desigirl
09-27 08:26 AM
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
We got the year..how about the month and day on which to port to eb2?;)
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
We got the year..how about the month and day on which to port to eb2?;)
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sairam
07-04 04:14 PM
Mine was delivered at 10:25am on 07/02/2007. Priority Date: Sep 2004.
seekerofpeace
09-13 09:38 PM
Immi_Seeker,
I absolutely agree with you. One of my cousin is unfortunately suffering in EB3 for years he is a MS and working for over 10 years, he has been trying to port to EB2...but his attorney flatly refused on grounds that the company doesn't need a advanced degree applicant for that position and they can't justify the same to USCIS and invite scrutiny especially in this economy.
Ofcourse porting is blessing for lawyers and it means greenbacks for them the more the better.
SoP
I absolutely agree with you. One of my cousin is unfortunately suffering in EB3 for years he is a MS and working for over 10 years, he has been trying to port to EB2...but his attorney flatly refused on grounds that the company doesn't need a advanced degree applicant for that position and they can't justify the same to USCIS and invite scrutiny especially in this economy.
Ofcourse porting is blessing for lawyers and it means greenbacks for them the more the better.
SoP
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narendery
08-18 12:18 PM
My husband also got welcome e-mail mentioning about ADIT processing but when he received his card there was no information regarding ADIT processing, should we do anything about it? We have no clue, please help!!!
Thanks,
Mita
When did you receive email and when did you receive your card ?
Thanks,
Mita
When did you receive email and when did you receive your card ?
more...
sunny1000
07-08 08:08 PM
The case should not have been accepted if the lady does not have constitutional rights. Lets see if they reject the case on this basis after listening to Tancredo.
The following link may throw some light on what non-citizens are entitled under the U.S constitution.
http://www.slate.com/id/1008367/
------------------------------------------------------
explainer: Answers to your questions about the news.
Do Noncitizens Have Constitutional Rights?
Chris Suellentrop
Posted Thursday, Sept. 27, 2001, at 5:47 PM ET
Attorney General John Ashcroft wants the power to lock up immigrants suspected of terrorism and hold them indefinitely. Wouldn't this violate the Constitution?
Not necessarily. True, the Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike. (There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)
But immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.
In 1952's Harisiades v. Shaughnessy, the Supreme Court upheld the right of Congress to expel noncitizens who were former Communists. "In recognizing this power and this responsibility of Congress, one does not in the remotest degree align oneself with fears unworthy of the American spirit or with hostility to the bracing air of the free spirit," Justice Felix Frankfurter wrote in his concurrence. "One merely recognizes that the place to resist unwise or cruel legislation touching aliens is the Congress, not this Court."
Still, immigrants facing deportation do have some rights. Most are entitled to a hearing before an immigration judge, representation by a lawyer (but not one that's paid for by the government), and interpretation for non-English-speakers. The government must provide "clear and convincing" evidence to deport someone (a lower standard than "beyond a reasonable doubt").
On the other hand, some immigrants who are suspected terrorists may not be allowed to confront the evidence against them. In 1996, Congress established the Alien Terrorist Removal Court, a secret tribunal that can examine classified evidence. (Interestingly, Congress mandated in the same law that an immigrant tried by the terrorist court would have the right to counsel at government expense.) But the Alien Terrorist Removal Court has never been used, and a Department of Justice spokesman said he isn't aware of any plans to use the terrorist court any time soon.
Next question?
Explainer thanks Jeanne Butterfield, executive director of the American Immigration Lawyers Association; immigration lawyer David Leopold; Russ Bergeron of the Immigration and Naturalization Service; this American Civil Liberties Union report; and Dan Nelson of the Department of Justice.
-----------------------------------------------------------------
The following link may throw some light on what non-citizens are entitled under the U.S constitution.
http://www.slate.com/id/1008367/
------------------------------------------------------
explainer: Answers to your questions about the news.
Do Noncitizens Have Constitutional Rights?
