
chanduv23
09-10 10:50 AM
Please post your suggest to change H-1B program so that it becomes fair to all. I have started new thread for this purpose.
http://immigrationvoice.org/forum/showthread.php?p=162510#post162510
Right now - lets encourage people to join rally
http://immigrationvoice.org/forum/showthread.php?p=162510#post162510
Right now - lets encourage people to join rally
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howzatt
07-12 09:33 AM
This and the new rumor that two senators were influencing USCIS clearly implies that the whole mess is a result of the CIR bill.
I can recall watching c-span a few days before the july bulletin came out. He said something on these lines "If we have 400-500,000 legal immigrants in the backlog for the past 4-5 years, how do you think we will able to provide GC to 11 million illegal immigrants?"
A few days after this, the July visa bulletin is released. CIR dies on June 26th or 27th and the two senators(whoever they are) influenced USCIS to "use up" all the numbers. THe more you read into this mess, it becomes clear that CIR was the root cause for the roller coaster ride of emotions.
This stuff is not a revelation but it confirms our suspicion all along that this was a political drama. I dont think this had anything to do with the fee increase.
I hope 60 minutes covers this scandal. If anyone has contacted 60 minutes, can you please let us know their email address?
I can recall watching c-span a few days before the july bulletin came out. He said something on these lines "If we have 400-500,000 legal immigrants in the backlog for the past 4-5 years, how do you think we will able to provide GC to 11 million illegal immigrants?"
A few days after this, the July visa bulletin is released. CIR dies on June 26th or 27th and the two senators(whoever they are) influenced USCIS to "use up" all the numbers. THe more you read into this mess, it becomes clear that CIR was the root cause for the roller coaster ride of emotions.
This stuff is not a revelation but it confirms our suspicion all along that this was a political drama. I dont think this had anything to do with the fee increase.
I hope 60 minutes covers this scandal. If anyone has contacted 60 minutes, can you please let us know their email address?

sledge_hammer
07-22 05:40 PM
No
hi guys,
i bet this question must have been asked before but i couldn't find the relevant thread so i'm asking again. Apologies if its a repeat.
I am maintaining my h1-b while my aos is pending. Last year my wife went to india while she had valid h4 (not stamped in passport) and ap documents. She did not get her visa stamped and reentered the country using the ap with no issues. He i-94 said parolled till some date, march 2009. I totally forgot about it and never renewed her ap or mine. Does it pose any kind of threat to her legal status in the us and aos?
I am still working on h1 and she is a parolee.
Thanks in advance fopr the responses.
hi guys,
i bet this question must have been asked before but i couldn't find the relevant thread so i'm asking again. Apologies if its a repeat.
I am maintaining my h1-b while my aos is pending. Last year my wife went to india while she had valid h4 (not stamped in passport) and ap documents. She did not get her visa stamped and reentered the country using the ap with no issues. He i-94 said parolled till some date, march 2009. I totally forgot about it and never renewed her ap or mine. Does it pose any kind of threat to her legal status in the us and aos?
I am still working on h1 and she is a parolee.
Thanks in advance fopr the responses.
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burnt
12-12 01:53 PM
Friends - Do they ask for I-485 receipts at the port of entry while returning on AP?
more...

jetflyer
06-10 09:09 AM
Long History
Mix of Visa Types
Labor Sub
These might have pulled the trigger for RFE
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
Mix of Visa Types
Labor Sub
These might have pulled the trigger for RFE
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?

Lucky7
12-04 09:22 PM
[QUOTE=GCwaitforever]That is somewhat slavish mentality. For a different perspective ... In the words of Curt Flood, "A well-paid slave is nonetheless a slave".
I think you hit the nail on the head GC,even though i get paid very nicely i honestly feel like a slave every single day for the past 6 yrs.
The last job i had to turn down was with a fortune 100 company and would have got to work on retrofit work on the Petronas Towers,every Architects dream, but had to turn it down because i cant travel till i get my GC cleared.
As far as a lawsuit i think if DOL does not clear all cases by end of 2007 all people affected should donate $300 towards a class action lawsuit,people who can afford more should donate more obviously,and even if it does not achieve much at least it would get pulblic attention.
I think you hit the nail on the head GC,even though i get paid very nicely i honestly feel like a slave every single day for the past 6 yrs.
The last job i had to turn down was with a fortune 100 company and would have got to work on retrofit work on the Petronas Towers,every Architects dream, but had to turn it down because i cant travel till i get my GC cleared.
As far as a lawsuit i think if DOL does not clear all cases by end of 2007 all people affected should donate $300 towards a class action lawsuit,people who can afford more should donate more obviously,and even if it does not achieve much at least it would get pulblic attention.
more...

