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Member Profile: v7461558 (42 posts)
 
Hello, I'm v7461558
My nationality is Russia
I last logged in on 04 Jan 2009
I have been a member since 26 Apr 2007
I have added 42 posts in trackitt forums
I added my last post on 31 Oct 2008
A few words about me 
I have nothing to say about myself.
v7461558's Immigration Cases
 
I-140 case: Approved in 13 days  (2 comments)  (View approval trend)
User: v7461558 Labor Filing Date: 24 Feb 2005
Service Center: Nebraska Processing Type: premium
Category: EB2 Filing Type: concurrent
Application Mailed: 09 Apr 2007 USCIS Received Date: 10 Apr 2007
USCIS Notice Date: 12 Apr 2007 RFE: no
RFE Reply Date: I-140 Status: approved
Approval Date: 23 Apr 2007 Nationality: Russia
Last Updated: 24 Oct 2007
Notes:

*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence)
I-485 case: Withdrawn after 230 days  (9 comments)  (View approval trend)
User: v7461558 Priority Date: 24 Feb 2005
Service Center: Nebraska Category: EB2
Application Mailed: 09 Apr 2007 USCIS Received Date: 10 Apr 2007
USCIS Notice Date: 12 Apr 2007 Filing Type: concurrent
I-140 Processing: premium I-140 Approval Date: 23 Apr 2007
Fingerprinting Date 1: 16 May 2007 Fingerprinting Date 2:
RFE: yes RFE Reply Date: 31 Oct 2007
Name Check Status: approved Name Check Approval Date: 23 Oct 2007
I-485 Status: withdrawn Approval/Denial Date: 26 Nov 2007
Card Ordered Date: Card Received Date:
EAD Applied: yes AP Applied: yes
EAD Approval Date: 17 Jul 2007 AP Approval Date: 25 Jul 2007
Nationality: Russia Country of Chargeability: -
Applicant Type: Last Updated: 27 Nov 2007
Notes: Responding to RFE, an archive search uncovered that on 10 Nov 1992, I accepted $2500 from USIA as undergraduate support. This makes me ineligible for AOS. I applied for a waiver of 212(e) and withdrew the AOS. Case status is withdrawn, LUD 27 Nov 2007.

*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence)
H-1B case: Approved in 24 days (64 days less than average*)  (0 comments)  (View approval trend)
User: v7461558 Service Center: California
Category: H-1B extension USCIS Received Date: 13 Nov 2007
Receipt Number: WAC-08-031-XXXXX RFE: no
RFE Reply Date: Processing Type: regular
Status: approved Approval Date: 07 Dec 2007
Nationality: Russia Last Updated: 17 Dec 2007
Notes: Applied to reclaim 141 days of out of the country while on H1B, while waiting for AOS.

*This is the average approval time in the last 1 year for H-1B transfers/extensions with no RFE. (RFE = Request For Evidence)
H-1B case: Approved in 44 days (44 days less than average*)  (0 comments)  (View approval trend)
User: v7461558 Service Center: California
Category: H-1B extension USCIS Received Date: 17 Nov 2008
Receipt Number: WAC-09-032- RFE: yes
RFE Reply Date: 12 Dec 2008 Processing Type: regular
Status: approved Approval Date: 31 Dec 2008
Nationality: Russia Last Updated: 04 Jan 2009
Notes: Seventh year H-1B after some time out of the country following the initial 6 years, and with approved I-140 for over 365 days. ** RFE requested on 04 December 2008 for duplicates of all docs for consular visa processing ** Approval e-mail sent at 8:30 pm

*This is the average approval time in the last 1 year for H-1B transfers/extensions with no RFE. (RFE = Request For Evidence)

v7461558's Recent Posts

(Show all posts)
Posted in H-1B Revalidation Forum on 31 Oct 2008
Topic: H1-B Adminstrative Processing

Immigrant, answers to most of your questions can be found at http://en.wikipedia.org/wiki/Security_Advisory_Opinion and in links therein.
Posted in I-485 Forum on 13 Oct 2008
Topic: J-1 visa advisory opinion question

Thinkpad,

your situation is quite unclear and so I cannot recommend an answer to your question.

1. Has your wife applied for AOS? She should not have applied for AOS if there was any doubt as to whether she was ever subject to 212(e) until resolving this doubt. If she was subject, and applied for AOS, and checked the box on Form I-485 stating that she was not subject, she has to withdraw the AOS application immediately, or risk facing a 10-year or a lifetime ban for willful misrepresentation.

