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Member Profile: stochastic1729 (55 posts)

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Hello, I'm stochastic1729 (report this user)
I am from India
I last logged in on 11 Jan 2018
I have been a member since 22 Nov 2016
I have added 55 posts in trackitt forums
I added my last post on 22 Dec 2017
stochastic1729's Immigration Cases
 
I-485 case: Approved in 391 days (273 days less than average)   (18 comments)
User: stochastic1729 Nationality: India
Country of Chargeability:IndiaApplicant Type:primary
Service Center:TexasCategory:EB1A
Priority Date:03 Oct 2016Application Filed:18 Nov 2016
USCIS Received Date:21 Nov 2016USCIS Notice Date:28 Nov 2016
USCIS Receipt Number:I-140/485 Filing:non-concurrent
I-140 Processing Type:premiumI-140 Approval Date:13 Oct 2016
First Fingerprint Date:20 Dec 2016Second Fingerprint Date:
RFE Received?:yesRFE Received Date:25 Sep 2017
Reason for RFE:RFE issued: 09/20/17, received: 09/25/17. As expected, asks only for medicals (did not include medicals in my original submission). RFE responded: 09/29/17. Reached USCIS: 10/02/17.RFE Replied Date:29 Sep 2017
Case Transferred to:Transfer Date:
Name Check Status:Name Check Approval Date:
I-485 Status:approvedI-485 Approval/Denial Date:14 Dec 2017
Card Production Ordered:14 Dec 2017Card Received Date:22 Dec 2017
EAD Applied?:yesAP Applied?:yes
EAD Approval Date:07 Feb 2017AP Approval Date:07 Feb 2017
EAD Received:15 Feb 2017AP Received:15 Feb 2017
Time to Get EAD Approval:81 daysTime to Get AP Approval:81 days
Time to Get Fingerprinting Done:32 daysTotal Time to Get GC:391 days
Most Recent LUD:Days Elapsed:
Experience:SR raised for primary's case (04/19) - outside posted processing times for TSC. SR response (received by mail 05/08): In line for adjudication. Asks me to wait for 90 days.
Case Added to Tracker: 22 Nov 2016 Last Updated: 22 Dec 2017
Notes: SR raised for primary's case (04/19) - outside posted processing times for TSC. SR response (received by mail 05/08): In line for adjudication. Asks me to wait for 90 days.

I-485 case: Pending for 381 days (283 days less than average)   (0 comments)
User: stochastic1729 Nationality: India
Country of Chargeability:IndiaApplicant Type:dependent
Service Center:TexasCategory:EB1A
Priority Date:03 Oct 2016Application Filed:06 Jan 2017
USCIS Received Date:09 Jan 2017USCIS Notice Date:23 Jan 2017
USCIS Receipt Number:I-140/485 Filing:non-concurrent
I-140 Processing Type:premiumI-140 Approval Date:13 Oct 2016
First Fingerprint Date:14 Feb 2017Second Fingerprint Date:
RFE Received?:RFE Received Date:
Reason for RFE:RFE Replied Date:
Case Transferred to:Transfer Date:
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:16 Mar 2017AP Approval Date:16 Mar 2017
EAD Received:29 Mar 2017AP Received:29 Mar 2017
Time to Get EAD Approval:69 daysTime to Get AP Approval:69 days
Time to Get Fingerprinting Done:39 daysTotal Time to Get GC:
Most Recent LUD:Days Elapsed:380 days
Experience:
Case Added to Tracker: 09 Jan 2017 Last Updated: 14 Dec 2017
Notes:

I-140 case: Approved in 10 days (164 days less than average)   (0 comments)
User: stochastic1729 Nationality: India
Applicant Type:primaryService Center:Texas
Category:EB1APriority Date:03 Oct 2016
Application Filed:03 Oct 2016USCIS Received Date:03 Oct 2016
USCIS Notice Date:05 Oct 2016USCIS Receipt Number:SRC1700250***
I-140/485 Filing:non-concurrentProcessing Type:premium
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:13 Oct 2016
Total Processing Time:10 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 22 Nov 2016 Last Updated: 23 Nov 2016
Notes: Lawyer: Victoria Chen. Amazing in terms of immigration law acumen, competence and commitment. Credentials: 16 papers (12 first/co-first author), >600 citations, 10 independent reviews, applied for EB1A just after finishing my PhD.

