DDash
08-06 04:50 PM
Tsc
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Munna Bhai
01-08 01:56 PM
Hello,
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
belmontboy
08-14 08:41 PM
Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back) -
he could either be lying or the lawyer screwed up
- Can this actually happen (that RFE doesn't get delivered at all) ?? -
Lawyer gets the RFE. If lawyer screwed it, u can probably report it to bar. If ur employer didnot bother to respond, there is nothing much u can hold against him.
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
you can track ur case online.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Answers inline.
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back) -
he could either be lying or the lawyer screwed up
- Can this actually happen (that RFE doesn't get delivered at all) ?? -
Lawyer gets the RFE. If lawyer screwed it, u can probably report it to bar. If ur employer didnot bother to respond, there is nothing much u can hold against him.
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
you can track ur case online.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Answers inline.
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
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centrum
10-28 10:23 AM
Important Visa and Immigration Documents (http://www.upenn.edu/oip/iss/visa/documents.html)
Is the statement under passport true? I still shouldn't have any problem right?
Can someone answer this please?
Is the statement under passport true? I still shouldn't have any problem right?
Can someone answer this please?
more...
Bezzer
09-07 08:38 AM
yeah i thought the older one was better... but hey do what u want...
:)
:)
gconmymind
08-18 04:25 PM
If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.
She should be able to enter on H4. Then apply for COS from H4 to H1 when she is in US. This should take about 3 months.
If possible, get the H1 visa stamped while in India. She can then enter on H1.
I think there should not be any issues either way...
She should be able to enter on H4. Then apply for COS from H4 to H1 when she is in US. This should take about 3 months.
If possible, get the H1 visa stamped while in India. She can then enter on H1.
I think there should not be any issues either way...
more...
Winner
06-18 03:39 PM
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
Cognizant to Wipro? Out of the frying pan, into a fire? :)
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
Cognizant to Wipro? Out of the frying pan, into a fire? :)
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GCNeophyte
08-16 01:32 PM
Thanks for the replies. I am going to consult with an Attorney.
I wanted to get other valuable opinions.
Congratulations...
I don't think your EB2 was automatically ported. This approval is one of the USCIS's unknown GC processing strategy. I have known two cases in EB3 got approved when PD's were in "Unavailable", Yes, its for EB3-I.
Don't think too much, have a professional advise and Enjoy your freedom.
I wanted to get other valuable opinions.
Congratulations...
I don't think your EB2 was automatically ported. This approval is one of the USCIS's unknown GC processing strategy. I have known two cases in EB3 got approved when PD's were in "Unavailable", Yes, its for EB3-I.
Don't think too much, have a professional advise and Enjoy your freedom.
more...
starlite
07-22 04:27 AM
I guess this community is not for willful violators like you. Here we are trying to share information from/for people who follow rules. There are many people (anti-immigration lobbyist and anti-H1b lobby) reading this forum. This will give impression as if this forum is for giving advise to people like you who do not care for the law and will give bad name to IV. I guess you should cough up some money and get advise from a good immigration lawyer. Also, I would suggest a moderator or administrator to look into this matter adn have this thread removed.
Dear 1234mg,
The immigrant community makes up for all kinds of people with different harships and challenges. My personal story has to do with being out of status as a minor due to the lack of resources that my parents couldn't keep me in status. Yes, my presence in the past violated the immigration law, but it was due to circumstances that were out of my control. And I've taken personal responsiblity to keep my records in accordance of the law ever since I reentered the US.
Your description of my story as "willful" violation is very judgmental and sounds like you feel righteous. But I bet you personally know someone who may have been out of status for one reason or another and I wonder if you are this confrontational and heartless with the person.
If you don't have words of encouragement or constructive feedback, then I suggest that you worry about your own. It doesn't take too much to get out of status given the current immigration system nowadays.
Dear 1234mg,
The immigrant community makes up for all kinds of people with different harships and challenges. My personal story has to do with being out of status as a minor due to the lack of resources that my parents couldn't keep me in status. Yes, my presence in the past violated the immigration law, but it was due to circumstances that were out of my control. And I've taken personal responsiblity to keep my records in accordance of the law ever since I reentered the US.
Your description of my story as "willful" violation is very judgmental and sounds like you feel righteous. But I bet you personally know someone who may have been out of status for one reason or another and I wonder if you are this confrontational and heartless with the person.
If you don't have words of encouragement or constructive feedback, then I suggest that you worry about your own. It doesn't take too much to get out of status given the current immigration system nowadays.
