amitpan007
06-09 12:26 PM
You got to ignore some of these statuses from certain IOs. I went for infopass end of may and I was told namecheck is pending. When i said it does not matter anymore since it has passed 180 days, he mentioned that its not official yet and gave me a document describing name check process which mentioned something about N-400 which i believe is for FB. Talked to IO over the phone a week later and I was told that its assigned to the officer and Visa Number also assigned. Got the Card Production Ordered email next day.
wallpaper Theme: Amor Amor
glus
09-24 09:11 AM
My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.
I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
Hi,
I had the same problem some time ago. I wanted to go to school while my AOS was pending, but the school started making troubles due to this. My attorney wrote up a letter. In the letter she stated, "There is nothing in the U.S. Immigration Law (INA), that prohibits one to attend school while the Adjustment of Status of such a person is pending. INA does not require a person in Adjustment of Status to obtain form I-20" After that, the school just accepted me w/o form I-20. It was a private school so tuition was same as for others.
I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
Hi,
I had the same problem some time ago. I wanted to go to school while my AOS was pending, but the school started making troubles due to this. My attorney wrote up a letter. In the letter she stated, "There is nothing in the U.S. Immigration Law (INA), that prohibits one to attend school while the Adjustment of Status of such a person is pending. INA does not require a person in Adjustment of Status to obtain form I-20" After that, the school just accepted me w/o form I-20. It was a private school so tuition was same as for others.
rkotamurthy
09-29 10:20 PM
There are lot of action items post DC Rally/Lobby Day. If you have ideas for
increasing IV's publicity, visibility or member participation, this meeting
would be a good platform to brainstrorm. We will need to move into a high
gear and start agressive campaign in So Cal.
Please join Local IV chapter and also attend Oct 6th meeting in Cerritos, CA. Meetings details can be found on Yahoo Group. For new members, this will be a great chance to meet and greet local IV members. For not-so-new members, this will be good chance to brainstrom about future actions.
Please be assured that it will not be a wasted Saturday afternoon.:)
increasing IV's publicity, visibility or member participation, this meeting
would be a good platform to brainstrorm. We will need to move into a high
gear and start agressive campaign in So Cal.
Please join Local IV chapter and also attend Oct 6th meeting in Cerritos, CA. Meetings details can be found on Yahoo Group. For new members, this will be a great chance to meet and greet local IV members. For not-so-new members, this will be good chance to brainstrom about future actions.
Please be assured that it will not be a wasted Saturday afternoon.:)
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Sunx_2004
10-22 03:50 PM
Cheques cashed on Friday got all receipts number today.
July 17th no receipt yet
Just chill
;)
July 17th no receipt yet
Just chill
;)
more...
andycool
07-18 11:05 AM
here is a brief account of my, and my spouse's, arduous but successful journey toward the coveted green cards. i hope this account helps you somehow.
(note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)
1. landed in the united states on f-1 visa -- september 2000.
2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.
3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)
4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).
5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.
6. graduated with advanced degree (and high academic honors) in december 2006.
7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.
8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.
9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.
10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.
11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).
12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.
13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.
14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.
15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).
16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!
17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.
18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!
notes in conclusion:
1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)
2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.
3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.
4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.
5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"
reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!
Dude ,
Its indeed a long Journey ....
Enjoy
Thanks
(note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)
1. landed in the united states on f-1 visa -- september 2000.
2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.
3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)
4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).
5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.
6. graduated with advanced degree (and high academic honors) in december 2006.
7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.
8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.
9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.
10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.
11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).
12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.
13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.
14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.
15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).
16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!
17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.
18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!
notes in conclusion:
1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)
2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.
3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.
4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.
5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"
reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!
Dude ,
Its indeed a long Journey ....
Enjoy
Thanks
ravi2patel
07-24 05:19 PM
I was wondering if you file for perm with company B and then at the time of 140 try to get the 2002 date of the RIR which is approved,if that can happen then you may be fine.I can be wrong in this.
good point...i will try that option. BTW, i have made an appointment to see another attorney...lets see what they have to say.
good point...i will try that option. BTW, i have made an appointment to see another attorney...lets see what they have to say.
more...
sabeesh
04-27 08:06 PM
Is there any minumum periods which i can reenter to us with the same old VISA. Means if i travel back on July/Aug and my VISA expires on Sept. I heard i should have a minimum 3 months validity for the VISA before i am reentering to US. Is that true?
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bbct
02-11 06:01 PM
http://www.prweb. com/releases/ 2009/02/prweb200 0494.htm
There were empty spaces in the URL. Try this...
http://www.prweb.com/releases/2009/02/prweb2000494.htm
There were empty spaces in the URL. Try this...
http://www.prweb.com/releases/2009/02/prweb2000494.htm
more...
gc_dedo
03-30 04:42 PM
I am not really sure why this really makes a difference. My perm was approved in EB3 in about 7 months but if I have to wait 30 years to get a GC what difference does it make ?!?