I-765 case:   (0 comments)
User: stochastic1729 Nationality: India
Application Type:renewalService Center:Texas
Filing Method:paper-basedApplication Filed:15 Sep 2017
USCIS Received Date:18 Sep 2017USCIS Notice Date:21 Sep 2017
USCIS Receipt Number:RFE Received?:
RFE Received Date:Reason for RFE:
RFE Replied Date:Application Status:withdrawn
Approval/Denial Date:Card Production Ordered:
EAD Received:Total Processing Time:
Most Recent LUD:Days Elapsed:128 days
Case Added to Tracker: 21 Sep 2017 Last Updated: 19 Dec 2017
Notes: EAD/AP renewal for primary - marked as withdrawn as I-485 was approved on 12/14/17.

I-765 case: Approved in 112 days (42 days more than average)   (0 comments)
User: stochastic1729 Nationality: India
Application Type:renewalService Center:Texas
Filing Method:paper-basedApplication Filed:15 Sep 2017
USCIS Received Date:18 Sep 2017USCIS Notice Date:21 Sep 2017
USCIS Receipt Number:RFE Received?:
RFE Received Date:Reason for RFE:
RFE Replied Date:Application Status:approved
Approval/Denial Date:05 Jan 2018Card Production Ordered:05 Jan 2018
EAD Received:Total Processing Time:112 days
Most Recent LUD:Days Elapsed:
Case Added to Tracker: 21 Sep 2017 Last Updated: 11 Jan 2018
Notes: EAD/AP renewal for derivative beneficiary - EAD approved on 01/05/18, AP renewal denied on 01/10/18, due to travel while pending, even though derivative traveled using a valid unexpired AP.

I-131 case:   (0 comments)
User: stochastic1729 Nationality: India
Service Center:TexasUSCIS District Office:
Filing Method:paper-basedApplication Filed:15 Sep 2017
USCIS Received Date:18 Sep 2017USCIS Notice Date:21 Sep 2017
USCIS Receipt Number:RFE Received?:
RFE Received Date:Reason for RFE:
RFE Replied Date:Application Status:withdrawn
Approval/Denial Date:AP Received:
Total Processing Time:Most Recent LUD:
Days Elapsed:128 days
Case Added to Tracker: 21 Sep 2017 Last Updated: 19 Dec 2017
Notes: EAD/AP renewal for primary - marked as withdrawn as I-485 was approved on 12/14/17.

I-131 case:   (0 comments)
User: stochastic1729 Nationality: India
Service Center:TexasUSCIS District Office:
Filing Method:paper-basedApplication Filed:15 Sep 2017
USCIS Received Date:18 Sep 2017USCIS Notice Date:21 Sep 2017
USCIS Receipt Number:RFE Received?:
RFE Received Date:Reason for RFE:
RFE Replied Date:Application Status:denied
Approval/Denial Date:10 Jan 2018AP Received:
Total Processing Time:117 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 21 Sep 2017 Last Updated: 11 Jan 2018
Notes: EAD/AP renewal for derivative beneficiary - EAD approved on 01/05/18, AP renewal denied on 01/10/18, due to travel while pending, even though derivative traveled using a valid unexpired AP.
stochastic1729's Posts
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Posted in I-485 Forum on 22 Dec 2017
Topic: Days since your RFER

Very true... Best of luck to you too - I really hope that you get greened very soon. While a number of us have had rough luck, your circumstances are indeed especially unfortunate. Hope all that ends in the near future.
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Posted in I-485 Forum on 22 Dec 2017
Topic: Days since your RFER

Thanks :) Yes, the nature of the response definitely depends on who responds. But, I am now convinced that the actual adjudicating officers for our cases never respond directly to us (which perhaps makes sense for security reasons). Thus, the response is a combination of who gives it, how much they can see/access on a real-time system and how much they are willing to disclose. These 3 factors make the responses very generic and not really very informative...
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Posted in I-485 Forum on 22 Dec 2017
Topic: Days since your RFER

Just to provide some context into how out-of-sync their systems are, I will further detail my own experience:

1. As posted earlier in this thread, my 485 was approved (CPO email) on Dec 14 (afternoon EST). (Based on USPS informed delivery, my card was delivered today). However, I also received SR responses which were answered/closed shortly *before* card production and the responses (that I received after 485 approval) provide some interesting insights.

