abhijitp
08-21 07:33 PM
My lawyer told me that 140 PP can't be filed with a copy of LC. They say you can only file regular processing if you don't have the original LC.
She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.
This is exactly why a successor in interest I-140 cannot be premium processed.
Original poster, as long as you have one I-140 receipted/approved with original LC, you should be able to send that receipt/approval notice copy and ask that they honor your new I-140 with copy of LC
She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.
This is exactly why a successor in interest I-140 cannot be premium processed.
Original poster, as long as you have one I-140 receipted/approved with original LC, you should be able to send that receipt/approval notice copy and ask that they honor your new I-140 with copy of LC
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Hey Ram GC
04-08 12:25 PM
so are you going to get your EAD renewed this time?
BornConfused
07-03 11:12 AM
Oh... ok. Where can I see which service station the aplication should go to? I'm in NY
I'm pretty sure yours would go to Vermont, but don't take my word for it, why don't you make a quick thread and maybe someone with more experience can help you out.
I'm pretty sure yours would go to Vermont, but don't take my word for it, why don't you make a quick thread and maybe someone with more experience can help you out.
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newlife2
09-19 10:18 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
more...
punjabi
07-31 02:56 PM
If she has been out of USA during her 6 years of H-1B, she can use that period for her H1B extension. It can give her an extra breathing space.
Also, for 180 days, she can stay in USA but I am not sure if these 180 days is from the date she last time entered in USA or from the day her visa ends.
I suggest you to consult a good attorney. It is suggested to spend some time and money on attorney and help her stay out of trouble.
Good luck.
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
.....
.....
through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
Also, for 180 days, she can stay in USA but I am not sure if these 180 days is from the date she last time entered in USA or from the day her visa ends.
I suggest you to consult a good attorney. It is suggested to spend some time and money on attorney and help her stay out of trouble.
Good luck.
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
.....
.....
through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
factoryman
06-19 01:31 PM
Don't know what the officer will do. Don't tell me I didn't tell you.
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
any members planning consular processing in delhi ???
please respond
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
any members planning consular processing in delhi ???
please respond
more...
mukeshjaiswal
11-07 10:51 AM
Gurus,
On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.
Hello bharmohan,
What is status of your current status, did you got the visa or still waiting for the response.
I am also in same boat and got the 221 - g green slip on Aug 11th at Delhi consulate and later my I-797 status was changed to Post Decision Activity, I am still waiting on my case, please update on your status.
On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.
Hello bharmohan,
What is status of your current status, did you got the visa or still waiting for the response.
I am also in same boat and got the 221 - g green slip on Aug 11th at Delhi consulate and later my I-797 status was changed to Post Decision Activity, I am still waiting on my case, please update on your status.
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rogerdepena
08-01 10:47 PM
These are applications entered into the system on August 1st, not the ones received on August 1st.
i disagree, they usually put the date of receipt in there and not the encoded date.
i disagree, they usually put the date of receipt in there and not the encoded date.
more...
amitjoey
08-21 05:12 PM
I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).
Now, I finally made my mind and about to get an offer (after labor day, they say).
The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"
My PD is July 31st, 2006.
Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.
please advise if the timing (within 3 months) makes sense.
Please also shed light on the permanent intent thing .
Many thanks
With a PD of 2006, how can your lawyer say he is certain about you getting your GC?. Only possible if you were ROW (Not from retrogressed countries) or if you are in the EB1 Category. Do you have an approved I-140?. Please state your nationality, EB-Category and other details.
Now, I finally made my mind and about to get an offer (after labor day, they say).
The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"
My PD is July 31st, 2006.
Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.
please advise if the timing (within 3 months) makes sense.
Please also shed light on the permanent intent thing .
Many thanks
With a PD of 2006, how can your lawyer say he is certain about you getting your GC?. Only possible if you were ROW (Not from retrogressed countries) or if you are in the EB1 Category. Do you have an approved I-140?. Please state your nationality, EB-Category and other details.
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kentsubra
10-10 12:06 PM
i filed for me and my wife through the lawyer on july 6th at NSC. I did not and havent received a receipt; however, 2 days ago we both received the EAD card (no AP yet) through the mail. I THEN went and checked the status online, and there it said cards had been ordered for processing.
Also, it turns out my lawyer had received the receipt notice on Sept. 18th, but i didnt.
Hope you get yours soon.
Also, it turns out my lawyer had received the receipt notice on Sept. 18th, but i didnt.
Hope you get yours soon.
more...
akhilmahajan
05-14 11:34 AM
RD:- March 8th, 2007
As of 05/14/2007:- Pending.
Labor Jan, 2007.
As of 05/14/2007:- Pending.
Labor Jan, 2007.
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sushilup
08-22 10:37 AM
Hello Guys,
I refresh this site lot of time and I know many more do the same. Probably it brings u closer to GC:)
I know many people put money in stocks...we might start sharing our views and make some money with GC...that will wooooooooooooooooooow:D
What other people think?
