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I am from China |
| I last logged in on 24 Jan 2010 |
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I have been a member since 06 Jul 2008
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| I have added
196 posts in trackitt forums
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I added my last post on 14 Jul 2009
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simplysay's Immigration Cases
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| I-485 case:
Approved in 199 days (228 days less than average)
(2 comments)
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| User: |
simplysay |
Nationality: |
China |
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| Country of Chargeability: | China | Applicant Type: | primary | | | Service Center: | Nebraska | Category: | EB2 | | | Priority Date: | 01 Jul 2004 | Application Filed: | 01 Jul 2008 | | | USCIS Received Date: | 01 Jul 2008 | USCIS Notice Date: | 01 Jul 2008 | | | USCIS Receipt Number: | | I-140/485 Filing: | non-concurrent | | | I-140 Processing Type: | regular | I-140 Approval Date: | 01 Jan 2008 | | | First Fingerprint Date: | 01 Aug 2008 | 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: | approved | I-485 Approval/Denial Date: | 16 Jan 2009 | | | Card Production Ordered: | | Card Received Date: | | | | EAD Applied?: | | AP Applied?: | | | | 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: | 31 days | Total Time to Get GC: | 199 days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
09 Jul 2009 |
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| Notes: |
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| simplysay's Posts |
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Topic: anyone on H-1 used $8000 house tax credit
Is that true Nurses are difficult to find jobs nowadays as well.
My American friend who just finished her RN program and got her RN license said most of her classmates could not get a Job! In fact, only three out of 20 students have jobs one month after graduation. Another experienced nurse told me that lots of hospitals closed, and many experienced nurses are laidoff and could not find full-time employment, just do contract temp jobs.
So how about tens of thousands of foreign nurses try to come to this country? I'm wondering if American nurses cannot find jobs, why does this country need to import foreign nurses? Immigration policy does not make sense at all. | |  |  |
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Topic: Can my mother get H4 Visa?
No, you cannot file H4 visa for your mother, that 100% certain.
H4 visa is only for spouse, and children under 18 years old. | | | |
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Topic: Got a NYC Subway violation ticket - fare evasion. GC problem?
No affect on your GC unless you do not pay the ticket.
So go ahead and pay your ticket in full, you will be all right.
If you think the ticket is a mistake, go ahead and prepare to fight it, with evidence, all possible help with a lawyer. But it is nothing serious.
I do not agree with some of the comments, I don't think it is a misdemeanor at all. | | | |
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Topic: FLASH NEWS! ICE RAIDING 652 Companies
Increasing enforcement efforts aimed at employers is actually a more efficient way of preventing illegal employment. | | | |
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Topic: Leaving US for few years
Everything is possible. Check with your attorney about proper steps, and do it legally, and I believe you can still get your GC. | | | |
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Topic: Urgent Help Needed!!!!!! IO with State Police at home today morning.
In the state of NJ, I know people have to go through interviews to get UI. I've never seen any H1s claim UI in the State of NJ got denied, though their h1 is invalid upon employment termination and they are not in AOS and they remain in the country illegally regardless.
While in NY, I do see H1s got denied while trying to claim UI. | | | |
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Topic: Is India next?
Shame on Nytimes!
Their slide show on Urumiqi Riot is concentrated on the Chinese army and Wee-gur Civilian, and Han Chinese holding sticks. They purposely omit pictures/facts that the whole riot was started by Wee-gur gangs killed hundreds of innocent Han Chinese simply because they are Han and they happened to be on the street that day! And these Han Chinese holding sticks for self-defense. The facial features clearly tells it is a Han people, in NY times footnotes, becomes "People who were injured in ethnic riots rested in a city hospital on Monday during a government tour for the media". Clearly they have different standards, a terrorist in US can become a hero in another country, all depending on the need of politics.
Over my 10 years in US, I've seen too many tricks like this played by these media. From 911 to Iraqi war, too many lies to list. | | | |
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Topic: After receiving GC
Some lawyers being conservative, say one year or two. (-Shelia Murthy??)
Some lawyers say, since AC21 comes out, 180 days is good,
Some lawyers say 90 days will be good, according to prior cases on law of intention (though cases not immigration-related).
Some lawyers say, 180 days after 485 filing, as long as in the same or similar field. (Ron Gother for example)
Some lawyers say, the 2nd day after GC.
Seems 180 days after GC is a more universal-agreed terms. | | | |
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Topic: Is India next?
How about you read the news that it happens all the time cops shot innocent people to death in the US? Does one have to look at the whole picture of the story to drive to any conclusion?
My previous response is to your list of several separate incidences.
Have I ever said that is a conspiracy of whole western media?
I guess I misunderstood. When you said " Tanks ran over the people? I suggest you pay a visit to China to see yourself. But guess you are too afraid to go, LOL, anybody can be a victim of media brain-wash."