2. My SR was answered on Dec 13 (late afternoon EST). The response said that my case is under "active examination" and they were sorry for the delay but unable to provide a timeline (form template that others have posted too). My 485 was approved < 24 hours after this response.

3. On the morning of Dec 14 (before my 485 was approved), an SR on my wife's case was answered. It just said that her file had been requested for processing and asked her to wait for 60 days.

4. On Dec 15, my senator received responses from TSC's congressional office. That response said that my 485 had been approved on Dec 14, and that my wife's case was being processed. It asked us to expect further action in 30 days (still waiting for her approval). I presume the 60 dropped to 30 within a day (for my wife) because my 485 had been approved in that period.

Based on this (and what other people have posted), it is my understanding that those who respond to SRs are not adjudicating officers for our cases (they may or may not be adjudicating officers for other cases). However, any inquiry that we raise is answered by an officer who is not an AO at least for our case. Thus, he/she merely has access to real-time USCIS systems, but has no real idea of how near/far actual approval is.
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Posted in I-485 Forum on 14 Dec 2017
Topic: Days since your RFER

Thanks a lot - congrats to you too!
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Posted in I-485 Forum on 14 Dec 2017
Topic: Days since your RFER

Yes, the wait was really very painful. I am just keeping my fingers crossed - hope my wife gets approved very soon!
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Posted in I-485 Forum on 14 Dec 2017
Topic: Days since your RFER

Thanks. Good luck to you too!
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Posted in I-485 Forum on 14 Dec 2017
Topic: Days since your RFER

Coming via snail mail :) Just saw the online updates (SR responded to and completed) yesterday (me) and this morning (wife).

My SR response is no longer relevant, but my wife's SR response potentially is (if she doesn't get approved before we get the response).
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Posted in I-485 Forum on 14 Dec 2017
Topic: Days since your RFER

Yes, their automated online systems have the 60-day check. The only way to beat it is to raise an SR over the phone (and hope that one gets a reasonable L2 officer). Even then, the L2 officer would perhaps relax the 60-day cutoff by a week or two at the most.
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Posted in I-485 Forum on 14 Dec 2017
Topic: Days since your RFER

Thanks a lot! Hope you get approved very soon.
I had 3 SRs and 2 senator inquiries.
SR 1 (my case) - April 18; responded to on April 29 (asked me to wait 90 days). Didn't raise an SR in July as EB1 India had retrogressed.
SR 2 (my case) - Nov 28: on the phone with an L2 officer (55 days post RFER). Responded to yesterday.
SR 3 (wife's case) - Nov 30: online. Responded to this morning.

Our senator also reached out to them on Nov 22 (no response).
In case you don't hear from them by early Jan, you could try to raise an SR with an L2 officer on the phone (a week/two before the 60-day mark). Hopefully, it doesn't come to that, and you get approved this month.
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Posted in I-485 Forum on 14 Dec 2017
Topic: Days since your RFER

Just received the CPO email this afternoon (primary). Wife's case is still pending.
EB1A India; PD: Oct 3, 2016; I-140 approval: Oct 13, 2016; I-485 RD: Nov 21, 2016; RFER: Oct 4, 2017.
Threw everything possible at it: senator inquiry, multiple service requests.
Incidentally, the latest SR for my case was answered yesterday evening, and the latest SR for my wife's case was responded to this morning - responses coming by snail mail. So, maybe all those routes of inquiry helped, but cannot say for sure.
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Posted in I-485 Forum on 29 Nov 2017
Topic: Days since your RFER

Afaik, a number of applicants go directly from RFE issued to approved (without the RFE received status). This is yet another glitch with USCIS systems that many encounter. So, you should be fine. But it couldn't hurt to verify with an L2 officer that your response has indeed been received.