ita
01-23 03:15 PM
Did you mean the perosn filling the form or people visiting (between 15-55 years of age?)
I finished D156 but didn't show 157 form
Thank you.
I finished D156 but didn't show 157 form
Thank you.
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rex
04-25 11:00 AM
hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
more...

onemorecame
07-25 11:45 AM
Here is the calculation I came up with USCIS processing of our I-485 applications.
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
Good Calculation
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
Good Calculation
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dreamgc_real
08-03 12:05 PM
My EAD details
Mailed Date : 5/24/10
Received Date : 5/26/10
Notice Date: 06/03/10
Checks Cashed: Yes
File Type: Paper/E-filed/Lawyer - Lawyer
Service Center/Lockbox : TSC
RFE DATE: N/A
RFE Description: N/A
SR Opened: Yes ( 07/26/2010)
InfoPass: NO
Current EAD Expiry: 9/03/10
Approval Date:
Approval Desc:
EAD Validity:
I have opened SR @( 07/26/2010) and got the reply back by mail below
----------------------------------------------------------------------------------------------------
The status of the Service Request is
Case type:-- I765
The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.
Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file
-----------------------------------------------------------------------------------------------------
Is this denial of service request or denial of EAD Renewal?
I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.
What should I do now? Please let me know.
Thx
KPR
What does your lawyer say? He should be able to let you know exactly what the letter means - denial for SR or EAD. Check with him.
Mailed Date : 5/24/10
Received Date : 5/26/10
Notice Date: 06/03/10
Checks Cashed: Yes
File Type: Paper/E-filed/Lawyer - Lawyer
Service Center/Lockbox : TSC
RFE DATE: N/A
RFE Description: N/A
SR Opened: Yes ( 07/26/2010)
InfoPass: NO
Current EAD Expiry: 9/03/10
Approval Date:
Approval Desc:
EAD Validity:
I have opened SR @( 07/26/2010) and got the reply back by mail below
----------------------------------------------------------------------------------------------------
The status of the Service Request is
Case type:-- I765
The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.
Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file
-----------------------------------------------------------------------------------------------------
Is this denial of service request or denial of EAD Renewal?
I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.
What should I do now? Please let me know.
Thx
KPR
What does your lawyer say? He should be able to let you know exactly what the letter means - denial for SR or EAD. Check with him.
more...