It implied to me that you thought me a fool (or at least brain-washed) for believing in the news reports of this occurrence.
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Topic: Is India next?
USA is a great place with no discrimination.
Really?
One thing is in the USA i am only considered an indian and i did not face any discrimination whatsoever which people claim and only encouragement and success based on my credentials and hardwork.
Congratulations, You must be in the top 1 percent considering how wonderful your US experiences are! | | | |
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Topic: Is India next?
Hmmm, so the whole press not being allowed into areas to report is a massive western conspiracy huh?
Funny, have I ever said the above? Please read the post in the right way and don't make up things.
What I said is not to trust everything that media tells you, no matter where in the world.
What about the shoddy school construction that killed thousands of schoolchildren un-necessarily
Have I ever said that is a conspiracy of whole western media? I never deny there are problems in China. And already said currently there are more political freedom in US. What I talk about is trend. China is catching up dramatically, in all the ways.
And as I said, the way of thinking which is a better place to live is highly subjective. And everybody could have own opinion.
I try to make myself as clear as possible, while respect others' opinions. Please don't make up things and twist other peoples' views. | | | |
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Topic: Is India next?
Please don't be naive. Western media are biased as well. Tanks ran over the people? I suggest you pay a visit to China to see yourself. But guess you are too afraid to go, LOL, anybody can be a victim of media brain-wash.
Rennie,
It will indeed be a while before China's per capita GDP matches the US, but by becoming the biggest economy in the world, China will have plenty of clout. GDP calculations obviously have no way of accounting for human capital, so having 4 times as many people as the US will only add to its relative superiority. Though wealth on a per capita level may not be as impressive as the US, China would likely be the birthplace of the next Google. That excites me more than having more cars than I need and a larger home than I can maintain.
And they still gun people down in the streets, or run them over with tanks if they choose to demonstrate. An equal distribution of wealth (high per capita GDP) is simply not possible under a dictatorship. China is a wonderful place, full of wonderful people who deserve to live their lives as they see fit, and absolutely *do not* deserve to be shot, imprisoned or run over with tanks (regardless of their political or religious beliefs).
I love the US for its sensible hands-off policies, cultural potpourri, large intellectual capital and natural beauty. A large per capita GDP was not a big factor for me. I think China in 2025 would measure favorably on all these fronts per my assessment of a good place to be (which of course is extremely subjective).
You neglect to mention, that in the US (once a GC holder of course ;-) you are free and your individual rights are valued (you are also free in Canada, Aus/NZ, Europe, India and many other countries - it's not unique to the US). When's the last time a tank drove over a crowd of people in any of these countries? I suspect that right now there are tanks in China driving over people, but I can't be sure because in China there is no freedom of the press (I have to conclude though, that if they won't allow reporters into the demonstrations, that - at the very least - they are reserving the option of driving tanks over people).
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Topic: Is India next?
It is true that right now, there are more freedom in US than China. But things in China are changing dramatically in the good direction over the past decades. Thinking about this trend, when the next generation Children grow up, it is very possible that China is a greener land. Considering it is extremely difficult to get Chinese citizenship, I think it is wise to give birth in China, (Hongkong is a good choice), not in US, so the children can make a choice when they grow up, not to be stuck with US citizenship by birth.
I'm only talking about China, not sure about other countries. I'm sure everybody has their own opinion. It is all subjective, I agree. | | | |
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Topic: Is India next?
As a Chinese, I agree with what your Chinese friend said. China is a wonderful nation. With the system in the right track over the past several decades, hard-working, smart Chinese people will make the nation even better.
I have my Green Card, but no way will I apply for US citizenship, unless, to get Social security benefits I have no other choices but to be a US citizen, that's an exception, I need to get my retirement money after paying taxes in this country for so many years.
In fact, Nowadays, if a Chinese think about applying for US citizenship, other Chinese will ask: " are you out of your mind?" China does not accept dual citizenship. Give up Chinese citizenship in order to get US citizenship, in many peoples' eyes, is really stupid. And I do agree with them.
I talked one of my Chinese friends, who told me that many Chinese here have already moved or are considering moving back to China. He was saying that Japan, Taiwan, Korea all had huge immigration to US in 60 70 80 90's. As their economy grows, less people are staying here in US after school. So all the Korean town, Japan town, China town are more last generation.. He is expecting China is next, and India the last.. Many Chinese have made billions in China, Baidu, Alibaba, all those online gaming, solar companies in NASDAQ... He even sees on their Chinese bbs board mitbbs.com, less people discussing GC than last years, or early 2000-2003. More are discussing on how to go back.. They can have similar or even better life quality in China. Not like us, he mentioned that their English communication skills hindered them become managers, and do more in business side, most of them spent time in labs, colleges..
