a_yaja
10-14 02:20 PM
3) Questions for certify forms:
b)What should I put in "TITLE" ? my job title ?
I e-Filed my AP a week ago and I entered "MR." for the title
b)What should I put in "TITLE" ? my job title ?
I e-Filed my AP a week ago and I entered "MR." for the title
wallpaper Mila Kunis: Golden Globes
WindyCity
07-01 06:34 PM
I changed employer after waiting for more than 6 months of I-485 approval (filed Aug 07, changed job Jul 08). My I-140 was approved. My PD is Aug 2006. My new job is in same field and lawyer filed AC21. In short, I followed all the rules.
My previous employer without my notice revoked H1 and I-140.
Now, I got notice from USCIS that my I-485 is denied. Exact words are
---------------------------------------------------------------
An applicant applying for adjustment of status under section 203(b)(2) of Immigration and Nationality Act is not eligible for the benefits of section 245 of the Act unless he/she is the beneficiary of an approved visa petition.
The visa petition filed on your behalf was revoked by the USCIS. Your Form I-485 is hereby denied since you do not warrant the favorable discretion required under section 245(a) of the Act.
There is no appeal of the decision. If you believe that the decision was reached in error, you may file a motion to reopen or a motion to reconsider, pursuant to the provisions of Title 8, code of Federal Regulations 103.5 For more information visit USCIS Home Page (http://www.uscis.gov)
You may have filed an Application for Travel Documents (Form I-131) and/or an Application for EAD (I-765) based upon this pending Form I-485. You are reminded that the EAD and Adv. Parole Doc are no longer valid and cannot be used to allow you to work in the US or make an application for admission by exemption of section 212 and 235 of the ACT.
--------------------------------------------------------------
I did not get any RFE on this case, direct denial. Now, the lawyer is suggesting my company to take action to remove me. He gave me the option of filing for motion to reopen. He added that it will take another 6 months or so to re-open the case, till then I should leave the country. After the case is reopen I can come back. (But what is the guarantee that company will re-hire me!!)
Given this options, it looks like I have to stop working and go back to my country (India).
Or if my company agrees to file for new H1B I can go on new H1B and go through all the GC process again (can not stop rolling on ground after hearing this option).
Senior members, do I have any other option?
If I decide to apply for MTR, do I still need to leave the country? On what ground can I entry the country again, because I will not have any job!
How many more days I can stay in the country? (hopefully I have sometime to sell/pack everything I collected in last 9 years!)
__________________
PD :AUG 2006
LABOUR APPROVED :OCT 2006 (EB2)
140 APPROVED : JAN 08
485 FILED: AUG 07
EAD APPROVED: OCT 07
EAD RENEWEWD: AUG 08 (for 2yrs)
Changed Job: JUL 08
485 DENIED: JUN 09
My previous employer without my notice revoked H1 and I-140.
Now, I got notice from USCIS that my I-485 is denied. Exact words are
---------------------------------------------------------------
An applicant applying for adjustment of status under section 203(b)(2) of Immigration and Nationality Act is not eligible for the benefits of section 245 of the Act unless he/she is the beneficiary of an approved visa petition.
The visa petition filed on your behalf was revoked by the USCIS. Your Form I-485 is hereby denied since you do not warrant the favorable discretion required under section 245(a) of the Act.
There is no appeal of the decision. If you believe that the decision was reached in error, you may file a motion to reopen or a motion to reconsider, pursuant to the provisions of Title 8, code of Federal Regulations 103.5 For more information visit USCIS Home Page (http://www.uscis.gov)
You may have filed an Application for Travel Documents (Form I-131) and/or an Application for EAD (I-765) based upon this pending Form I-485. You are reminded that the EAD and Adv. Parole Doc are no longer valid and cannot be used to allow you to work in the US or make an application for admission by exemption of section 212 and 235 of the ACT.
--------------------------------------------------------------
I did not get any RFE on this case, direct denial. Now, the lawyer is suggesting my company to take action to remove me. He gave me the option of filing for motion to reopen. He added that it will take another 6 months or so to re-open the case, till then I should leave the country. After the case is reopen I can come back. (But what is the guarantee that company will re-hire me!!)
Given this options, it looks like I have to stop working and go back to my country (India).
