
sapota
10-11 05:02 PM
bcos I was there stuck at BEC with no result in sight for 4 years.
My advice would be to file for another LC through PERM ( I know its hassle) & file it in the EB2 category if you are eligible (even if your company might not sponsor the 2nd labor, you should probably foot the bill). This way, you can retain your old priority date & file in EB2 sooner. Or maybe wait & watch how the cutoff dates progress ( I think EB3 will surely move to 2003 soon (early/spring 2008) for India.
I know that its not easy looking at all the threads talking about starting company using EAD, buying homes, recpt. number, AC21 etc. when you missed the boat to file I-485. But hang in there. When one door closes, another one opens.
My advice would be to file for another LC through PERM ( I know its hassle) & file it in the EB2 category if you are eligible (even if your company might not sponsor the 2nd labor, you should probably foot the bill). This way, you can retain your old priority date & file in EB2 sooner. Or maybe wait & watch how the cutoff dates progress ( I think EB3 will surely move to 2003 soon (early/spring 2008) for India.
I know that its not easy looking at all the threads talking about starting company using EAD, buying homes, recpt. number, AC21 etc. when you missed the boat to file I-485. But hang in there. When one door closes, another one opens.
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rb_248
10-30 03:47 PM
Just came back from Info pass appointment.
The officer told me that they haven't seen any thing wrong in the system.
Further he told in both of our cases the back ground check is completed and cases are "pre-adjudicated" (i don't know what does it mean)
Then i have asked him why the letter says "not admissible under the current law"
He said, there might be a very minor details the officer needs to clarify or send it to his superior for review. Further more he said he does not have the physical file in his hand right now if you want i will request for the file and look into that. I asked him what do you suggest on this, he said wait for some more time as i don't see any problems in your case. If i order the file your case will be taken out for nearly two months from the queue.
That sounds like good news. You must be relieved.
The officer told me that they haven't seen any thing wrong in the system.
Further he told in both of our cases the back ground check is completed and cases are "pre-adjudicated" (i don't know what does it mean)
Then i have asked him why the letter says "not admissible under the current law"
He said, there might be a very minor details the officer needs to clarify or send it to his superior for review. Further more he said he does not have the physical file in his hand right now if you want i will request for the file and look into that. I asked him what do you suggest on this, he said wait for some more time as i don't see any problems in your case. If i order the file your case will be taken out for nearly two months from the queue.
That sounds like good news. You must be relieved.

eagerr2i
11-13 01:06 AM
If you are planning on taking action against the attorney for fraud and mis representation, you may want to file a complaint in the bar of the state where your attorney practices. Bar complaints are taken very seriously and if you have proper documentation and are ready for the fight, he could even lose his license and/or penalized by the bar.
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kumar1
08-21 05:46 PM
When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
Hi All,
I am looking to change my employer, i am on H1B but have EAD approved (EB3 :(). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.
i have just once concern (well more of clarification than a concern):
- if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
- if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?
i may have few terminologies wrong so apologize for that.
will appreciate a response.
Thanks
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
Hi All,
I am looking to change my employer, i am on H1B but have EAD approved (EB3 :(). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.
i have just once concern (well more of clarification than a concern):
- if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
- if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?
i may have few terminologies wrong so apologize for that.
will appreciate a response.
Thanks
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ganguteli
03-27 09:31 AM
The reason is...probably we are not toiling that hard....As long as one has a paying job, things go reasonably smooth.....and we dont toil as much as it is made out to be.
The issue comes only when one loses the job...and had to play catch-up with immigration to keep us in status.
That is also the reason why you don't get mass participation in legal immigration activities.
I presume people are just happy with the status-quo! They think of going that extra length only when that status quo gets disrupted..
My 2 cents!
People will do anything only when they are in trouble. Before that they are happy with their status and would rather spend their time and dollars on fun things in life. Only when reality hits hard they will do anything. A fragmented effort will never be successful. Imagine if this driver License is taken up by thousands of people in a state and they march to the governor office on a day. This issue will make national headlines and state will correct it soon.