Chris Suellentrop
Posted Thursday, Sept. 27, 2001, at 5:47 PM ET
Attorney General John Ashcroft wants the power to lock up immigrants suspected of terrorism and hold them indefinitely. Wouldn't this violate the Constitution?
Not necessarily. True, the Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike. (There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)
But immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.
In 1952's Harisiades v. Shaughnessy, the Supreme Court upheld the right of Congress to expel noncitizens who were former Communists. "In recognizing this power and this responsibility of Congress, one does not in the remotest degree align oneself with fears unworthy of the American spirit or with hostility to the bracing air of the free spirit," Justice Felix Frankfurter wrote in his concurrence. "One merely recognizes that the place to resist unwise or cruel legislation touching aliens is the Congress, not this Court."
Still, immigrants facing deportation do have some rights. Most are entitled to a hearing before an immigration judge, representation by a lawyer (but not one that's paid for by the government), and interpretation for non-English-speakers. The government must provide "clear and convincing" evidence to deport someone (a lower standard than "beyond a reasonable doubt").
On the other hand, some immigrants who are suspected terrorists may not be allowed to confront the evidence against them. In 1996, Congress established the Alien Terrorist Removal Court, a secret tribunal that can examine classified evidence. (Interestingly, Congress mandated in the same law that an immigrant tried by the terrorist court would have the right to counsel at government expense.) But the Alien Terrorist Removal Court has never been used, and a Department of Justice spokesman said he isn't aware of any plans to use the terrorist court any time soon.
Next question?
Explainer thanks Jeanne Butterfield, executive director of the American Immigration Lawyers Association; immigration lawyer David Leopold; Russ Bergeron of the Immigration and Naturalization Service; this American Civil Liberties Union report; and Dan Nelson of the Department of Justice.
-----------------------------------------------------------------
number30
05-01 10:48 AM
IV Core. Can something be done to highlight this issue in your conversation with authorities ?
The problem with this argument is it separates the members of the Family. If the marriage is occurred prior to approval of green card spouse will fall in EB category. If the marriage date is after approval of the green card it will fall into Family quota. See those guys who got married after green card and trying to bring their spouses how much trouble they are having. Instead of focusing on that You can Focus on the issue of making one EB visa number per family in case EB immigrant. Now Each one of the Spouse are using one number. That will effectively double the available visa numbers.
The problem with this argument is it separates the members of the Family. If the marriage is occurred prior to approval of green card spouse will fall in EB category. If the marriage date is after approval of the green card it will fall into Family quota. See those guys who got married after green card and trying to bring their spouses how much trouble they are having. Instead of focusing on that You can Focus on the issue of making one EB visa number per family in case EB immigrant. Now Each one of the Spouse are using one number. That will effectively double the available visa numbers.
more...
ksircar
05-23 07:31 PM
Web fax sent.
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jchan
05-01 01:40 PM
jchan,
I believe, the family quota is not very farbehind. Defiantly not 4 years.
Even if it is 4 years. She has EAD and AP to hold on to. Instead of both being stuckup it would be better atleast one reaches shore immediately.
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS at all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
I believe, the family quota is not very farbehind. Defiantly not 4 years.
Even if it is 4 years. She has EAD and AP to hold on to. Instead of both being stuckup it would be better atleast one reaches shore immediately.
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS at all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
more...
Tito_ortiz
05-24 01:21 AM
Vijjus, this is coming from a veteran:
There is not such out of touch congressmen or further education needed to be done. Congressmen are well aware of the plight of legal immigrants way before than immigrationvoice.org dreamed of existence. We fought hard in order to educate congressmen and often their staff played dumb, but again the truth is that they never cared about our plight.