Or if my company agrees to file for new H1B I can go on new H1B and go through all the GC process again (can not stop rolling on ground after hearing this option).
Senior members, do I have any other option?
If I decide to apply for MTR, do I still need to leave the country? On what ground can I entry the country again, because I will not have any job!
How many more days I can stay in the country? (hopefully I have sometime to sell/pack everything I collected in last 9 years!)
__________________
PD :AUG 2006
LABOUR APPROVED :OCT 2006 (EB2)
140 APPROVED : JAN 08
485 FILED: AUG 07
EAD APPROVED: OCT 07
EAD RENEWEWD: AUG 08 (for 2yrs)
Changed Job: JUL 08
485 DENIED: JUN 09
for_gc
01-17 05:09 PM
65k - 115k H1-b visas is less than 1% of the US workforce - I fail to see how that can possibly destroy the job market of the the largest economy in the world - anybody who can scientifically prove that deserves a nobel prize in economics. It is plausible that it does affect the IT job market to some extent, but then it is too small a segment to affect the average american's vote in a national election. It is illegal immigration that drives nativist tendencies, and we end up getting tarred with the same brush. Those opposing H1-B visas are a bunch of non-competitive programmers with outdated skills and high-profile loudspeakers such as Lou Dobbs, Roy Beck et al. Everyone knows why the market crashed in 2000 - its called the dot com bust. The fact that H1-B visas were increased to 195k the same year is an unfortunate coincidence and had little to do with the meltdown.
Thanks for making the effort to clarify this. It makes sense.
Thanks for making the effort to clarify this. It makes sense.
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pappu
05-06 12:16 PM
Steps to take to file a lawsuit:
1. Contact your Federal District Court and ask for a Civil Case Pro Se package.
2. Read it and follow the instructions.
3. Prepare a lawsuit on Microsoft word. Print it and sign it.
4. Get a Civil Cover sheet and fill it out.
5. Call the court and ask to speak to the clerk...explain your situation and listen for advice.
6. Either mail in or drop off the papers [complaint (with exhibits if any) + cover sheet]
7. The court will send you a summons with your case number.
8. Make copies of the summons and your complaint. (one for each defendant and an extra copy for the US attorney in your district)
9. Put the case # on all copies.
10. Serve the complaint + summons + exhibits if any via CERTIFIED MAIL RETURN RECEIPT REQUESTED on all defendants and the US atty office. Call the US ATTORNEY and get their address and the right department you should send your complaint to.
11. Wait for the return receipt. The 60-day count starts from the date shown on the receipt received from the US atty.
12. File the return receipt with the court, and send a copy to the US atty office.
13. From here, everytime you file something with the court, send a copy to the US attorney and file a Certificate of service with the court.
14. 2 weeks before the expiration of the deadline, call the US atty, introduce yourself, and ask about your case.
15. Hopefully they will take action on your case and most desirably approve it.
When you file a lawsuit, with your complaint, you have to introduce a Civil Cover Sheet, Basically this allows the court's clerk to classify your case in the system. All immigration lawsuits are filed under code 890 for Nature of Suit. Make sure you use your district court's cover sheet. You may download it online.
While you are reading this, and filing your suit, do not get trapped in the Analysis Paralysis syndrom. Don't get scared or worried about small administrative issues. The Court knows you are a Pro Se applicant and does not expect you to be perfect. Just GO FOR IT, take the first step and things will become clearer as you go along. The first step is the hardest, but trust me, YOU CAN DO IT. I DID.
Thats great.
So you did it without a lawyer?
1. Contact your Federal District Court and ask for a Civil Case Pro Se package.
2. Read it and follow the instructions.
3. Prepare a lawsuit on Microsoft word. Print it and sign it.
4. Get a Civil Cover sheet and fill it out.
5. Call the court and ask to speak to the clerk...explain your situation and listen for advice.
6. Either mail in or drop off the papers [complaint (with exhibits if any) + cover sheet]
7. The court will send you a summons with your case number.
8. Make copies of the summons and your complaint. (one for each defendant and an extra copy for the US attorney in your district)
9. Put the case # on all copies.
10. Serve the complaint + summons + exhibits if any via CERTIFIED MAIL RETURN RECEIPT REQUESTED on all defendants and the US atty office. Call the US ATTORNEY and get their address and the right department you should send your complaint to.
