Jaime
07-20 12:36 PM
From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs are given for employment. Also as per the current prediction on the same page shows that there will be 750000 new applications will be added in to system because of this recent events. Now follwing are some facts what I can see from these details:
1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
4 Now imagine how many years it will take to cover up the number like 750000.
My analysis:
-Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
- Some may get GC after 10 years of filing A485.
- For atleast 10 years PD remains Unavailable.
What do you say on this?
I agree but, I am certain that a law will get passed at some point to give us relief, especially given all the noise that we have made (and which we should continue to make). I just cannot imagine that they wouldn't pass any relief. And if the latter is the case, it will be slavery and hell on earth, right here in the Land of the Free.
1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
4 Now imagine how many years it will take to cover up the number like 750000.
My analysis:
-Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
- Some may get GC after 10 years of filing A485.
- For atleast 10 years PD remains Unavailable.
What do you say on this?
I agree but, I am certain that a law will get passed at some point to give us relief, especially given all the noise that we have made (and which we should continue to make). I just cannot imagine that they wouldn't pass any relief. And if the latter is the case, it will be slavery and hell on earth, right here in the Land of the Free.
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JDM
08-04 11:33 PM
I got the magic mail today ---Card production ordered!!! Just for me.
The status of my wife's I485 remains the same ---> Received and pending?
Any one in similar situation?
The status of my wife's I485 remains the same ---> Received and pending?
Any one in similar situation?
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GCBy3000
04-15 07:35 PM
I agree as long as you have filed your 485 and 180 days is passed. But in my case, I have not even crossed the labor stage. It was pending with BEC when my company asked me to move. I tried a lot to convince my attorney thinking that I might miss the boat of 485 if at all it becomes current, but it did not help.
THe LPR clearly states that it will become void if any of the below changes.
1. Job description
2. Location
3. Something else, I dont remeber.
The above will not come into effect, if you had crossed 180 days of 485.
Also my attorney told that USCIS will not be able to find from where I file from 485, but it is risk on my part when I go for naturalization. Also if for some reaosn a RFE is issued, any company will tell the truth and the beneficiary will be in trouble. So it is always better to file a new labor unless the beneficiary is intened to move back to original location during the adjucation process and stays at that location for 6+ months.
I dont understand how you got away with this one after changing the location. With your example, the locational requirement of LPR does not make sense at all. Anybody can file LPR anywhere and move anywhere as long as 485 takes more than 180 days. One can deliberately file 485 with improper documentst to delay the approval and getaway. Double check with your attorney on this one and playing safe is not bad idea at all with the current USCIS mess and immigration laws.
AGAIN, I THINK WHEN YOU FILE YOUR 485 you have to be working in the location as stated in your LPR AS PER THE LAW, eventhough USCIS will not be able to find it. Before PERM, there was a column to state the beneficiary will work anywhere in US. But this not available anymore with PERM. The bottom line is the strongest part of LPR, "THE LOCATION", does not make sense at all.
By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.
Here is the deal when changing the location while GC is pending:
1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.
So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.
2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.
THe LPR clearly states that it will become void if any of the below changes.
1. Job description
2. Location
3. Something else, I dont remeber.
The above will not come into effect, if you had crossed 180 days of 485.
Also my attorney told that USCIS will not be able to find from where I file from 485, but it is risk on my part when I go for naturalization. Also if for some reaosn a RFE is issued, any company will tell the truth and the beneficiary will be in trouble. So it is always better to file a new labor unless the beneficiary is intened to move back to original location during the adjucation process and stays at that location for 6+ months.
I dont understand how you got away with this one after changing the location. With your example, the locational requirement of LPR does not make sense at all. Anybody can file LPR anywhere and move anywhere as long as 485 takes more than 180 days. One can deliberately file 485 with improper documentst to delay the approval and getaway. Double check with your attorney on this one and playing safe is not bad idea at all with the current USCIS mess and immigration laws.
AGAIN, I THINK WHEN YOU FILE YOUR 485 you have to be working in the location as stated in your LPR AS PER THE LAW, eventhough USCIS will not be able to find it. Before PERM, there was a column to state the beneficiary will work anywhere in US. But this not available anymore with PERM. The bottom line is the strongest part of LPR, "THE LOCATION", does not make sense at all.