It is incredible that a federal agency with a budget > $3 billion operates with so many glitches and errors. Given their budget, the scale at which they operate (no of applicants) is simply not an excuse for their mind-boggling inefficiencies.
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Posted in I-485 Forum on 29 Nov 2017
Topic: Days since your RFER

Thanks a lot for letting me know. The only silver lining is that this incorrect RFE was never even issued - so no corresponding case status update. They initially thought about sending it out and then, changed their mind. If they had updated my case status to RFAE and then not sent it out, it would have been worse (as I would be legally obliged to correspond with them saying that I didn't receive anything).

Given your case details & what I have seen on this forum (most people seem to get approved within 90 days of RFER assuming PD is current during all 90 days or most of the 90 days, with some very unlucky ones going to 120 days), you should probably get approved within the next 2-3 weeks. Hopefully, I am not too far behind...
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Posted in I-485 Forum on 28 Nov 2017
Topic: Days since your RFER

These people are geniuses - apparently they have issued lots of incorrect RFEs in the past:

https://www.murthy.com/2013/11/22/uscis-issues-e...

https://ashwinsharma.com/2013/07/01/update-uscis...

The "improvement" from 2013 to 2017 is that the wrong RFE was not actually sent out. Rather, cancellation of the incorrect RFE placed my case in limbo...

Did your WKD response give any timeline or did it merely say that your case was with an adjudicating officer?
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Posted in I-485 Forum on 28 Nov 2017
Topic: Days since your RFER

58 days since RFER (56 since online update) - so spoke to an L2 officer today. The RFE was for medicals only. EB1A India case (non-concurrent, I-140 approved using PP in Oct 2016, 485 RD: Nov 21, 2016). The L2 officer was extremely helpful. She said:

1. An additional RFE had been requested on my case on Nov 4 (my RFER online update was on Oct 4). However, that request had subsequently been canceled at their end, and thus a second RFE was not issued. This timeline is consistent with what a previous L2 officer had said on Oct 27 - she had mentioned that my file was "touched" on Oct 25.
2. However, it was unclear to today's L2 officer as to what was going on with my case since the second RFE request had been canceled. She seemed a little surprised that no action had been taken on my case since the canceled RFE request. So, she created a "ticket" for me. My online case status showed the WKD ticket number initially as unassigned, and then assigned to an officer for response in ~ 30 mins.

My best guess is that the second RFE request that was canceled was for something either already in my file or something not necessary (e.g. Supp J, since my case is EB1A and EB1A doesn't need Supp J). The initial officer probably created the request, but a supervisor/different officer canceled it. Since then, it probably fell off their radar/got stuck in limbo since no second RFE was sent out (so the ball was back in their court). It is incredible that this can happen. Has anyone on the forum experienced something similar?
Also, I am not sure if the quick WKD ticket assignment is luck or tied to my Senator enquiry's on my behalf (sent to TSC last week). Hope that I get a response soon... In any case, experiences posted by other users (like "DetroitLion09", "skumari", "screwUSCIS", "50daysrfer") were very helpful and prompted me to keep checking...
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Posted in I-131 (Advance Parole) Forum on 26 Nov 2017
Topic: Boarding without visa (AP only) in Europe

There are 2 separate points:

1. Transiting through a specific European city - Whether a transit visa is required or not depends on a combination of the country and one's US travel documents (AP vs visa stamp). However, if one does not get off the plane, any applicable transit visa rules should not apply.

2. Whether boarding to the destination is problematic - This should not be an issue in either direction. On the journey towards India, it is of course based on one's Indian passport. On the return leg, only AP is sufficient. This is what I was describing in my post [We were attending conferences in Europe and had Schengen stamps, so (1) was not applicable.].
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Posted in I-131 (Advance Parole) Forum on 25 Nov 2017
Topic: Boarding without visa (AP only) in Europe

Yes, as far as I know, there should be no issues in the situation you described. Since it is a layover, and not a stopover (you don't get down at LHR), I don't think any transit visa rules apply to you. Safe travels!
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Posted in I-131 (Advance Parole) Forum on 22 Nov 2017
Topic: Boarding without visa (AP only) in Europe

Both my wife and I traveled back from conferences in Europe using AP only. We attended two separate conferences/traveled separately (my wife in traveled Aug 2017, I traveled in Sep 2017). Incidentally, both of us boarded our respective US-bound flights from Amsterdam, and they were both Delta-operated flights (codeshared with KLM etc). There is absolutely no issue as long as you know what to say.