11. Wait for the return receipt. The 60-day count starts from the date shown on the receipt received from the US atty.
12. File the return receipt with the court, and send a copy to the US atty office.
13. From here, everytime you file something with the court, send a copy to the US attorney and file a Certificate of service with the court.
14. 2 weeks before the expiration of the deadline, call the US atty, introduce yourself, and ask about your case.
15. Hopefully they will take action on your case and most desirably approve it.
When you file a lawsuit, with your complaint, you have to introduce a Civil Cover Sheet, Basically this allows the court's clerk to classify your case in the system. All immigration lawsuits are filed under code 890 for Nature of Suit. Make sure you use your district court's cover sheet. You may download it online.
While you are reading this, and filing your suit, do not get trapped in the Analysis Paralysis syndrom. Don't get scared or worried about small administrative issues. The Court knows you are a Pro Se applicant and does not expect you to be perfect. Just GO FOR IT, take the first step and things will become clearer as you go along. The first step is the hardest, but trust me, YOU CAN DO IT. I DID.
Thats great.
So you did it without a lawyer?
more...
rbalaji5
05-14 01:05 AM
Did you apply AP before going out of country ? . Or You just left ?..
morchu
06-15 04:07 PM
I believe luck plays a big factor.
My parents and in-laws got B1 visas without any hassle.
From my experience, I think no need to train the parents too much. Your parents are not used to "interrogation", and so it wont work for them.
Tell them to "talk" to the officer instead of "answering memorized questionnaire".
Tell them not to over-talk, or boast, or to show extra interest in US.
Tell them not to be afraid of saying "don't remember".
Tell them to be themselves, and not to worry about a thing.
Don't tell them the horror stories of visa interviews, or make them panic.
Tell them what can go wrong, and what exact things can be "mis-interpreted" by officer as "immigration intent".
Prepare all documentation yourself in two separate packages, (1. necessary documentation and 2. supporting documentation). Tell your parents to just hand over the package 1 as it is, and only if requested, handover package 2.
What I believe goes wrong is with the extra effort they are trying to put.
If you are successful in making them to be themselves, and avoid some specific mistakes / loop holes, at the interview, they should be OK. Obviously documentation and paperwork plays a big role, and you have to take a lead on that (not your parents). I think luck also plays its role.
My parents and in-laws got B1 visas without any hassle.
From my experience, I think no need to train the parents too much. Your parents are not used to "interrogation", and so it wont work for them.
Tell them to "talk" to the officer instead of "answering memorized questionnaire".
Tell them not to over-talk, or boast, or to show extra interest in US.
Tell them not to be afraid of saying "don't remember".
Tell them to be themselves, and not to worry about a thing.
Don't tell them the horror stories of visa interviews, or make them panic.
Tell them what can go wrong, and what exact things can be "mis-interpreted" by officer as "immigration intent".
Prepare all documentation yourself in two separate packages, (1. necessary documentation and 2. supporting documentation). Tell your parents to just hand over the package 1 as it is, and only if requested, handover package 2.
What I believe goes wrong is with the extra effort they are trying to put.
If you are successful in making them to be themselves, and avoid some specific mistakes / loop holes, at the interview, they should be OK. Obviously documentation and paperwork plays a big role, and you have to take a lead on that (not your parents). I think luck also plays its role.
more...
hebbar77
03-26 07:29 PM
FDIC insured does not mean that you get the money immediately if the bank sinks. So even you got 10-20 grand.. spreading gets you money to live on till FDIC pays(if it still has cash):)
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h_shaik
08-24 03:47 PM
Indiandentist,
You can not be teriminated when you are on sick leave. Check with any lawyer.
Hi everybody,
I am a dentist and have come across the following situation.
I was working with this dental company for about 1 year on H1b.On 6th Aug I fell sick with acute shoulder pain and went to a doctor who adviced me complete rest for atleast 1 month.I sent doctor`s letter to my employer stating that I need complete rest due to this pain and would join as I felt better.Now last week I got a letter from my employer stating that my job is terminated as they have closed down the office where I work.I also had a contract with this employer that termination needed 60 days notice from either side which was disregarded.Now I have a feeling that my employer may cancel my H1b visa also.What should I do.I was on sick leave without pay and now I am without job.