The issue comes only when one loses the job...and had to play catch-up with immigration to keep us in status.
That is also the reason why you don't get mass participation in legal immigration activities.
I presume people are just happy with the status-quo! They think of going that extra length only when that status quo gets disrupted..
My 2 cents!
People will do anything only when they are in trouble. Before that they are happy with their status and would rather spend their time and dollars on fun things in life. Only when reality hits hard they will do anything. A fragmented effort will never be successful. Imagine if this driver License is taken up by thousands of people in a state and they march to the governor office on a day. This issue will make national headlines and state will correct it soon.

yash04
08-01 12:14 PM
great let me know once you see any activity..my 140 too was approved from TSC,how bout u?
yeah mine too was approved at TSC..they were very fast with 1-140's --hope they are as effecient this time around too...
will let you know if anything...no RN and no checque cashed...
yeah mine too was approved at TSC..they were very fast with 1-140's --hope they are as effecient this time around too...
will let you know if anything...no RN and no checque cashed...
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greenlight
05-12 03:26 AM
Hello,
I am EB-3 ROW, and my PD has been current since March 2008.
I am wondering if anyone had to interview before their green card was approved? If so, please share your experience as well.
Thank you and congratulations.
I am EB-3 ROW, and my PD has been current since March 2008.
I am wondering if anyone had to interview before their green card was approved? If so, please share your experience as well.
Thank you and congratulations.
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Horace Jones
07-30 04:46 PM
I agree with most of the comments, the backlog definitely seems to be the overbearing issue here. The USCIS has faced a great deal of criticism because of this backlog, which many people argue is highly unfair. This article explains what I am talking about: Migration Information Source - USCIS Faces Criticism over Visa Backlog (http://www.migrationinformation.org/USfocus/display.cfm?id=665)
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path2success
01-02 10:27 AM
Hi Group,
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
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drirshad
06-05 05:06 AM
Things seems to be so messy that Ron has very cleverly avoided any speculation about the coming up visa bulletin.
http://www.immigration-information.com/forums/showthread.php?t=5185
Ron Gotcher cannot predict the July 2008 visa bulletin, following is what he says.
Historically, about 40% of all immigrant visas/adjustment approvals take place in the fourth quarter of the fiscal year (July - September). The law prohibits the issuance of more than 27% of the quota in any of the first three quarters. All visas that are unused (ordered but not issued) must be returned for use in the fourth quarter. This is why we see most visas being issued in the July - September interval.
This year, there is anecdotal evidence that the government may have violated the law and issued more visas in the first three quarters than permitted by statute. No one really knows if this is true or just the result of inartful language used by government officials. No one has released any absolute numbers as to actual issuances.
If the government did violate the law, then all bets are off and there is no way to anticipate what might be in the works.
If they did not violate the law, however, we can infer certain things from what we have seen thus far. We know that the CIS has enough AOS applications in the existing inventory (backlog) to fill the annual quota four times over. If they were processing with any degree of efficiency, cutoff dates would be backlogged worse that what they were at the start of the fiscal year last October. They aren't.
Because the CIS isn't processing cases at a rate sufficient to exhaust the annual quota, the State Department has had to move cutoff dates forward in order to attract more applicants to file overseas with consulates. This allows the State Department to step up and process immigrant visa applications and help exhaust the quota.
We know that CIS processing has been deficient this year because we have seen forward cutoff date movement. If the CIS were processing large numbers of cases, not only would forward cutoff date movement be wholly unnecessary, it would be grossly irresponsible.
Given the forward movement earlier in the year, I certainly expected to see substantial movement in June. That did not happen. Why it didn't happen is unknown. It could be that the CIS, wishing to avoid a repeat of last year, dropped everything an adjudicated a massive number of cases. I doubt that happened because we haven't seen any evidence of it. Had they approved a huge number of cases in a short period of time, it would have been all over the Internet.