It makes a difference for people who are porting from EB3 to EB2
It makes a difference for people who are porting from EB3 to EB2
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m306m
07-31 04:18 PM
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
Are you sure she is 2 months away in getting her visa number current? For example if her priority date is Jan 1st 1998 and they are currently processing Nov 1st 1997. It seems like you mother will be current in 2 months but it could take USCIS 2 years to move forward 2 months in processing. Processing dates don't move by calendar time.
Maybe I am misunderstanding your question. If so please ignore the above.
If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
Are you sure she is 2 months away in getting her visa number current? For example if her priority date is Jan 1st 1998 and they are currently processing Nov 1st 1997. It seems like you mother will be current in 2 months but it could take USCIS 2 years to move forward 2 months in processing. Processing dates don't move by calendar time.
Maybe I am misunderstanding your question. If so please ignore the above.
If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.
more...
caond
05-07 05:41 AM
I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
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guru76
10-05 06:34 PM
I was once asked by an immigration officer in India why I was coming to India. I have an Indian passport. This was in Hyderabad.
So its not just US/Canada.
So its not just US/Canada.
more...
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vvincent72
08-16 04:59 PM
As per me, you really have to do "nothing"
1. You continue working with your present employer
2. Let the contract company get your H1B approved
3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
4. Wait for 6 months
5. After 6 months you will get EAD.
I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons
The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485
Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
1. You continue working with your present employer
2. Let the contract company get your H1B approved
3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
4. Wait for 6 months
5. After 6 months you will get EAD.
I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons
The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485
Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
tattoo Showing Result 1-4 of 4 Posts
vactorboy29
07-17 07:04 PM
I think we need to send flowers with thank you note to IV core members and congress woman.Let us get vote and send flowers to those addresses.
Thank you
Thank you
more...
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aamchimumbai
08-05 10:03 PM
it was pending..pls check the PM I sent you.
Thanks for your PM. Is it possible for you to provide additional details so that I can analyze your situation vs. mine.
I sent my I-485 application thrice to NSC and they returned my package. Although, the response rejecting my application was received from TSC, how funny!!
Anyways. I am hoping for dates to move forward in both category in Sep08 bulletin.
Thanks for your PM. Is it possible for you to provide additional details so that I can analyze your situation vs. mine.
I sent my I-485 application thrice to NSC and they returned my package. Although, the response rejecting my application was received from TSC, how funny!!
Anyways. I am hoping for dates to move forward in both category in Sep08 bulletin.
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manderson
11-19 06:17 PM
Don't worry about it. It's quite common. Infact I have a similar LUD.
Your 797 (Reciept Notice) hard copy will indicate the actual and official Receipt Date. In your case it will probably be Aug 16 (if you FedEx'd overnight). Oct 14 is the Notice Date.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
Your 797 (Reciept Notice) hard copy will indicate the actual and official Receipt Date. In your case it will probably be Aug 16 (if you FedEx'd overnight). Oct 14 is the Notice Date.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
more...
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looivy
11-05 08:42 PM
My lawyer had said that as long as you were married before the primary applicant's I-485 was approved, the spouse can be added even after the approval.
I don't understand about going to home country and coming back? PLease explain.
I don't understand about going to home country and coming back? PLease explain.
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username007
06-27 11:21 AM
My lawyer asked me to write my A# from my OPT card that I used in 1999-2000. According to him A# is assigend once for an individual and if you were assigned before you can continue to use that in future. Though I never used that in the past 7-8 years.
My wife got an OPT card last month and we used A# from that card for her dependent I-485 application
Is this information true?
My 140 is pending and I don't have the A#. Can I use that from my OPT card?
My wife got an OPT card last month and we used A# from that card for her dependent I-485 application
Is this information true?
My 140 is pending and I don't have the A#. Can I use that from my OPT card?
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ajju
08-30 02:06 AM
RedHat,
You were out of status for first 8 months.. It may reset once you went out of country and reenter... But still you need to take advice from a very good attorney... And you know it way down in your heart... don't you??
You were out of status for first 8 months.. It may reset once you went out of country and reenter... But still you need to take advice from a very good attorney... And you know it way down in your heart... don't you??
gova123
08-14 03:31 PM
I-485 AD: Jul-02-2007
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
You don't need no FP if your AD of I-485 is Jul 02...., Just kidding my friend....
Anyway, I have applied along with my wife on Jul 19, No receipts yet......
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
You don't need no FP if your AD of I-485 is Jul 02...., Just kidding my friend....
Anyway, I have applied along with my wife on Jul 19, No receipts yet......
grupak
03-28 11:09 AM
also, category selection (eb2, eb3 etc ) is not persistent in the session
Yeah, there are some kinks when checking different categories...
Question: Is there a way to search for IV handle? I wanted to look at my info.
Yeah, there are some kinks when checking different categories...
Question: Is there a way to search for IV handle? I wanted to look at my info.
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