Any advice.
You can not be teriminated when you are on sick leave. Check with any lawyer.
Hi everybody,
I am a dentist and have come across the following situation.
I was working with this dental company for about 1 year on H1b.On 6th Aug I fell sick with acute shoulder pain and went to a doctor who adviced me complete rest for atleast 1 month.I sent doctor`s letter to my employer stating that I need complete rest due to this pain and would join as I felt better.Now last week I got a letter from my employer stating that my job is terminated as they have closed down the office where I work.I also had a contract with this employer that termination needed 60 days notice from either side which was disregarded.Now I have a feeling that my employer may cancel my H1b visa also.What should I do.I was on sick leave without pay and now I am without job.
Any advice.
more...
imh1b
03-30 01:18 PM
It is very good that USCIS has shown the finger to educated morons who posted without understanding the law and process.
I mean, look at the comments people post on that site. It just shows that these people with paper degrees are not really educated. They bring shame to the entire EB community.
USCIS has posted a response to the numerous questions about the visa backlog. It's absolutely and without a doubt not even remotely responsive to the issues that were raised in the comment sections:
The Beacon: Responding to Your Comments on Visa Numbers, Preference Categories, and Spillover (http://www.uscis.gov/blog/2010/03/visa-numbers.html)
This is a direct copy paste from normal visa rules, We want answer for Visa Recapture,
you are asking for 'Visa Recapture'. If you have done some research, you will know that it can only happen via law change.
We want answer for around a million of Legal immigrants who are tax payers here in the USA waiting for just PD to be current for AOS, they are treated like new H1Bs in workplace
What do you mean by being treated like H1Bs. Most AOS people are on H1B? So you want to be treated like Greencard holders? If your employers are not treating you well, complain to DOL against your employer.
, and when they extend their visas as per abjudicators fancy they extend it or deny it What is the Answer for that USCIS??
If they extend of deny, then you can appeal. There is a process for that as per law. You can even sue.
Allow all I-140 approved Employment Based cases espeically EB2 & EB3 to apply for their AOS immeterial whether they have PD current or not.
Yeah Right. Have you done research of the law. You are asking for something that is not in the law.
Here is someone begging USCIS. If we guys claim to be high earning, best and the brightest, then why do not we get together and sue them? What are our lawyers doing?
So are we supposed to wait another 20 years after already waiting 5 to 10 years in the EB3 green card queue?
So are we going to be stuck in limbo all our life where by we:
- can NOT change jobs
- can NOT move freely
- can NOT buy property because we don't know what will happen tomorrow
- can NOT send our HONORS student children to top universities because they have to pay foreign student fees
- can NOT open businesses
- can NOT enjoy freedom because we slave of one employer forever that applied for our green card
- can NOT realize our American Dream.
So we have to just keep quiet and just keep enduring this slavery, injustice, and stress for another 20 years or so.
What crime have we commited that we have to endure all this?
We LOVE USA, we respect its laws, we pay our taxes on time, and we are so desperate to become part of main stream America.
Our families are suffering way too much.
Can someone really address our issues PLEASE?
We are BEGGING FOR HELP.
PLEASE HAVE MERCY ON US.
May be HONORABLE PRESIDENT CAN PARDON US?
WE ARE WILLING TO PAY ANY FEES OR FINES IF THAT'S WHAT IT TAKES.
PLEASE HELP US.
THANK YOU FOR LISTENING.
WE ARE HOPING FOR SOME ACTION AND HELP, PLEASE.
GOD BLESS AMERICA AND AMERICANS.
Stop begging and bring shame to the entire EB applicants. if you want to post then post tough arguments to USCIS.
I mean, look at the comments people post on that site. It just shows that these people with paper degrees are not really educated. They bring shame to the entire EB community.
USCIS has posted a response to the numerous questions about the visa backlog. It's absolutely and without a doubt not even remotely responsive to the issues that were raised in the comment sections:
The Beacon: Responding to Your Comments on Visa Numbers, Preference Categories, and Spillover (http://www.uscis.gov/blog/2010/03/visa-numbers.html)
This is a direct copy paste from normal visa rules, We want answer for Visa Recapture,
you are asking for 'Visa Recapture'. If you have done some research, you will know that it can only happen via law change.