It could also be that, once again, the CIS has solemnly promised the State Department that they really will adjudicate a huge number of cases this time and all those other years where they made the same promise and then failed to follow through don't really count because this time they really mean it.
Whatever the reason for the lack of movement in June, July will tell us what is going to happen for the balance of the fiscal year. If there is no substantial movement in July, then we are unlikely to see much movement in August or September. If there is substantial movement in July, however, we can probably expect to see a retrogression in September.
The July visa bulletin should be out around Monday, July 14th. Let's see what happens.
http://www.immigration-information.com/forums/showthread.php?t=5185
Ron Gotcher cannot predict the July 2008 visa bulletin, following is what he says.
Historically, about 40% of all immigrant visas/adjustment approvals take place in the fourth quarter of the fiscal year (July - September). The law prohibits the issuance of more than 27% of the quota in any of the first three quarters. All visas that are unused (ordered but not issued) must be returned for use in the fourth quarter. This is why we see most visas being issued in the July - September interval.
This year, there is anecdotal evidence that the government may have violated the law and issued more visas in the first three quarters than permitted by statute. No one really knows if this is true or just the result of inartful language used by government officials. No one has released any absolute numbers as to actual issuances.
If the government did violate the law, then all bets are off and there is no way to anticipate what might be in the works.
If they did not violate the law, however, we can infer certain things from what we have seen thus far. We know that the CIS has enough AOS applications in the existing inventory (backlog) to fill the annual quota four times over. If they were processing with any degree of efficiency, cutoff dates would be backlogged worse that what they were at the start of the fiscal year last October. They aren't.
Because the CIS isn't processing cases at a rate sufficient to exhaust the annual quota, the State Department has had to move cutoff dates forward in order to attract more applicants to file overseas with consulates. This allows the State Department to step up and process immigrant visa applications and help exhaust the quota.
We know that CIS processing has been deficient this year because we have seen forward cutoff date movement. If the CIS were processing large numbers of cases, not only would forward cutoff date movement be wholly unnecessary, it would be grossly irresponsible.
Given the forward movement earlier in the year, I certainly expected to see substantial movement in June. That did not happen. Why it didn't happen is unknown. It could be that the CIS, wishing to avoid a repeat of last year, dropped everything an adjudicated a massive number of cases. I doubt that happened because we haven't seen any evidence of it. Had they approved a huge number of cases in a short period of time, it would have been all over the Internet.
It could also be that, once again, the CIS has solemnly promised the State Department that they really will adjudicate a huge number of cases this time and all those other years where they made the same promise and then failed to follow through don't really count because this time they really mean it.
Whatever the reason for the lack of movement in June, July will tell us what is going to happen for the balance of the fiscal year. If there is no substantial movement in July, then we are unlikely to see much movement in August or September. If there is substantial movement in July, however, we can probably expect to see a retrogression in September.
The July visa bulletin should be out around Monday, July 14th. Let's see what happens.
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waitingnwaiting
11-12 09:45 AM
That means Eb-2 I screwed....for several months.
God bless all our Eb2-I guys.
They are very much better off now. Their dates will be all current in one-two years. We in EB3 have to wait 20 years. So couple of month wait is nothing.
God bless all our Eb2-I guys.
They are very much better off now. Their dates will be all current in one-two years. We in EB3 have to wait 20 years. So couple of month wait is nothing.
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Kitiara
02-07 09:50 AM
Either the beautiful princess or the wicked witch. Jury is still out on that one. :P
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spicy_guy
10-19 01:37 PM
Mine RD: Sep 3rd
I have booked tickets for Nov 18th.
I think I can wait until this month end to start expediting process. I will have 17 days window.
What do you suggest guys? Is that a reasonable time or I should start right away?
Thanks
I have booked tickets for Nov 18th.