For my wife, they asked a bunch of questions and then she requested a supervisor who immediately waved her through. However, the delay (~30-40 mins) was still unprofessional on their part and I complained to Delta afterwards with a strongly worded message. They issued a bunch of travel miles to compensate for her time. In my case, I handed over my combo card and immediately told the agent that she would likely not be able to look me up on her system. I also managed to take a look at her screen - they essentially have a whole bunch of options: US passport, GC, re-entry permit, refugee travel document, visa etc. But at least for them, there was no AP option. I asked her to try putting in my alien number with re-entry permit/refugee document (since those were the closest options - both of these are also travel documents issued by USCIS on I-131 approval), but it did not work. I then asked her to call a supervisor, who took one look at my combo card and waved me through. The whole process took < 10 mins.

It is the responsibility of the airline to ensure that all travelers have valid documents (otherwise CBP fines them). However, it is also their prerogative to know what constitutes a valid travel document. If a situation arises, calling a supervisor and/or explaining what AP is [under INA 212 (d)(5)] should solve it. Just as CBP can fine them for transporting passengers without a valid document, one can also sue them for denying boarding with a valid document. Hence, that situation should never arise.
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Posted in I-485 Forum on 14 Nov 2017
Topic: Massachusetts Senator(s)

I didn't contact my local Congressman yet, only Senator Warren's office. I just sent them all the documents last week and they acknowledged receipt. I am yet to get any concrete information from them/USCIS. My wife and I are both independent researchers in academia, and not being an LPR yet significantly affects our ability to apply for/get grants. I did raise this issue with Senator Warren; let's see what the outcome is.
Overall, the whole process is very disappointing. I had my EB1A I-140 approved in 10 days with no RFE, and have been waiting a year since. Both my wife and I finished our PhDs and directly applied for AOS (within the first year of F-1 OPT). The delay is not related to background checks, as we both have had reasonably quick background checks before (221g during F-1 stamping related to field of research/TAL). This is also somewhat validated by the fact that I received an RFE for medicals at the end of September (just before the EB1 India retrogression ended - I hadn't included medicals in the original submission). I responded immediately - my case status was updated to RFE response received on October 4. Nothing since... This delay is entirely unreasonable and likely a contravention of law as they are processing cases in a highly non-linear fashion *within cases that are approvable* (I have quite a lot of documentary evidence supporting this). It is still within the 60 day window after RFE response received, but if/when it crosses then window, I am planning to escalate things more rapidly.
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Posted in I-485 Forum on 13 Nov 2017
Topic: Massachusetts Senator(s)

I just contacted Senator Elizabeth Warren's office. I sent in my I-140 approval notice, I-485 receipt notices (me & my wife) and 2 signed Privacy Release forms. My first impression is that they are very efficient (at least in terms of email response times).
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Posted in I-485 Forum on 08 Nov 2017
Topic: 485 approval delay

I think the CS rep may have given a generic response since most EB I-485s filed on/after March 6, 2017 are subject to the interview requirement. Given that your RD is before that date, the CS rep may have mis-spoken, and you should be able to raise an SR online based on the posted processing times for NSC.

More generically, IMO, an RFE for continued and productive engagement in the field of ability is fair as EB1A doesn't have any other restrictions. Such evidence could be publications/growing citations/selection of abstracts for oral presentations/investigator awards (including early career investigator ones)/grant awards etc. I am EB1A myself and would be happy to provide such evidence if requested to (even though my I-140 was approved using PP a year ago). However, as other posters have mentioned, the erratic non-linear processing is the most frustrating part. Reasonable requests for evidence/other checks are all completely fine as long as they are conducted in a *fair & efficient fashion* for everyone.
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