By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.
Here is the deal when changing the location while GC is pending:
1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.
So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.
2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.
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siva007
04-02 05:25 PM
Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.
Thanks
Thanks
more...
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snathan
04-13 07:44 AM
Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them
Have you forgot how many visa numbers the EB1A/EB1B/EB2-NIW consume...if they are not counted it will free up 10-20k visa numbers annually at least...
Have you forgot how many visa numbers the EB1A/EB1B/EB2-NIW consume...if they are not counted it will free up 10-20k visa numbers annually at least...
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suren26
07-24 12:12 PM
I have question Need Urgent reply
I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial
my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial
my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
more...
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radhagd
05-15 12:14 PM
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Yes you can file more than one AOS simultaneously and withdraw other one once I485 is approved.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Yes you can file more than one AOS simultaneously and withdraw other one once I485 is approved.
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saileshdude
06-25 12:55 PM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
As per this memo -
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
As per this memo -
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
more...
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kutra
07-21 04:04 PM
Why does USCIS want TB test done? Many countries like India have BCG vaccination administered at childhood thus preventing TB. However, such people will show a false positive if administered a skin test for TB.
This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.
True, however...
USCIS SOP clearly states that a TB SKin test is required. Last year during the July fiasco, I remember Murthy had an article that said if you ONLY submit a chest x-ray, you will still get a RFE (despite chest x-ray being normal) for not performing the skin test.
Ironical, isn't it, how and why the IOs suddenly decide to go by the book! FIFIO is also a part of the SOP, but you know the rest... ...!
This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.
True, however...
USCIS SOP clearly states that a TB SKin test is required. Last year during the July fiasco, I remember Murthy had an article that said if you ONLY submit a chest x-ray, you will still get a RFE (despite chest x-ray being normal) for not performing the skin test.
Ironical, isn't it, how and why the IOs suddenly decide to go by the book! FIFIO is also a part of the SOP, but you know the rest... ...!
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akhilmahajan
11-15 08:15 AM
New England (MA, ME, NH, RI, VT) folks come forward and lets plan out meeting the lawmakers.
What u say folks? This is the right time to act.
GO IV GO. TOGETHER WE CAN.
What u say folks? This is the right time to act.
GO IV GO. TOGETHER WE CAN.
more...
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hpandey
01-21 12:26 PM
1. It has nothing to do with immigration (unless you factor that "chinese mother" is an immigrant), which is why this thread is on interesting topics.
2 and 3. I had not even heard of the article until today and told the same to my doc. She brought up the topic because I am Indian.
4. Personally, after having read it, there are a few things I agree with the author and there are many I don't.
BTW, I had not read the CNN story either. Many of the things that I did not like in Amy's article are addressed in the CNN story!
Here's more critics who " love " her style of parenting ...
http://www.nytimes.com/2011/01/20/books/20book.html?_r=1
who the hell leaves their 3 year old out in the cold .
And btw how much she is Chinese is up for debate since she grew up here and can't even speak Mandarin... ( from the article )
2 and 3. I had not even heard of the article until today and told the same to my doc. She brought up the topic because I am Indian.
4. Personally, after having read it, there are a few things I agree with the author and there are many I don't.
BTW, I had not read the CNN story either. Many of the things that I did not like in Amy's article are addressed in the CNN story!
Here's more critics who " love " her style of parenting ...
http://www.nytimes.com/2011/01/20/books/20book.html?_r=1
who the hell leaves their 3 year old out in the cold .
And btw how much she is Chinese is up for debate since she grew up here and can't even speak Mandarin... ( from the article )
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nousername
04-07 01:12 PM
What the hell.. Can someone please explain this in plain English?
AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)
AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)
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uumapathi
09-30 10:48 AM
r u from NBKRIST?
What is NBKRIST?
What is NBKRIST?
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krishnam70
11-21 01:42 PM
Hello Gurus,
I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)
Following is my current Status
Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.
I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.
After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.
From the info in some posts, I understood that this extension puts me back into H1B Status.
Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)
If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.
But let's assume I don't get it Approved before I leave.
a) Am I allowed to travel outside USA while my AP is Pending ?
b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?
c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?
I appreciate your detailed answers.
