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Member Profile: csmith (19 posts)

Hello, I'm csmith (report this user)
I am from India
I last logged in on 25 Sep 2014
I have been a member since 31 Jan 2013
I have added 19 posts in trackitt forums
I added my last post on 25 Sep 2014
csmith's Immigration Cases
I-485 case: Approved in 54 days (618 days less than average)   (2 comments)
User: csmith Nationality: India
Country of Chargeability:IndiaApplicant Type:primary
Service Center:NebraskaCategory:EB2
Priority Date:20 Apr 2008Application Filed:20 Sep 2013
USCIS Received Date:20 Sep 2013USCIS Notice Date:25 Sep 2013
USCIS Receipt Number:LIN1391******I-140/485 Filing:non-concurrent
I-140 Processing Type:premiumI-140 Approval Date:08 Apr 2013
First Fingerprint Date:25 Oct 2013Second Fingerprint Date:
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Case Transferred to:Transfer Date:
Name Check Status:Name Check Approval Date:
I-485 Status:approvedI-485 Approval/Denial Date:13 Nov 2013
Card Production Ordered:Card Received Date:
EAD Applied?:yesAP 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:35 daysTotal Time to Get GC:54 days
Most Recent LUD:Days Elapsed:
Experience:No EAD / AP approval. direct 485 approval
Case Added to Tracker: 14 Nov 2013 Last Updated: 14 Nov 2013
Notes: No EAD / AP approval. direct 485 approval

I-140 case: Approved in 24 days (151 days less than average)   (1 comment)
User: csmith Nationality: India
Applicant Type:primaryService Center:Texas
Category:EB2Priority Date:17 Dec 2005
Application Filed:24 Jan 2013USCIS Received Date:30 Jan 2013
USCIS Notice Date:17 Feb 2013USCIS Receipt Number:
I-140/485 Filing:non-concurrentProcessing Type:premium
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:17 Feb 2013
Total Processing Time:24 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 04 Mar 2013 Last Updated: 16 Mar 2013

PERM case: Approved in 100 days (134 days less than average)   (0 comments)
User: csmith Nationality: India
Priority Date:12 May 2012Category:EB2
Audit Received?:noAudit Received Date:
Reason for Audit:Audit Replied Date:
Application Status:approvedApproval/Denial Date:20 Aug 2012
Total Processing Time:100 daysDays Elapsed:
Case Added to Tracker: 31 Jan 2013 Last Updated: 16 Mar 2013
csmith's Posts
Posted in I-485 Forum on 25 Sep 2014
Topic: Green card abandoned before approval - return back to US

One of my friends has a peculiar problem.

He came to US in 2003 on L1. He moved to H1 on 2007 He had spent total of 4 years on L1 and 2 years on H1. His employer had filed labor for him in 2007. He got his labor and 140 approved and filed for 485 in 2008 After filing 485, before it was approved, he left the country in 2009 for good. However they still approved his green card and sent it to his old address but he did not receive it.

Now after all these years, he wants to come back to US. He is trying to explore his options.

a) Will he be able to use the remaining years on H1 since there is 4 more years left. (He had stayed 4 years on L1) and has been out of country for around 5 years now . Is he exempt from H1 Cap ?

b) if Option a is not possible can he use his approved 140 copy and get a 3 year H1 extension

c) Based on his conversation with few attorneys he was told that if he ever applies for B1 or F1 visa he will have to forego his GC at consulate / port of entry for sure. But if he gets H1 visa again there is a chance he would not be questioned about the GC and would be admitted on H1, after which he can look for some legal recourse to claim his GC.

c) His first objective is to come back to the US. whether thru H1 or GC is not a concern. However in case he enters as H1, will be be able to port the priority date from earlier I140 considering that 485 was approved for it ??