One good thing he did say, he expects big movement forward in PD as well (he has his GC) as he said most of his Chinese fellows seem all get RFE done, and less filing for I-140/485, even H1-B in last year. So most of the pending cases are for Chinese in 2005-2007
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Topic: Salary differnce in Labor and actual
The law says you need a similar job to port the I485, but it does not say the salary has to be the same. More importantly, the salary on LC is supposed to be your salary after you get your GC (for your future employment), not for the current salary. That's why some people can get GC based on future employment even though they never worked for GC sponsor one day before GC approval, as long as they work for the sponsor as listed on the LC after they get GC, that's legal. Your new salary is close to the listed on LC. So just relax, nothing to worry about. | | | |
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Topic: Gibbs: Not enough votes in Congress for immigration reform
Unfortunately, any immigration reform always seems to put illegal immigrants over the legal immigrants.
In today's economy, considering the ever-increasing anti-immigrant trend in US citizens, if a immigration reform being passed, it would just be a bad one for the immigrants. | | | |
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Topic: Friend Made a blunder - Options Please
I agree, travel outside US and get a new visa to enter might be the only option.
Greened,
I know initially it does not make sense when anyone listens first time. You are right unauthorised employment is against law and that is why they will deny the 485's. You are right again they will have record but they will consider one's case only from the last legal entry into this country. If you had previous unauthorised employment issues but enter into this country with a new non immigrant stamp then they should be fine. You can check this and confirm this with any attorney like Murthy or khanna. Also, do a search on 245(K), though this case is not 245(K), that will give you some clues.
If he does not take any action, as-is his case will be denied and he will have no status as 485 denied, h1 expired, ead not applied on-time meaning before his unautho empl stated. So, how can he stay in USA? As per law when some one leave this country and get a new visa stamp and enter into this country legally then previous unauthorised employment will be excused but not unauthorised stay. Unauthorized will incur 3/10 bar depending upon one crosses 180 days or 1 year.
His case is not Unauthorised stay. By filing AOS Attorney general gives him authorised stay until his 485 case is decided. His only issue is unauthorised employment. Yes, my idea is painful, time consuming, expensive as they have to travel outside USA but it is upto them to consider this or not and in my disclaimer I asked them to check iwth an attorney and my idea is not a legal advise. Bottom line his case will only get approved if unauthorised employment is wiped out and that is only possible by re-entering US on a new visa.
Very recently one forum member too confirmed that he got his GC approved. Search this same forum a little deeper, you may find his post.
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Topic: Friend Made a blunder - Options Please
Cases like that make people really angry, a guy with a descent job, I would assume he possess skills that US economy needs, yet, for some inadvertant mistake he makes (not because he is a criminal, drunk-drive, etc), he got to be banned from the country for 10 years? Are US insane?
I happened to read on a similar case on a Chinese forum . A guy on AOS didn't apply for EAD, and let the h1b expired for over a year, while keep working for the original sponsor. His AOS was denied due to unauthorized employment.
There are millions of people who work unauthorized in this country. Sadly USCIS only punish these they could catch easily, some just make blunt mistake such as in your friend's case.
I've seen cases in this forum that a guy's wife overstayed I94, forgot to renew h4; but still her GC was approved based that the mistake was not made by her (not her wrongdoing), but CIS view unauthorized employment different, the person can simply stop it anytime by stop unauthorized employment. Very sad, but consult a real good lawyer, maybe your friend can still try since he didn't realize he needs an EAD and he promptly applied one thereafter. | | | |
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Topic: I-485 denied, no other nonimmigrant visa...
Well, why not try to be an engineer? Highly technical jobs that require many years training are not that easily replaceable, and as far as I know, Japan has strong engineer teams.
As to the over stay, it only starts when 485 is denied. Not sure if you can enter US under VWP since you already filed 485. You might need a B1/B2 visa to come to US next time. Should be easy for Japanese citizens, don't see why you cannot get one in the future. | | | |
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Topic: Am I safe?
IMO, You are safe.
I remember seeing somewhere about a lawyer's response. He never see any denial of I485 just because of change the job while staying in the same area after i485 pending for more than 180 days.
I also saw Ron Gother's posted that for his clients whose I485 got denied becuase the ex-employer revoked once approved I140 and I 485 been pending for 180 days, all of them got their 485 reopened successfully.
Hey guys,
Just wanted to double check, just in case...all the info, opinions and speculations are more than welcome. I'm thinking of switching companies..same indsutry, similar job. I-140 is approved, I-485 pending for almost year and half, current sponsoring company is ok with it (won't revoke I-140), lawyers says they'll work with me...
What do you guys think? Has AC-21 actually worked for anyone? Thank you so much!
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