I think I can wait until this month end to start expediting process. I will have 17 days window.
What do you suggest guys? Is that a reasonable time or I should start right away?
Thanks
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nc_sekar_415
01-27 04:08 PM
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
Hi,
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
Hi,
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
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diptam
08-20 09:50 PM
I understand your mental condition because my Labor was also traded in market during 2004... Dont take any impulsive step by reading forums ! Make sure you 've correct docs and stuffs before letting employer know that you sued them. Remember they can revoke H1B anytime showing completely different reasons.
Also remember you have to pay for your lawyer - this is not going to be a 'class action' or any 'criminal trial' that you be will assisted with lawyer.
I'm not discouragaing you to complain against wrong-doers but be ready before cracking down on them.
Good Luck !
No, they stopped responding to my emails from last month.
Also remember you have to pay for your lawyer - this is not going to be a 'class action' or any 'criminal trial' that you be will assisted with lawyer.
I'm not discouragaing you to complain against wrong-doers but be ready before cracking down on them.
Good Luck !
No, they stopped responding to my emails from last month.
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gaz
05-11 05:00 PM
Please don't open your mouth...it really really stinks :)
the expression of empathy should be appreciated, not berated. Illegal or not, these are still people who are affected - and in this case children. And, its difficult to see any kids suffer for anything no matter what their background is.
the expression of empathy should be appreciated, not berated. Illegal or not, these are still people who are affected - and in this case children. And, its difficult to see any kids suffer for anything no matter what their background is.
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buddyinsd
10-28 01:49 AM
Mr. Murthy didn't bring out the message correctly. If you read clearly his message is directed towards state govts which dont provide infrastructure and mandatory English as education. So, I think he meant that as long as state govts act upon giving good infrastructure and mandatory English, young talent will remain in India.
But r the bloody politicians listening?
The man is worth $1.6 billion and need not resort to such cheap gimmicks and hez no longer the chief of Infosys. And the guy who cant interpret a simple message and calling it a gimmick whoz he? Some small time programmer sitting in a corner typing stuff about Infosys/gimmicks???--- LOL. Give the revolutionary businessman some respect will ya?
But r the bloody politicians listening?
The man is worth $1.6 billion and need not resort to such cheap gimmicks and hez no longer the chief of Infosys. And the guy who cant interpret a simple message and calling it a gimmick whoz he? Some small time programmer sitting in a corner typing stuff about Infosys/gimmicks???--- LOL. Give the revolutionary businessman some respect will ya?
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Jaime
09-06 03:02 PM
We who are stuck in the long waits, it's time for us to rise to the ocassion, attend the rally and untsick ourselves from this, if no one else does it. Only we can free ourselves and get what is only fair! The right to contribute with our skills!
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arnab221
04-29 12:23 PM
Quick Chain of events .
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
uslegals
11-06 11:02 AM
Thanks bharatpremi - thats a pretty comprehensive scenario.! Very helpful indeed.!
My Infopass appt. is next week in baltimore. My EAD & AP are still pending for both me and my wife. 90 days was y'day.! USCIS recd. our EAD & AP applications on 8/7.
I have scheduled my appt. for tuesday morning. I could provide only my info (A# and receipt #) online - can i take my wife along too although she hasn't officially scheduled a appt for tuesday with me.? Do you know if they may object when we have filled ii only 1 person online but 2 show up for the appt.?
Thanks.!
My Infopass appt. is next week in baltimore. My EAD & AP are still pending for both me and my wife. 90 days was y'day.! USCIS recd. our EAD & AP applications on 8/7.
I have scheduled my appt. for tuesday morning. I could provide only my info (A# and receipt #) online - can i take my wife along too although she hasn't officially scheduled a appt for tuesday with me.? Do you know if they may object when we have filled ii only 1 person online but 2 show up for the appt.?
Thanks.!
nkhari
07-19 10:22 AM
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HIV test, the result is you already know..
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