The reality is that this, as usual, is primarily driven by business needs. Major employers such as Bill Gates lobby mainly for H1B numbers increase. Employers are very much aware that H1B staff under pressure can put up and deliver the very long journey of 60-80h/week expected at Microsoft. Yes, Microsoft and many other major employers could easily find qualified US students with two years of experience, skills by the way comparable to what the vast majorities of H1B's offer, but Americans who do not need the H1B would give a finger to any employer who would expect that an American would work 80h/week for 55K/year. The "brighest and the best" out there, a typical individual on the mid 30's with 10+ year of experience, masters degree and tons of sweating and bleeding in the IT world, I am not sure whether Bill Gates want to open the wallet and pay more than $100K. They would prefer to outsource the work to China - not even India anymore. That is the reason and the only reason only which explains why wages have not increased to IT programmers in the last few years.
Illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here. Since illegal aliens are in higher numbers and can deliver more not offshoreable productivity than us, so that is the reason why they are the ones getting the red carpet.
At this moment our incluence is minimal, if not not pathetic. As a matter of fact, I am afraid that more our category of workers fight and protest, more the American people will be outraged and scared and will react calling *their* congressmen even harder in order to push us all out.
For the naive and dreamers out there who are shaking their heads after reading the above and believe that the above is propaganda, so just think about it.
Thanks,
Tito Ortiz
,
(disclaimer: Like everyone else here, I am very dissapointed. Hence the negative mood)
I am wondering how we ended up here. We have been doing this campaign for so long, we have now hired a lobbying firm, and we've met, called, emailed and faxed so many senators etc. How come this bill completely ignored, and in fact in some senses, hurt us?
I have seen posts about lawmakers being stupid, out-of-touch etc but I think these posts are mostly facetious. I feel troubled by the fact that in spite of numerous efforts the lawmakers decided to ignore us - and if this was India I would have attributed this to the fact that in us they don't (yet) have a vote bank.
Please take this post in a positive way and as a stimulus for some soul searching - why did we end up in this situation?
There is not such out of touch congressmen or further education needed to be done. Congressmen are well aware of the plight of legal immigrants way before than immigrationvoice.org dreamed of existence. We fought hard in order to educate congressmen and often their staff played dumb, but again the truth is that they never cared about our plight.
The reality is that this, as usual, is primarily driven by business needs. Major employers such as Bill Gates lobby mainly for H1B numbers increase. Employers are very much aware that H1B staff under pressure can put up and deliver the very long journey of 60-80h/week expected at Microsoft. Yes, Microsoft and many other major employers could easily find qualified US students with two years of experience, skills by the way comparable to what the vast majorities of H1B's offer, but Americans who do not need the H1B would give a finger to any employer who would expect that an American would work 80h/week for 55K/year. The "brighest and the best" out there, a typical individual on the mid 30's with 10+ year of experience, masters degree and tons of sweating and bleeding in the IT world, I am not sure whether Bill Gates want to open the wallet and pay more than $100K. They would prefer to outsource the work to China - not even India anymore. That is the reason and the only reason only which explains why wages have not increased to IT programmers in the last few years.
Illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here. Since illegal aliens are in higher numbers and can deliver more not offshoreable productivity than us, so that is the reason why they are the ones getting the red carpet.
At this moment our incluence is minimal, if not not pathetic. As a matter of fact, I am afraid that more our category of workers fight and protest, more the American people will be outraged and scared and will react calling *their* congressmen even harder in order to push us all out.
For the naive and dreamers out there who are shaking their heads after reading the above and believe that the above is propaganda, so just think about it.
Thanks,
Tito Ortiz
,
(disclaimer: Like everyone else here, I am very dissapointed. Hence the negative mood)
I am wondering how we ended up here. We have been doing this campaign for so long, we have now hired a lobbying firm, and we've met, called, emailed and faxed so many senators etc. How come this bill completely ignored, and in fact in some senses, hurt us?
I have seen posts about lawmakers being stupid, out-of-touch etc but I think these posts are mostly facetious. I feel troubled by the fact that in spite of numerous efforts the lawmakers decided to ignore us - and if this was India I would have attributed this to the fact that in us they don't (yet) have a vote bank.