2. Has the Russian Embassy issued a No-Objection Letter? Your second paragraph seems to indicate yes.

3. The Russian Embassy is required to send the No-Objection Letter directly to DOS in Washington. They have the address and know exactly where to send the letter.

4. In view of Item 3, I do not understand the nature of the letter that DOS wrote you. No communication regarding the application for a waiver of the J-1 foreign residency requirement has to go through the Embassy of the U.S. in Russia that I am aware of.

5. The people at the Russian Embassy's Consular Division are professionals. I would trust that their intentions do not change according to immediate political winds, although they may be more or less of a pain to deal with depending on the circumstances.

6. The nature of the RFE from USCIS is unclear in view of Items 1, 2, and 4.
Posted in I-485 Forum on 29 Feb 2008
Topic: 485 RFE, Lot of documents needed !!


If the USCIS say they want paystubs, they mean paystubs.



And they can request anything from any time period if it is relevant to the adjudication process. I had an RFE in 2007 for a form IAP-66 from 1992. With the question of retaining legal status, they can only ask for proof of that since your last entry into the States, but if the documentation relates to another question it can date back as far as they need.
Posted in I-485 Forum on 31 Oct 2007
Topic: Should we Quit USA?

Petieweets, I'm pretty sure you can't vote in any kind of government elections if you are on GC, much less in the pre-GC stage. Nor give money for political causes. You can't be a registered voter in your state or local municipality. Not even for the school board. Doing so makes you criminally liable for election fraud, or some similar.
Posted in I-485 Forum on 31 Oct 2007
Topic: How do I know name check is done and security is clared from FBI

If you get an RFE on your I-485, it almost always means your namecheck cleared. All namechecks are upstream from a review of evidence in the standard USCIS work flow.
Posted in I-131 (Advance Parole) Forum on 12 Sep 2007
Topic: Why my lawyer does not recommend to travel using Advance Parole?

For those of us in Mantis (usually this is people with non-humanities degrees from US universities who are from China, Russia, Ukraine, and rarely India), H1B extension abroad is not a realistic option (google Visas Mantis to find out why). Also, wait times are quite long in India just to get a consular appointment and an interview. In this situation, if you opt to wait for your H1B stamping abroad, you will probably/most likely lose your job in the US, as few employers will grant you 6--12 weeks of vacation, paid or unpaid. So, AP is the only option.
Posted in I-131 (Advance Parole) Forum on 04 Sep 2007
Topic: What do I need to bring when travelling with AP

I'm in exactly the same situation. Entered through DTW on 27 August, carrying a stack of documents. I asked the CBP guy what he needed, and the only reply was, "All copies of the AP" (plus the passport, of course). He took one original copy of the AP and left me with two.
Posted in I-131 (Advance Parole) Forum on 13 Aug 2007
Topic: Why my lawyer does not recommend to travel using Advance Parole?


I think your colleague was ok because its highly unlikely that his EAD/AP would be approved right now. When I was on an F1 Visa, I had got an EAD card - from that point onward my F1 visa was not valid anymore.

Once you have EAD/AP - you are out of your visa status. It means you have entered from a non-immigrant status to immigrant status. If you use your H1B after EAD/AP since it hasn't expired, I think you might have to restart your green process.



The F1 is a non-immigrant visa, while the H1B is of dual intent. While there are differing interpretations among the lawyers on whether simply filing for AOS invalidates the F1 status, the opinions seem to be unanimous that neither AOS filing nor obtaining EAD, nor AP, invalidates the H1B visa or status. It is _using_ the EAD that does.

Whether entering the US on AP automatically invalidates the H1B is also subject to different opinions.
Posted in I-485 Forum on 13 Aug 2007
Topic: A quick thank you and words of encouragement


if I and millions can go through this system, so should everyone. NO APOLOGIES.



The problem is that "the system" cannot accomodate the flow rate, so there is excess pressure at its input and a major bypass channel formed as a result. Just because the system was benevolent enough to let you through personally, while not allowing others, mostly for the misfortune of a wrong place of birth, does not mean the system is designed to accommodate all with similar desires, qualifications, and work ethic.


don't you dare put me in the same grouping as you, or as them.



So, you personally are not in the same group, but in the group of those more fortunate who are able to be accommodated. Looking down on those with less fortune is not a trait that is generally welcome.
Posted in I-131 (Advance Parole) Forum on 01 Aug 2007
Topic: Why my lawyer does not recommend to travel using Advance Parole?

The "gray area" must have been something that made these clients inadmissible in the eyes of the "stubborn officer". Without knowing exactly what that was, we can't speculate on whether a similar judgment applies in your case, my case, or any other case.