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Member Profile: natan111 (796 posts)

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Hello, I'm natan111 (report this user)
I am from Slovenia
I last logged in 11 hours 26 minutes ago
I have been a member since 07 Apr 2016
I have added 796 posts in trackitt forums
I added my last post on 16 Jan 2018
natan111's Immigration Cases
 
I-485 case: Pending for 680 days (16 days more than average)   (1 comment)
User: natan111 Nationality: Slovenia
Country of Chargeability:SloveniaApplicant Type:primary
Service Center:NebraskaCategory:EB2-NIW
Priority Date:07 Mar 2016Application Filed:07 Mar 2016
USCIS Received Date:07 Mar 2016USCIS Notice Date:14 Mar 2016
USCIS Receipt Number:LIN...I-140/485 Filing:concurrent
I-140 Processing Type:regularI-140 Approval Date:14 Sep 2017
First Fingerprint Date:21 Apr 2016Second Fingerprint Date:
RFE Received?:yesRFE Received Date:28 Nov 2017
Reason for RFE:1) medical 2) suppl. J (error - case is NIW)RFE Replied Date:21 Dec 2017
Case Transferred to:TexasTransfer Date:04 Nov 2016
Name Check Status:Name Check Approval Date:
I-485 Status:pendingI-485 Approval/Denial Date:
Card Production Ordered:Card Received Date:
EAD Applied?:yesAP Applied?:yes
EAD Approval Date:07 Apr 2016AP Approval Date:
EAD Received:AP Received:
Time to Get EAD Approval:31 daysTime to Get AP Approval:
Time to Get Fingerprinting Done:45 daysTotal Time to Get GC:
Most Recent LUD:Days Elapsed:680 days
Experience:
Case Added to Tracker: 07 Apr 2016 Last Updated: 23 Dec 2017
Notes:

I-140 case: Approved in 556 days (382 days more than average)   (20 comments)
User: natan111 Nationality: Slovenia
Applicant Type:primaryService Center:Nebraska
Category:EB2-NIWPriority Date:07 Mar 2016
Application Filed:07 Mar 2016USCIS Received Date:07 Mar 2016
USCIS Notice Date:14 Mar 2016USCIS Receipt Number:LIN...
I-140/485 Filing:concurrentProcessing Type:regular
RFE Received?:yesRFE Received Date:06 May 2017
Reason for RFE:Dhanasar second prong: "well positioned to advance..."RFE Replied Date:20 Jul 2017
Application Status:approvedApproval/Denial Date:14 Sep 2017
Total Processing Time:556 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 07 Apr 2016 Last Updated: 18 Sep 2017
Notes: Case transferred to another office on Nov 4, 2016

I-765 case: Approved in 31 days (38 days less than average)   (0 comments)
User: natan111 Nationality: Slovenia
Application Type:new applicationService Center:Nebraska
Filing Method:paper-basedApplication Filed:07 Mar 2016
USCIS Received Date:07 Mar 2016USCIS Notice Date:14 Mar 2016
USCIS Receipt Number:LIN...RFE Received?:
RFE Received Date:Reason for RFE:
RFE Replied Date:20 Jul 2017Application Status:approved
Approval/Denial Date:07 Apr 2016Card Production Ordered:07 Apr 2016
EAD Received:Total Processing Time:31 days
Most Recent LUD:Days Elapsed:
Case Added to Tracker: 07 Apr 2016 Last Updated: 23 Jul 2017
Notes: EAD in production before FP appointment

I-131 case: Approved in 36 days (24 days less than average)   (0 comments)
User: natan111 Nationality: Slovenia
Service Center:NebraskaUSCIS District Office:
Filing Method:paper-basedApplication Filed:07 Mar 2016
USCIS Received Date:07 Mar 2016USCIS Notice Date:14 Mar 2016
USCIS Receipt Number:LIN...RFE Received?:
RFE Received Date:Reason for RFE:
RFE Replied Date:Application Status:approved
Approval/Denial Date:12 Apr 2016AP Received:15 Apr 2016
Total Processing Time:36 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 07 Apr 2016 Last Updated: 18 Apr 2016
Notes:

H-1B case: Approved in 9 days (85 days less than average)   (3 comments)
User: natan111 Nationality: Slovenia
Application Type:extensionService Center:Nebraska
Processing Type:premiumApplication Filed:10 Aug 2016
USCIS Received Date:12 Aug 2016Receipt Number:LIN...
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:19 Aug 2016
TN Status:NoneMost Recent LUD:
Total Processing Time:9 daysDays Elapsed:
Case Added to Tracker: 31 Aug 2016 Last Updated: 31 Aug 2016
Notes: Received by the employer only on 08/30/2016 and I had no knowledge about the approval for 11 days. It took the employer about 8 moths to prepare the case. The approval came just 2 weeks before the old H-1B was to expire.
natan111's Posts
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Posted in I-140 Forum 8 hours 22 minutes ago
Topic: EB2-NIW Nebraska (any receipt date)

I see your point. Attorneys are extremely risk-averse (the only way to do business in that industry) and will always advise the absolute minimum of risk-taking. But when time is of essence this equation gets another term. However, I do agree that you should always go with the attorney and if V Chen recommends waiting, I stand corrected with my analysis. It is better to be pragmatical and wrong than losing and being right.
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Posted in I-131 (Advance Parole) Forum 8 hours 35 minutes ago
Topic: Going to India on H1b with DUI

You can get the visa stamping done but the consulate will request that you take a medical exam given by a panel of physicians assigned by the consulate. This will take more time than the usual stamping procedure would but otherwise you should be okay as long as you pass the exam. Still, traveling with a serious misdemeanor conviction (for DUI of all things) is not advisable. Also, be aware that DUI may become CIMT if some of the newly proposed legislation passes.
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Posted in I-140 Forum 8 hours 50 minutes ago
Topic: EB2-NIW Nebraska (any receipt date)

Waiting for the official PhD diploma is wasteful and thus a bad idea, especially when time is of essence. Once your institution issues the document stating that all requirements are satisfied, you become a doctor (of I-ve-made-some-wrong-decisions-in-my-life, but doctor nevertheless). The diploma and official graduation dates are of purely ceremonial nature and even USCIS knows that. (There may be withholding of the "requirements satisfied" letter if you owe money to the institution. But, again, once these are lifted and you get the document, you're a know-it-all-yet-broke, PhD.)

You know, it's a bit like getting I-485 approved but not yet having the GC physically in hand.
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Posted in I-140 Forum 11 hours 2 minutes ago
Topic: EB2-NIW Nebraska (any receipt date)

There is at least one EB1A denial by this Officer here. There is also one NIW RFE by them.

Your plan sounds solid and I'm glad V. Chen will re-file your case with no extra charge. Before the ink on your PhD completion letter dries out, the new NIW case should be ready for mailing (okay, not literally).

You can file concurrently and get the AoS pending "status" back up to 180 days after the I-140 denial. So even if the O-1 or H1B don't work out, you can power through until the filing. You may have to "work from home" for a bit but that's really the worst case scenario. Canada should be out of question, especially for the reasons you're stating (your citizenship and this, hmm, interesting guy in the office). Your other options are too good for Canada anyways.

Thanks for letting us know about the progress. Keep going.
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Posted in I-140 Forum on 14 Jan 2018
Topic: EB2-NIW Nebraska (any receipt date)

tekoshar, can you provide the Officer's code-name (like 'XM####')?

I am surprised they questioned Prongs 1 and 3. I predicted Prong 2 would be the one (based on your employment situation). The general understanding was that the Dhanasar criteria focus more on the individual and less on the field (according to V. Chen and others). It is thus surprising that this Officer challenged the lack of discussion about the field for Prong 1. It looks like there might have been an error on Officer's end if that's the case. What was the exact request re Prong 1 in the RFE?

If you can, please post the RFE and the denial letter text here.

The erroneous understanding of your salary is scary. It is amazing how many mistakes like this USCIS makes.

Let us know what V. Cheng says. Maybe in the light of the denial letter appealing is an option. I still think you should just re-file the same case asap though.

Stay strong, keep us posted! The NIW community is with you.
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Posted in I-485 Forum on 13 Jan 2018
Topic: EB2-NIW I-485 Nebraska (any receipt date)

Talk to L2 officer and ask them to read the address they have. If it's correct there is not much you can do but maybe put a note in the mailbox area for USPS to see. If it's not correct the officer will tell you what to do. I wouldn't do the change of address online just yet.
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Posted in I-485 Forum on 13 Jan 2018
Topic: EB2-NIW I-485 Nebraska (any receipt date)

Congrats!
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Posted in I-485 Forum on 12 Jan 2018
Topic: EB2-NIW I-485 Nebraska (any receipt date)

I would wait the whole 90 days after her entry on F1, even if the H1 is approved sooner. She entered on a single presumption of non-immigrant intent so even her H1 status would not change that fact.
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Posted in I-140 Forum on 12 Jan 2018
Topic: EB2-NIW Nebraska (any receipt date)

Oh okay, that makes sense then. I did expect Chen to offer the refiling as the main option, especially because your case is strong.