We want answer for around a million of Legal immigrants who are tax payers here in the USA waiting for just PD to be current for AOS, they are treated like new H1Bs in workplace
What do you mean by being treated like H1Bs. Most AOS people are on H1B? So you want to be treated like Greencard holders? If your employers are not treating you well, complain to DOL against your employer.
, and when they extend their visas as per abjudicators fancy they extend it or deny it What is the Answer for that USCIS??
If they extend of deny, then you can appeal. There is a process for that as per law. You can even sue.
Allow all I-140 approved Employment Based cases espeically EB2 & EB3 to apply for their AOS immeterial whether they have PD current or not.
Yeah Right. Have you done research of the law. You are asking for something that is not in the law.
Here is someone begging USCIS. If we guys claim to be high earning, best and the brightest, then why do not we get together and sue them? What are our lawyers doing?
So are we supposed to wait another 20 years after already waiting 5 to 10 years in the EB3 green card queue?
So are we going to be stuck in limbo all our life where by we:
- can NOT change jobs
- can NOT move freely
- can NOT buy property because we don't know what will happen tomorrow
- can NOT send our HONORS student children to top universities because they have to pay foreign student fees
- can NOT open businesses
- can NOT enjoy freedom because we slave of one employer forever that applied for our green card
- can NOT realize our American Dream.
So we have to just keep quiet and just keep enduring this slavery, injustice, and stress for another 20 years or so.
What crime have we commited that we have to endure all this?
We LOVE USA, we respect its laws, we pay our taxes on time, and we are so desperate to become part of main stream America.
Our families are suffering way too much.
Can someone really address our issues PLEASE?
We are BEGGING FOR HELP.
PLEASE HAVE MERCY ON US.
May be HONORABLE PRESIDENT CAN PARDON US?
WE ARE WILLING TO PAY ANY FEES OR FINES IF THAT'S WHAT IT TAKES.
PLEASE HELP US.
THANK YOU FOR LISTENING.
WE ARE HOPING FOR SOME ACTION AND HELP, PLEASE.
GOD BLESS AMERICA AND AMERICANS.
Stop begging and bring shame to the entire EB applicants. if you want to post then post tough arguments to USCIS.
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cool_guy_onnet1
03-11 08:45 PM
Hi
Need some insight from the gurus...
Scenario:
I have applied LC/140/485 from company "a" now I have an EAD/AP.
But - I work for company "x" who holds my H1B.
Questions:
1. How long can I be with "x" company? I have heard I can be till I get ny GC is that correct and never join the abc company?
2. Can I do AC21 as it is over 180 days to say "Y" company and keep waiting for the GC?
Fear : Can I get a RFE or interview? Is anyone in same boat?
Thanks in advance!
I am in similar boat .
You know how to open a new thread?
Can you please tell me since I plan to collect ALL the posts from different threads and combine them into one.
Thanks
Need some insight from the gurus...
Scenario:
I have applied LC/140/485 from company "a" now I have an EAD/AP.
But - I work for company "x" who holds my H1B.
Questions:
1. How long can I be with "x" company? I have heard I can be till I get ny GC is that correct and never join the abc company?
2. Can I do AC21 as it is over 180 days to say "Y" company and keep waiting for the GC?
Fear : Can I get a RFE or interview? Is anyone in same boat?
Thanks in advance!
I am in similar boat .
You know how to open a new thread?
Can you please tell me since I plan to collect ALL the posts from different threads and combine them into one.
Thanks
more...
jaane_bhi_do_yaaro
08-14 07:29 PM
There is no doubt that EB2-I will severly retrogress for october . WHY?
Lets look in to the math. Each category has 28,600 Visas for entire year. So EB2 total is 28,600. This 28,600 has to distributed along the year. So for the 1st quarter starting in october there will be only 28,600/4 = 7150 VISAS for EB2.
Now the country cap kicks in. For india you will only have 7% of 7150 which is 500 Visas. 500 visas is only 200 families.
We would be lukcy if they dont retrogress to pre-2003 levels
But as per VDL Rao, we have been seeing cut off dates around Mid-April 2004 for last 2 -3 years. So EB2I should not retrogress at least and may stay at Jan 05 as most of cases must have been cleared by now.