Thought the gurus on this forum might be able to help. Any thoughts appreciated
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Posted in I-485 Forum on 12 Dec 2013
Topic: Other name used and hyphen!

i think u r thinking too much. Forget the citizenship part. you have 3 to 5 years to worry for it and at that time, you can pretty much get a driver's license from another state like washington or california or anywhere else where it wont be an issue For 485 also you dont have to worry. They care about ur birth certificate and passport name matching with your application, but this should not be a big deal. Worst case you will get an RFE.

The chance of your application getting stuck in background check and not returning is probably very very low unless u belong to a select list of countries or have a name which is in the restricted list
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Posted in I-485 Forum on 10 Dec 2013
Topic: After GC - Indian employer - Resign Onsite or Offshore

just stay here for 3 or 4 more months then go to india, resign enjoy vacation and come back.
Just relax during those 3 to 4 months and find a new job which u can take when u come back from vacation.
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Posted in I-485 Forum on 06 Dec 2013
Topic: How do I revoke I-485 filed for my spouse

I dont know why u want to resort to it, but u might have ur own problems. So i will just try to address the question and not get emotional about it.

If the 485 is not pending for 6 months, you can get the underlying 140 withdrawn, or simply move to a new job and let uscis know thereby abandoning the 485. (job change within 6 months of 485 with no intention of coming back to the sponsored job is considered abandoning it ). You can join the new employer on H1 and then start all over again but port the priority date later.

I think you have the right to withdraw the application at any point in time. I may be wrong, again get proper advice.
Once primary is withdrawn, the dependent application should have no status of its own. (verify this)
That does not prevent you from filing it later. (it seems logical to me. It is my application, I apply for it, I withdraw whenever i want and reapply when I feel that I want a green card).

Withdrawing and refiling can cause headaches since u will be scrutinized when u apply again.

make sure u talk to a good lawyer. these are just tips to start ur thinking. nothing more.
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Posted in I-485 Forum on 17 Nov 2013
Topic: Will Coworkers' education affect my GC application?

it might impact. lets put it this way, the person with the lowest qualification for a given designation in a given division / dept of an organization sets the bar for that dept / div in that organization.. So if ur team has bachelors degree with 0 experience with the same job title as yours, then technically they wont be able to file PERM stating that masters degree is required for this position. They might do it and might not get into any trouble, if it is a big organization the risk is low, but it is a risk you should be aware of. Getting title changed might help.
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Posted in I-485 Forum on 14 Nov 2013
Topic: green card - card production to card delivery

Can one of the recently approved folks share as to how many days it takes to recieve the physical card after the first card production email (which changed to decision shortly)

Do we have to be at home to sign it or will it be dropped in my apartment mail box ?

Im out of town this weekend until tue (card production was ordered yesterday evening, I still dont have any tracking number).
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Posted in I-485 Forum on 14 Nov 2013
Topic: Is this Green card or EAD

I never got my ead /ap. their status is still in initial review. however my 485 status changed today to below. Looks like it is all set.


On November 14, 2013, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
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Posted in I-485 Forum on 13 Nov 2013
Topic: Is this Green card or EAD

Thanks to all the folks who responded. Will update my details in 485 tracker
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Posted in I-485 Forum on 13 Nov 2013
Topic: Is this Green card or EAD

thanks santosspsi
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Posted in I-485 Forum on 13 Nov 2013
Topic: Is this Green card or EAD

Need help of you folks

On my I485 application filed on Sep 20th 2013, I got below status today. Im not sure if it is for EAD or Green card itself. I have two other LIN numbers for EAD and AP and they both show "Initial Review" Can someone confirm that I'm greened or is this EAD

Enter your receipt number Check Status
Your Case Status:
Card/ Document Production


Initial Review


Post Decision Activity

Card/ Document Production

Card/ Document Production

On November 13, 2013, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.

This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.
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Posted in I-485 Forum on 19 Jul 2013
Topic: Scam - phone call from USCIS

I would strongly recommend to everyone who gets a call from USCIS reg status to say that they are illegal and would be getting a green card quickly that way rather than wait for another 10 years. tell them u r proud to be illegal.