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eb3_nepa
05-02 04:07 PM
At this rate Aman is soon gonna become a Senator or a Congressman :) ;)
more...
rick_rajvanshi
12-07 12:06 PM
I won't worry about this at all as they have addressed this situation few weeks back here :
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5e0bc5afdc095110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
Moreover , I have found it easier to get hold of IO ( call center guy quickly handovers calls to IO ) when I call them to check for status on a my AP which is not appearing on the CaseStatus web site.
Q : I have received my receipt notice, but when I check my case online it does not appear. How do I get my case added to the system, so I can check on the progress of my case? NEW
We have had an unprecedented number of applications filed in the last few months. Our efforts to enter these applications into our systems have caused a delay in the transfer of information from our case control system to the Case Status Online system. We are seeing delays of up to three to four weeks between receipting of your application and its status being available online. We are reviewing solutions to resolve the situation as soon as possible.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5e0bc5afdc095110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
Moreover , I have found it easier to get hold of IO ( call center guy quickly handovers calls to IO ) when I call them to check for status on a my AP which is not appearing on the CaseStatus web site.
Q : I have received my receipt notice, but when I check my case online it does not appear. How do I get my case added to the system, so I can check on the progress of my case? NEW
We have had an unprecedented number of applications filed in the last few months. Our efforts to enter these applications into our systems have caused a delay in the transfer of information from our case control system to the Case Status Online system. We are seeing delays of up to three to four weeks between receipting of your application and its status being available online. We are reviewing solutions to resolve the situation as soon as possible.
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pitha
01-21 12:12 AM
IV in good faith shared there plan about 485 provision with everybody. And it backfired spectacularly, though for no fault of IV. There were (and still are) a lot of bad apples who made a lot of noise not just here but also went on to other sites to carry there agenda. There agenda is to oppose 485. I am not against idea of opposite point of view but look at the extent these people went to push there agenda. They are calling IV all sorts of names and casting aspirations on IV team.
I personally support the filing of 485 provision. But whatever decision IV has about 485 issues may be it is better of that they not disclose it. Hind sight is 20-20 but it might have been better if IV pushed this idea without informing everybody.
I am not second guessing or doing Monday night quarterbacking but just saying with the lessons learned going forward not to disclose information. Democracy does not mean leadership has to run by each decision or explain each decision to everybody. IV is stuck between the devil and deep sea. Damned if the disclose damned if they do not disclose. Bottom line of what I am trying to say is we should get used to information blackouts. We are not getting any information but the important thing is our opposition is also not getting information about IV plans. It might be better that way. Now the difficult part is explaining that to people who want updates.
I personally support the filing of 485 provision. But whatever decision IV has about 485 issues may be it is better of that they not disclose it. Hind sight is 20-20 but it might have been better if IV pushed this idea without informing everybody.
I am not second guessing or doing Monday night quarterbacking but just saying with the lessons learned going forward not to disclose information. Democracy does not mean leadership has to run by each decision or explain each decision to everybody. IV is stuck between the devil and deep sea. Damned if the disclose damned if they do not disclose. Bottom line of what I am trying to say is we should get used to information blackouts. We are not getting any information but the important thing is our opposition is also not getting information about IV plans. It might be better that way. Now the difficult part is explaining that to people who want updates.
more...
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anil
04-02 11:20 AM
I would rather fight it here without sending her to India (it happened to me). If you (primary) are living here legally with all your past H1's available in hand, then you hire a gora lawyer. Don't go to Murthy or Rajiv Khanna, they charge hefty. Basically what you need to do is -
1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew...
2) Attach all H1/H4 copies of yourself and her with I-94.
3) Fill in H4 renewal application
3) Have the lawyer send all paperwork it to INS asap
When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.
1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew...
2) Attach all H1/H4 copies of yourself and her with I-94.
3) Fill in H4 renewal application
3) Have the lawyer send all paperwork it to INS asap
When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.
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nogc_noproblem
04-15 12:51 PM
9 Years, with one employer!!! immmm..
If the employer is good it is ok, what if not?
I don�t know how many of our most productive life time is going to be stagnated because of this GC wait.
Lunch Time (EST), on the lighter note�.
Tourists in the Museum of Natural History ...
...were marveling at the dinosaur bones. One of them asks the blonde guard, 'Can you tell me how old the dinosaur bones are?'
The guard replies, 'They are 3 million, four years, and six months old.'
'That's an awfully exact number,' says the tourist. 'How do you know their age so precisely?'
The guard answers, 'Well, the dinosaur bones were three million years old when I started working here, and that was four and a half years ago!'
If the employer is good it is ok, what if not?