.
Snathan, please update your profile. Being a donor does not mean that you can keep
your profile unfilled!
Lets look in to the math. Each category has 28,600 Visas for entire year. So EB2 total is 28,600. This 28,600 has to distributed along the year. So for the 1st quarter starting in october there will be only 28,600/4 = 7150 VISAS for EB2.
Now the country cap kicks in. For india you will only have 7% of 7150 which is 500 Visas. 500 visas is only 200 families.
We would be lukcy if they dont retrogress to pre-2003 levels
But as per VDL Rao, we have been seeing cut off dates around Mid-April 2004 for last 2 -3 years. So EB2I should not retrogress at least and may stay at Jan 05 as most of cases must have been cleared by now.
.
Snathan, please update your profile. Being a donor does not mean that you can keep
your profile unfilled!
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gc_check
05-04 02:44 PM
These kind of survey's has a huge margin of error. I know some people (rather than say friends) who would discuss about returning back to home country for better career for themselves, education for kids, or for so many other reasons for past few years in every opportunity they get, but it is been only in words. It all started with after 3-5 years, then after Green Card, then after 5 years and US Citizen and then Kids wouldn't like to return and wanted to stay here.. The fact is they them selves do not want to leave and go back. People might consider for career reason, but mostly it is temporary basis and I know people who also went back, but left the family here for a year or two.
In my view, these people make 50% of the first generation immigrants who always talk about the home country, people, returning back, etc.. and if the survey targets only 1000 people, then I would not be surprised with these results. As long as one has a job / career here and able to support the family, he or she would not leave here. Why would one, unless family commitments forces for some reason, which is very small in number.
In my view, these people make 50% of the first generation immigrants who always talk about the home country, people, returning back, etc.. and if the survey targets only 1000 people, then I would not be surprised with these results. As long as one has a job / career here and able to support the family, he or she would not leave here. Why would one, unless family commitments forces for some reason, which is very small in number.
more...
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WillIWin?
04-08 09:26 AM
The document does not state how many were USED this year, so its hard to tell if there will be any movement in EB2/3 dates.
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
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MYGCBY2010
07-20 11:35 AM
Same here.
MidGuy - Check your Private Message and let me know. Thanks for responding.
MidGuy - Check your Private Message and let me know. Thanks for responding.
more...
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senthil1
06-14 09:10 AM
If job growth is good in IT and if they will not increase h1s so much then increasing gc numbers should not depress wages. Even gc is not increased H1s will depress wages.I doubt the bill will be in current form even passed as this will increase immigrant population so much. But some compromise all of the people may get and that may give some releif for all the gc waiters. We had almost similar situation in 1999 to 2001. But suddenly they brought a bill that unused other country quota can be used for other countries that made pd became current for 2 years or more.
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srinivastd
06-03 01:44 PM
That helps. I am trying to figure out if the documents put @ hyd consulate website was before/after your interview.
Thanks for the quick reply,
Srini
Thanks for the quick reply,
Srini
more...
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moclutch
11-24 11:04 PM
Kriscar and Giveme_gc .... I just got a FAFSA application for myself back and I was denied. I am the primary application for my GC with a pending I-140 and I-485. I have "parolee" on my I-94 since July 2008. Any tips could you provide me here as I get ready to challenge the school about the denial would be greatly appreciated.
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sobers
02-17 07:02 PM
done as well!
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maximus777
12-08 01:48 AM
what would happen if US continental plate starts drifting south and gets attached to Iran, Afghanistan and Pakistan?
Short flight to India and less jetlag? :cool:
Short flight to India and less jetlag? :cool:
chanduv23
06-05 10:32 AM
My attorney paper filed mine and my wife EAD and AP
Mailed the documents on May 28th
Reached TSC on 29th
Checks cashed by 31st and entered into the system
Mailed the documents on May 28th
Reached TSC on 29th
Checks cashed by 31st and entered into the system
theseeker
07-25 02:47 AM
Thanks a bunch a_yaja for the useful information. Thinking about it, I was almost about to file for my I-140, which might have prevented me from changing status to F1 later. Good for me that I put this post out here.
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