BMS1
11-08 01:17 PM
NO,
Family based has 1.3 Million pending applications.
AOS has only 655K. So be happy. :D
Do you mean EB based AOS alone is 655K? 1.3 million is I-130 petition which is different from AOS.
Family based has 1.3 Million pending applications.
AOS has only 655K. So be happy. :D
Do you mean EB based AOS alone is 655K? 1.3 million is I-130 petition which is different from AOS.
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Rakson
02-28 11:12 AM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
more...
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adobe howm
09-23 11:50 AM
09/22/2008: USCIS Ombudsman Assistance Available for EAD Delay Cases
If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.
Source: www.immigration-law.com
Thanks for the effort. this indeed reaches where it suppose to be - helping someone with similar need. appreciated. not sure how to give you my green though.
If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.
Source: www.immigration-law.com
Thanks for the effort. this indeed reaches where it suppose to be - helping someone with similar need. appreciated. not sure how to give you my green though.
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sgorla
02-20 03:30 PM
Out of 105960 filed applications, 79,782 applications have been certified, and Indians have 22,298, which is almost 28 % (DOL certified EB petitions).
I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :
Total : 105960
India : 26636 = 25.2%
China : 8222 = 7.75%
No wonder china is moving faster in the EB categories
I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :
Total : 105960
India : 26636 = 25.2%
China : 8222 = 7.75%
No wonder china is moving faster in the EB categories
more...
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grupak
11-26 04:42 PM
To all IV members (and others), who have decided not to participate in the rally due to various reasons, I request you to give a very serious thought, and consideration, before reaching the final decision.
WD, I will either participate in the rally if my schedule allows it (I teach) or contribute towards it.
WD, I will either participate in the rally if my schedule allows it (I teach) or contribute towards it.
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gc_wannabe
06-17 03:30 AM
that dates being current is not an indication of you getting your GC. The dates have to be current for a long time for you to see the approval.
It is very unfortunate that your lives can be tied to this dates circus. :(
Well, I understand that. But, when the stars line up finally, I don't want to see my application having problems because I used a pre-approved labor.
it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.
It is very unfortunate that your lives can be tied to this dates circus. :(
Well, I understand that. But, when the stars line up finally, I don't want to see my application having problems because I used a pre-approved labor.
it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.
more...
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ash27
04-03 02:02 PM
It is still not very clear if working with companies like TekSystems on EAD is fine using AC-21.
This question has been asked before. However, I have not seen any specific answers regarding this. Any information will be appreciated.
Thanks
This question has been asked before. However, I have not seen any specific answers regarding this. Any information will be appreciated.
Thanks
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milind70
12-03 08:32 AM
I had very very bad experience in Mumbai. I had lost my all documents except passport .Keep ur Documents all the time with you no matter what situation would be. Look for good safe hotel don’t go after chip hotel. One more thing keep all your valuables in secured place.
At consulate experience was pleasant.
This case u described is common and applicable to any city in world/India so please dont single out Mumbai. It is a fine city.
At consulate experience was pleasant.
This case u described is common and applicable to any city in world/India so please dont single out Mumbai. It is a fine city.
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morchu
04-21 01:35 PM
See my answers below:
a) Yes. You need to file another H1B+COS and wait for its approval. Wont be counted in cap.
b) Yes, you can. It is a simple application. You may even travel outside of USA and get an H4 stamp from a US consulate in India/Canada/Mexico, without any COS application.
c) Yes you can file for AOS. But at the time of filing of AOS you should have an "intention" to join the employer permanently, and the offered permanent position should be available at that time, and the employer should have an "intention" to employ you permanently.
You can file for Consular Processing, but for that you might need to file an I-824 now.
Again the same things mentioned above for AOS applies.
-Morchu
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
a) Yes. You need to file another H1B+COS and wait for its approval. Wont be counted in cap.
b) Yes, you can. It is a simple application. You may even travel outside of USA and get an H4 stamp from a US consulate in India/Canada/Mexico, without any COS application.
c) Yes you can file for AOS. But at the time of filing of AOS you should have an "intention" to join the employer permanently, and the offered permanent position should be available at that time, and the employer should have an "intention" to employ you permanently.
You can file for Consular Processing, but for that you might need to file an I-824 now.
Again the same things mentioned above for AOS applies.
-Morchu
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
black_logs
04-13 10:00 AM
But before you send it you make sure you do not want the labor substitution to stay. The AILA draft supports labor substitution.
Here you go, you can use this as a draft and keep the relevant parts of the comments or adjust accordingly : http://capwiz.com/aila2/issues/alert/?alertid=8652851
Here you go, you can use this as a draft and keep the relevant parts of the comments or adjust accordingly : http://capwiz.com/aila2/issues/alert/?alertid=8652851
mhtanim
02-23 09:40 PM
If PD is not current, will USCIS process your I-485 application?
NSC indicates that they are processing I-485 applications with notice date of July 30, 3007. Does it mean they have processed all the I-485 applications received (ND) prior to that date even if PD was not current for all those applications?
NSC indicates that they are processing I-485 applications with notice date of July 30, 3007. Does it mean they have processed all the I-485 applications received (ND) prior to that date even if PD was not current for all those applications?
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