USCIS will never call. They will make site visits, home visits (mostly to verify if marriage is real) , emails and snail mail.
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Posted in I-485 Forum on 11 Jul 2013
Topic: Matt's forecast XLS is updated

Matt, Will the continued slowdown of PERM approvals (both audit and regular) help provide additional 2 to 3k to EB2 (I) or is it too late ? Just curious to know whether This will help your optimistic prediction become true :)
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Posted in Atlanta PERM Forum on 16 Mar 2013
Topic: PERM application for CTS (Cognizant) employees

Check this link from DOL guys. Go to disclosure data tab (courtesy of Q's immigration blog)

There are two files PERM_FY2013_Q1.csv and Perm Case Data FY 2012.csv You can see that the latest file reports on the number of perms which was withdrawn/denied/approved for CTS (This doesnt report Audits which should be a sizable amount) The list actually has all employers and you can find that companies like intel and google are getting theirs approved at 99% success rate. Further they dont withdraw their applications.

It shouldnt be a surprise that consulting companies bear the brunt. CTS probably wont file new PERMS in large numbers unless they sort this out.

The lesson learnt is that for safe and smooth green card process, switch to a fulltime non consulting job with a large firm as early as possible
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Posted in Atlanta PERM Forum on 16 Mar 2013
Topic: Experiences on Fragomen

How is Fragomen able to maintain the list of clientile with such low grade service / performance ?
The employer gets no value for money paid and the beneficiary is harmed the most due to missed dates / wrong documentation
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Posted in Atlanta PERM Forum on 16 Mar 2013
Topic: is fragomen a reliable firm to initiate a GC process?

Avoid Fragomen at all costs. They might be good for H1 but for green card, they are the worst. They use the lowest wage para legals (probably out of college) who make critical errors which are not reviewed by attorney before filing. They have no review process in place to catch errors either. When there is an option to avoid Fragomen do so at all costs. If no option, raise opinion of people inside the company and make HR listen to it. The amount of people who have been delayed in the green card process by Fragomen is mind boggling. They harm both the employer and employee (they take $$$$$ from employer for little or no service and they dont do any work thereby harming the employee).

On top of it even if ur labor is pending for years due to their mistake thereby causing audit, they wont recommend starting a new process. Infact they will recommend the opposite. Absolutely no ethics or morals in that law firm.
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Posted in I-485 Forum on 11 Mar 2013
Topic: DMV License Renewal Issue Texas for Permanent Resident

if the old license gets lost, what will DMV do, look at new evidence and give new license ? Just think
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Posted in I-485 Forum on 04 Mar 2013
Topic: DL renewal in Texas based on "new" EAD - refusal

The only state which does not require immigration documents to renew Drivers license is washington state. They ask if you are a citizen but nothing else. hence they give same DL for immigrants and citizens.
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Posted in I-140 Forum on 14 Feb 2013
Topic: 140 approval notice

Submit FOIA request , get copy of I140 (your employer will not know that you got a copy)
use that copy, find a new employer (preferably a full time which does PERM filing) get 3 year extension of H1.
The new employer when filing I140 again, can use the previous I140 approval copy to request priority date porting
Even if your old employer revokes ur I140 , ur new employer's attorney can make a succesful case for porting. It might get denied
at first, but if you re appeal quoting the right USCIS memo's you will get it.

Dont live like a bonded labor
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Posted in I-485 Forum on 11 Feb 2013
Topic: 0 Spillover this year

Economy started spiralling down from end of 2006, hit rock bottom in 2008 and recovered only at end of 2011. Hence during those times, having a job was a big deal for many. No opportunities to upgrade to EB2 or find better jobs. People just put up with crap just hoping for better times. Now there are more jobs, more employers ready to sponsor green cards, and hence the queue is building up on EB2
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