Please take this post in a positive way and as a stimulus for some soul searching - why did we end up in this situation?
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sunny1000
07-09 12:26 AM
My analysis is minimally, if at all, dependent on India, China, ROW, ...
Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.
In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.
See below link...It has some explanation of the cut-off dates. I don't know if that helps. Also it has been noted the AC21 was intsrumental in re-capturing 131K visas which kept the dates current until 2005. Amazing!! We should hire the lobbying firm which worked on AC21:D
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.
In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.
See below link...It has some explanation of the cut-off dates. I don't know if that helps. Also it has been noted the AC21 was intsrumental in re-capturing 131K visas which kept the dates current until 2005. Amazing!! We should hire the lobbying firm which worked on AC21:D
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
more...
gchopes
02-02 11:35 AM
Is there any way we can work for our US employer from India on Indian salary? I am thinking a consulting company with presence in US and India (Manpower??) can set this up for us. So we will just be living in India and working remotely for the employer as a consultant. We will be paying indian taxes as the consulting company will be indian. Any thoughts?
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agadre
07-02 09:34 AM
USICS has hired the hollywood actors in order to clear backlog. Now most of those celebrities have lots of experiences of giving signatures to fans, uscis has assigned them the mail receiving clerk's duties.
Thats a good one.:D
Thats a good one.:D
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roseball
07-10 06:30 PM
I would try to contact FM 104.9 and AM 700 in Dallas both radio stations are delivering programs in Hindi and Urdu and to the extent very popular in SOuth Assian community. I would update here about my efforts.
The radio station is called "Radio Salaam Namaste"....
http://www.radiosalaamnamaste.com/Web/index.php
The radio station is called "Radio Salaam Namaste"....
http://www.radiosalaamnamaste.com/Web/index.php
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mirage
03-09 02:38 PM
Guys everybody has a story, in my area Labors were getting cleared in less than 1 month in mid of 2003. When my attorney filed my labor and we didn�t hear on it for 3 months, my Attorney called up the local labor dept. they told him that the person who used to do foreign labor certs met with an accident and is on extended leave, It took 13 months for the local office, by that time BECs were born, retrogression�..
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bhobama
05-10 10:07 PM
The answer is in your question. Numbers. A few years ago (circa 2002-) no one complained much about Indians. Recently the complaints in the media/forums etc. are much higher. Why ? More H1, => more bodyshoppers (mainly India) => more abuse => more complaints and so on.
Also FYI, H1 is "temporary" just like F1. H1 is not a guarantee to GC. So you need to go back after 6 years, since you say F1 should leave after graduation.
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
Also FYI, H1 is "temporary" just like F1. H1 is not a guarantee to GC. So you need to go back after 6 years, since you say F1 should leave after graduation.
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
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pamposh
09-15 03:05 PM
You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
you are right we were not brought here on a gun point but at the same time we did not beg anyone to bring us here... it is entirely a two sided business deal... and no one is doing any favor to anyone here ... we are doing our job and they must do their's. and yes we are "Highly Skilled" and we do deserve repect and our voices do deserve to be heard. Sure they can put an Ad in any newspaper and replace me with someone else but the question here is not about you or me... it is about the "LEGAL IMMIGRANTS" and which in that case would include anyone who they bring in to replace me.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
you are right we were not brought here on a gun point but at the same time we did not beg anyone to bring us here... it is entirely a two sided business deal... and no one is doing any favor to anyone here ... we are doing our job and they must do their's. and yes we are "Highly Skilled" and we do deserve repect and our voices do deserve to be heard. Sure they can put an Ad in any newspaper and replace me with someone else but the question here is not about you or me... it is about the "LEGAL IMMIGRANTS" and which in that case would include anyone who they bring in to replace me.
more...
