on 4/18. Hard LUd on 5/20 for response, soft lud 5/21, 5/22 and approval LUD 5/23 | |  |  |
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Topic: 37 approvals in one week!!!!!!!!!!!!!!!
Make it 38. Mine just approved. What great news before a long weekend.
Wish everyone the same luck. Have been in this process wayyyyyyyyyyyyyyy too long, since 2001. About time. | |  |  |
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Topic: 300+ Days Waiting TSC
Approved exactly on the 300th day, so happy today, great news before the long weekend. Wish everyone this kind of happiness. Now off to the I-485 wait. | |  |  |
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Topic: 485 RFE, Lot of documents needed !!
a0217,
Not that you need more stuff to do, but if I were you, I would go research AAO decisions archive on the web to see if they have ever dealt with a case like yours and see what their decision was. If decision was in your favor then you could quote that in the MTR and USCIS would have no leg to stand on becuase AAO or BIA decisions supercede everything else. It would be worth it. It's a time consuming process but would be worth it. Knowing how USCIS operates, I am sure you'd find similar cases that have went through appeals processes.
http://www.uscis.gov/uscis-ext-templating/uscis...
http://www.uscis.gov/portal/site/uscis/menuitem... | |  |  |
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Topic: Illegals Immigrants stealing the limelight ;-)
EB, the issue with your post was not about maintaining legal status. You made the following remark "I asked my friend why did you you use the route of 245i while "you are a qualified engineer". He simply replied "US needs dummys not professionals". Was he true?"
I think I, as well as Burkno's questions was why you think 245i is faster, and I don't think your friend chose 245i, and he could'nt have utilized 245i if here were'nt a "qualified engineer," what we were trying to say is that 245i does not make any process faster, in fact it's a slower process because it probably requires additional review. Your friend probably started his process earlier. Even if you would'nt taken advantage of 245i if you were illegal, you'd still be waiting for your GC if your name check took a long time, or if your LC was filed later. | |  |  |
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Topic: Illegals Immigrants stealing the limelight ;-)
greenmonkey, with all due respect, how many times this past year did you contact your senators or congressman on behalf of us EB immigrants? I don't think the issue is the legal immigrantion is a complicated issue to deal with, I think it is much simpler and less controversial then illegal immigration. The problem I see is that we don't get our voices heard enough, we don't have organized efforts. Yes, we have IV, but really, with probably a million EB's in a pipeline, how many members does IV have?
It's about time we stop being bitter about the attention other non-EB immigrants are getting and do something rather then vent and complain on trackitt. | |  |  |
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Topic: Illegals Immigrants stealing the limelight ;-)
a0217, I couldn't agree with you more, I think us EBs (not you personally) are great at complaining, but when it comes to doing something, we are just too lazy. I don't know if some are afraid or don't think that they have a right to voice an opinion. I know that I do not yet have right to vote, but that does not stop me from frequently contacting senator Cornyn and urging him to push the SKIL bill, and even contacting my congressman, not for my case as I'm not past 180 days, but for EB immigration bills like the SKIL bill. We pay taxes so we should make our voices heard any way we can. | |  |  |
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Topic: Illegals Immigrants stealing the limelight ;-)
245i does not speed up the process of a GC, you have to go through the same route as any other EB applicant. I think you are mistaken on your friends case.
As to why the undocumented steal the limelight...... Its all in the numbers. Its 12+ million for them and less then a million for us. Also they are very organized in their efforts. | |  |  |
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Topic: Current Status: We mailed you a decision.
Sorry but from my experience it means that they denied the I-140. Did you get a RFE? If yes, what was it about? | |  |  |
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Topic: Daughter card production but not us (me and wife)
Yes this does mean that you are approved, congratulations. A dependent cannot get approval without the primary getting approved first. I think that the online system is not updating correctly. | |  |  |
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Topic: Should I withdraw 485 if I might loose it due to absence? is it a one time opportunity?
you might also have trouble in getting a non-immigrant visa if you want to come here to visit, as it would be difficult to prove that you do not want to immigrate since you had previous immigrant intend. If you think you will go back after the greencard then you might as well leave now and give someone else a chance.
You don't have to answer this but why does your wife want to go back. People would give anything to be in your shoes, so was wondering why go back? | |  |  |
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Topic: Good News : 485 Processing Dates are 6months Behind - Texas
I think Suxia's point is that you should not believe them when they say six months since her/his application is pending since Jan 07, with name check cleared. | |  |  |
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