It is indeed a good idea to have a backup visa that allows you to work and bridge any gaps in EAD. If you refile asap, your current EAD may support you until the new one is approved. You can prepare the case for the visa while your new I-485/EAD is pending.

I am confident that you will power through this unfortunate situation. Chen is a very strong attorney. Please let us posted about new developments. It is very important for the community to see how your case is handled. Keep strong! Best luck!
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Posted in I-140 Forum on 12 Jan 2018
Topic: EB2-NIW Nebraska (any receipt date)

It seems the denial was based only on your future plans. I would file again concurrently and compose the petition letter to address future plans in Dhanasar context. The rest of your case seems solid enough so I would simply present the same evidence plus any updates of the citation record, etc. You can do this fast (certainly before May), can't you?
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Posted in I-485 Forum on 11 Jan 2018
Topic: EB2-NIW I-485 Nebraska (any receipt date)

That's why I distinguished between visa application and admission. It's still not a good idea though because F1 is a single intent visa and entry with a different intent could be considered misrepresentation. See the link I provided.
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Posted in I-485 Forum on 11 Jan 2018
Topic: EB2-NIW I-485 Nebraska (any receipt date)

It is not a good idea to enter on a single intent non-immigrant visa (F1, B2, etc) and file I-485 within 90 days of entry. She should not file I-485 before at least 90 days since her admission on F1. Filing I-485 fewer than 90 days **after applying** for F1 could be considered material misrepresentation (visa fraud involving non-immigrant intent) which can result in lifetime bar. Filing I-485 90 days after **admission** is also extremely dangerous and could be considered misrepresentation. https://www.murthy.com/2017/09/21/306090-day-pol...
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Posted in I-140 Forum on 11 Jan 2018
Topic: EB2-NIW Nebraska (any receipt date)

Very sorry to hear that. Was your RFE for Prong 2 of Dhanasar only (future plans)? How did you present your future plans in the response?

I think you should put Plan C on the top of the list. Refile concurrently with the same evidence but address the freaking Dhanasar, especially the Prong 2 in the petition letter. (Why doesn't VC offer this option first?) It sounds you're a victim of Dhanasar, which is unfair. I would just file a new petition unless you have no idea what your future career should be.

O-1 is an option but it's just a visa and you'll have to do the whole thing again at some point.

Appealing only works if there is a clear error on USCIS's end (like denial of cases with 200+ citations and everything else stellar). I've seen such cases but yours doesn't appear to fall in that category. Re-filing is better.

Canada sucks unless you hate yourself. Try Australia or NZ if you give up on the US. Or try some of the new raising stars: Chile, Taiwan, Israel, etc (they treat scientists way better than the US humiliation). But I really think you can re-file NIW, with addressing Dhanasar.
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Posted in I-485 Forum on 10 Jan 2018
Topic: EB2-NIW I-485 Nebraska (any receipt date)

Congrats!!! If you received text message or email, what time was it (EST)? Thanks
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Posted in I-485 Forum on 10 Jan 2018
Topic: EB2-NIW I-485 Nebraska (any receipt date)

Congrats!! Did you receive the text message? If so, what time? Thanks
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Posted in I-485 Forum on 09 Jan 2018
Topic: EB2-NIW I-485 Nebraska (any receipt date)

They are not stating otherwise. PD must be current and I-140 must be approved. Both are true in your case. It's just a generic message. Translation: everything is in order; wait some more
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Posted in I-140 Forum on 09 Jan 2018
Topic: EB2-NIW Nebraska (any receipt date)

Anxiety can be caused by lack of info or by having too much info, depending on a person. For those of us who feel better with more info, please fill in your profile with your cases. Thanks and good luck!
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Posted in I-485 Forum on 08 Jan 2018
Topic: EB2-NIW I-485 Nebraska (any receipt date)

About 4 weeks for the letter and RFE in mail. RFE text/email came 3 weeks after the call.
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Posted in I-485 Forum on 08 Jan 2018
Topic: EB2-NIW I-485 Nebraska (any receipt date)

Yes. I had a similar experience. I received the medical RFE together with the letter by the same IO.
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Posted in I-485 Forum on 08 Jan 2018
Topic: EB2-NIW I-485 Nebraska (any receipt date)

No. Anyone can get the Suppl. J RFE. I haven't changed my job or anything and have got one. Most of the others too.
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