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chalamcharla
10-10 02:13 PM
Still Waiting !! 90 days reached, Received by R.Williams on July 5th , Nebraska. Did any july 5th filers got receipts from NSC :o:confused::mad:
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pathmaker
11-21 09:23 AM
Mehul
Sorry to hear this news , one of my friend has the same situvation. he went back to indian (chenni Appolo) 2 years back.
Here doctors told him all BS and he spent abt 50k out of his pocket on top the insurance (he work for IBM as Full time). he was told that 2 more months so he went back to india and his parents did giveup and they went to take a secound openion he is perfectly allright now he said he will never come back to usa (some unique bactiria causes some kind of cancer i have no clue about what he told me that time and i dont remember exactly contact him raviselvam@yahoo.com or raviselvam@yahoo.co.in if you cant get hold of him contact me bhimireddy@gmail.com i will try to reach him i should have his contact info. hopd you will recover soon
God bless you
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Sorry to hear this news , one of my friend has the same situvation. he went back to indian (chenni Appolo) 2 years back.
Here doctors told him all BS and he spent abt 50k out of his pocket on top the insurance (he work for IBM as Full time). he was told that 2 more months so he went back to india and his parents did giveup and they went to take a secound openion he is perfectly allright now he said he will never come back to usa (some unique bactiria causes some kind of cancer i have no clue about what he told me that time and i dont remember exactly contact him raviselvam@yahoo.com or raviselvam@yahoo.co.in if you cant get hold of him contact me bhimireddy@gmail.com i will try to reach him i should have his contact info. hopd you will recover soon
God bless you
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
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fastergcwanted
06-16 04:22 PM
First of all, congrats to everyone in the final stages of this tedious and frustrating process.
I have a question for people who filed I-140 and I-485 concurrently and got their receipt numbers.
I have gotten receipt numbers for my concurrently filed I-485 and I-765 as I paid for them (PD April 2003, I-140/I-485 filed at NSC). I do not have receipt for I-140 after more than 2 weeks. My employer is not giving me receipt number for I-140 as he may be wanting more money from me. Now, I have read in a forum that I-140 when applied concurrently should have receipt number very close to I-485 receipt number and normally I-140 receipt number is less than I-485 receipt number (i.e. if I-485's last four digits are 4600 then last 4 for I-140 number will be lower than 4600 and close to it. So, in theory I can scan numbers prior to mine and find closer ones for the same date and track them.
If you can please check your numbers and tell me if your I-140 number is before your I-485 number and how close they are to each other, I would really appreciate it.
Thanks in advance.
I have a question for people who filed I-140 and I-485 concurrently and got their receipt numbers.
I have gotten receipt numbers for my concurrently filed I-485 and I-765 as I paid for them (PD April 2003, I-140/I-485 filed at NSC). I do not have receipt for I-140 after more than 2 weeks. My employer is not giving me receipt number for I-140 as he may be wanting more money from me. Now, I have read in a forum that I-140 when applied concurrently should have receipt number very close to I-485 receipt number and normally I-140 receipt number is less than I-485 receipt number (i.e. if I-485's last four digits are 4600 then last 4 for I-140 number will be lower than 4600 and close to it. So, in theory I can scan numbers prior to mine and find closer ones for the same date and track them.
If you can please check your numbers and tell me if your I-140 number is before your I-485 number and how close they are to each other, I would really appreciate it.
Thanks in advance.
bindoke
08-25 12:38 PM
take your 485 and 140 receipts.
probe
10-03 04:14 PM
how do you track if the money order was cashed?
Check your money order receipts (or stubs) .Most of them will have official website (for instance western union) where you can track your MO .They will also provide customers with 24 X 7 toll free access number where you can check status.
You can also request photo copy of cashed MO but you will end up paying 12 bucks are more on each MO .Hope that helps...
Check your money order receipts (or stubs) .Most of them will have official website (for instance western union) where you can track your MO .They will also provide customers with 24 X 7 toll free access number where you can check status.
You can also request photo copy of cashed MO but you will end up paying 12 bucks are more on each MO .Hope that helps...
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