I refresh this site lot of time and I know many more do the same. Probably it brings u closer to GC:)
I know many people put money in stocks...we might start sharing our views and make some money with GC...that will wooooooooooooooooooow:D
What other people think?
more...
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maharshijb
05-05 09:30 AM
Hiring Manager has asked me to send him a link to the website which says I can start working once the application is submitted to USCIS....so that he can talk to his HR & other folks....
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nihar
11-23 09:45 AM
Thanks a lot for ur reply .. bt can u pls tell me as to hw can i do my opt on h1 ie if its approved ??? also the query and approval notice was sent on the same day . wen i call up the uscis they dnt mention this qry thgh my consultant sent this to me . nw wat shud i do in this case where im nt sure as to is this true that their is a qry or my employer is doing somethng else .
more...
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GC_newbee
11-06 10:07 PM
Any other ideas/suggestions friends?
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485Mbe4001
03-06 02:11 PM
so now people give red dots just for asking a question about EB3...where is ACLU:D
Guys:
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
Guys:
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
more...
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anilsal
01-28 12:25 AM
What about others?
Ready to file your EAD/AP renewal? :cool:
Ready to file your EAD/AP renewal? :cool:
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sands_14
07-26 10:55 AM
i guess it wa
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sanagani
03-08 02:54 PM
Appreciate your answer,,thank you
OLDMONK
06-25 01:19 PM
I did my pictures @ photopeople (studio) upwards of 80 bucks for me wife and son. Well I was still not satisfied.
So setup my own studio at home. A white sheet (ironed) and my Canon G6 on a tripod did a fantastic job. Took about 50 pics and finalised 1 for each. Next step was to get it in 2x2 format, In photoshop rescaled image to a height of 2 without messing with width (auto). The cropped extra width to make it 2 inches.
did a new canvas 6x4 inches in photoshop and pasted 6 copies 2x2 each (2rows of 3). Printed at instant machine at cvs $2 for 36 pictures total. I am happy with overall quality now.
And BTW I am not a web designer or a graphic designer. I am an Oracle DBA. So I am pretty sure anyone can do that provided you have some graphic editing/layout software. The only place where photoshop comes handy is exacting the size which would be difficult to do in vanilla paint in windows.
Recommended only if you are not getting a good picture even after spending ton of money.
Another tip is To avoid any shadows stand farther away from background (sheet in this case) and do it in daytime with blinds open with you facing a window or a patio/backyard door. Also zoom in to get exactly what you are looking for while shooting that way less cropping is needed. Try not to use the Flash (use it only if you are getting a shadow inspite of stading at a distance from the background.)
Also please go by instructions / specifications on the pictures as per following.
http://travel.state.gov/passport/guide/guide_2081.html
This may only work for Hightech Computer workers (with computers at home) and some rudimentary knowledge of graphics. For Medics and others with minimal computer skills, please don't waste time. It critical to have the pictures today or tomorrow even if you have to get from CVS/WALGREENS/RiteAID/SAMS/COSTCO or all and choose the one you are happy with.
So setup my own studio at home. A white sheet (ironed) and my Canon G6 on a tripod did a fantastic job. Took about 50 pics and finalised 1 for each. Next step was to get it in 2x2 format, In photoshop rescaled image to a height of 2 without messing with width (auto). The cropped extra width to make it 2 inches.
did a new canvas 6x4 inches in photoshop and pasted 6 copies 2x2 each (2rows of 3). Printed at instant machine at cvs $2 for 36 pictures total. I am happy with overall quality now.
And BTW I am not a web designer or a graphic designer. I am an Oracle DBA. So I am pretty sure anyone can do that provided you have some graphic editing/layout software. The only place where photoshop comes handy is exacting the size which would be difficult to do in vanilla paint in windows.
Recommended only if you are not getting a good picture even after spending ton of money.
Another tip is To avoid any shadows stand farther away from background (sheet in this case) and do it in daytime with blinds open with you facing a window or a patio/backyard door. Also zoom in to get exactly what you are looking for while shooting that way less cropping is needed. Try not to use the Flash (use it only if you are getting a shadow inspite of stading at a distance from the background.)
Also please go by instructions / specifications on the pictures as per following.
http://travel.state.gov/passport/guide/guide_2081.html
This may only work for Hightech Computer workers (with computers at home) and some rudimentary knowledge of graphics. For Medics and others with minimal computer skills, please don't waste time. It critical to have the pictures today or tomorrow even if you have to get from CVS/WALGREENS/RiteAID/SAMS/COSTCO or all and choose the one you are happy with.
averagedesi
09-14 10:58 AM
Here is something interesting
My wife got her EAD approved for 2 years, she is suppose to get her extension only for a year as on Sep 10 when they renewed her card the priority dates were current.
USCIS an organization that is above and beyond the laws of this country.
My wife got her EAD approved for 2 years, she is suppose to get her extension only for a year as on Sep 10 when they renewed her card the priority dates were current.
USCIS an organization that is above and beyond the laws of this country.
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