I don�t know how many of our most productive life time is going to be stagnated because of this GC wait.
Lunch Time (EST), on the lighter note�.
Tourists in the Museum of Natural History ...
...were marveling at the dinosaur bones. One of them asks the blonde guard, 'Can you tell me how old the dinosaur bones are?'
The guard replies, 'They are 3 million, four years, and six months old.'
'That's an awfully exact number,' says the tourist. 'How do you know their age so precisely?'
The guard answers, 'Well, the dinosaur bones were three million years old when I started working here, and that was four and a half years ago!'
more...
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AnalyzeThis
03-19 12:36 AM
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Hi Smerchas, From what I know, you need to have approved AP before you leave the country, otherwise your AOS application is deemed abandoned. I think "Advance Parole" means just that, you have to have it in Advance of leaving the country for it to have any meaning. Please do check with a lawyer before taking any step that may cause heartburn later. Best wishes and good luck.
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Hi Smerchas, From what I know, you need to have approved AP before you leave the country, otherwise your AOS application is deemed abandoned. I think "Advance Parole" means just that, you have to have it in Advance of leaving the country for it to have any meaning. Please do check with a lawyer before taking any step that may cause heartburn later. Best wishes and good luck.
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Raj_2009
12-16 03:37 PM
Hi experts,
I need some expert advice for H1B transfer case and vacation plan.
Background:
I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.
Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.
Legal opinion
But my attorney says that
1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.
Questions:
But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.
I have few below questions regarding the situation that I have. Kindly answer my questions..
1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?
3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.
Kindly provide your honest opinions so that I can take my decision for my future.
Thanks,
Raj
I need some expert advice for H1B transfer case and vacation plan.
Background:
I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.
Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.
Legal opinion
But my attorney says that
1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.
Questions:
But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.
I have few below questions regarding the situation that I have. Kindly answer my questions..
1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?
3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.
Kindly provide your honest opinions so that I can take my decision for my future.
Thanks,
Raj
more...
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Can2004
08-03 10:19 AM
How often is finger printing required/asked for during the 485 process.
Thanks
Thanks
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fatjoe
10-23 10:53 AM
I found that EADs from NSC are being issued for filers until Aug13, as of now. I guess the processing time is like a week and half of the week, for every day. So you could be getting in 3 weeks.
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coolpal
02-03 03:54 PM
I really hate to feed the troll...
But guys, please think before you post. Feeding trolls is a waste of time, fame and everything.
Mr./Ms. fairyangel, if you are really who you are claiming to be, then you are on the wrong forum. Your status is considered illegal, and people here don't support it.
pal :)
But guys, please think before you post. Feeding trolls is a waste of time, fame and everything.
Mr./Ms. fairyangel, if you are really who you are claiming to be, then you are on the wrong forum. Your status is considered illegal, and people here don't support it.
pal :)
dc2007
07-31 08:17 PM
I am in the same boat.
I applied I-140 in premium processing(Labor applied Apr 2004, Approved Jan 2007). Got RFE to show 5 yrs of exp. My Lawyer replied to RFE on 26th July and USCIS received the documents on 30th of July 2007.
The problem is that USCIS site is showing that they will take upto 60 days to reply. Though I have applied in Premium processing but I guess they answer queries in normal time.
There is a 50-50 chance of getting my RFE cleared. Please suggest:
1. Can I file I-485 before 17th Aug ?
2. If I can, do I have to pay old Fees ?
3. Can I file without medical ?
Please guide ?
Thanks
DC
I applied I-140 in premium processing(Labor applied Apr 2004, Approved Jan 2007). Got RFE to show 5 yrs of exp. My Lawyer replied to RFE on 26th July and USCIS received the documents on 30th of July 2007.
The problem is that USCIS site is showing that they will take upto 60 days to reply. Though I have applied in Premium processing but I guess they answer queries in normal time.
There is a 50-50 chance of getting my RFE cleared. Please suggest:
1. Can I file I-485 before 17th Aug ?
2. If I can, do I have to pay old Fees ?
3. Can I file without medical ?
Please guide ?
Thanks
DC
neoklaus
11-01 01:44 PM
EB3(ROW)
NSC ( I 485, EAD, AP)
Receipt: Aug.16
RN: Oct.1
FP(notice): Oct.22
FP: Nov.9
EAD: me+child:Oct.24
wife- not yet
AP: nothing
NSC ( I 485, EAD, AP)
Receipt: Aug.16
RN: Oct.1
FP(notice): Oct.22
FP: Nov.9
EAD: me+child:Oct.24
wife- not yet
AP: nothing
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