Thanks
Ibbu I answered your questions in other threads you opened. It is not advisable to open multiple threads with same topic. I do understand your anxiety in getting answers but to open multiple threads is only going to knock off people and you might not get responses which could lead to discussions and answers for you. There are multiple threads on the same topic with people in similar situations which could be applicable to you. Please do some research and reading..
cheers
kris
I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)
Following is my current Status
Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.
I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.
After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.
From the info in some posts, I understood that this extension puts me back into H1B Status.
Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)
If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.
But let's assume I don't get it Approved before I leave.
a) Am I allowed to travel outside USA while my AP is Pending ?
b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?
c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?
I appreciate your detailed answers.
Thanks
Ibbu I answered your questions in other threads you opened. It is not advisable to open multiple threads with same topic. I do understand your anxiety in getting answers but to open multiple threads is only going to knock off people and you might not get responses which could lead to discussions and answers for you. There are multiple threads on the same topic with people in similar situations which could be applicable to you. Please do some research and reading..
cheers
kris
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chris9902
06-12 07:41 PM
about as much as i want aids
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fuzzy logic
07-01 02:06 PM
The amended H-1B by itself will not be an issue when it comes to GC.
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
sledge hammer - Thanks for your clarification. I hope my company will be willing to amend my H1B.
I appreciate everyone's suggestion on this issue. As for AC21 - my take is that it is a slam dunk if the new and old title fall in the same ONET code or is a related job under the same code. Other wise it gets tricky. This is my take on it, but there are varied interpretations out there.
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
sledge hammer - Thanks for your clarification. I hope my company will be willing to amend my H1B.
I appreciate everyone's suggestion on this issue. As for AC21 - my take is that it is a slam dunk if the new and old title fall in the same ONET code or is a related job under the same code. Other wise it gets tricky. This is my take on it, but there are varied interpretations out there.
more...
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saketkapur
03-22 12:12 PM
This is just an opinion and things can be different from case to case.......so please do not take this as legal advice.
As long as one's employment is legal and you are following all the rules regarding employment i.e. in case of an RFE you will be satisfying the rules of AC 21(same or similar job+ salary requirements:even though filing it is not mandatory and should not affect AP travel) you "should(not necessarily would)" be fine.
Do carry all your documents especially "employer verification" documents, paystubs etc to verify your legal status.
No one can predict that how a particular POE will respond so their is no silver bullet answer. All one can say is that if your employment is legal under the current immigration laws then you should be fine....
Please talk to a reputed immigration attorney to get clarifications regarding your specific case.
As long as one's employment is legal and you are following all the rules regarding employment i.e. in case of an RFE you will be satisfying the rules of AC 21(same or similar job+ salary requirements:even though filing it is not mandatory and should not affect AP travel) you "should(not necessarily would)" be fine.
Do carry all your documents especially "employer verification" documents, paystubs etc to verify your legal status.
No one can predict that how a particular POE will respond so their is no silver bullet answer. All one can say is that if your employment is legal under the current immigration laws then you should be fine....
Please talk to a reputed immigration attorney to get clarifications regarding your specific case.
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fcres
08-13 10:32 AM
Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
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DDLMODES
10-09 06:35 PM
Hello guys,
I applied for I140 & I485 + EAD concurrently at the Texas service center on July 19th. I got the receipts dated Sept 11 on Sept 17 and a week later I got the EAD's. My priority date is Feb 04.
I live in New Jersey and I would assume my FP appointment will be at the NewArk USCIS center. I still did not get any FP notification yet and I started to worry because on the tracker a lot of people with the same dates did get one already. Should I worry or is OK for now ? Is New Jersey more crowded than other states and that is the reason for delay ??? Anybody else in the same boat ??
I know they consider the application abandoned if I have an appointment and don't go. If, god forbid, the letter is lost in the mail, is there any way I can find out if I have an appointment ?
I have don't have a lawyer so they will not send a copy of the FP appointment letter to the lawyer.
Please help !
:(:(:(:(
I applied for I140 & I485 + EAD concurrently at the Texas service center on July 19th. I got the receipts dated Sept 11 on Sept 17 and a week later I got the EAD's. My priority date is Feb 04.
I live in New Jersey and I would assume my FP appointment will be at the NewArk USCIS center. I still did not get any FP notification yet and I started to worry because on the tracker a lot of people with the same dates did get one already. Should I worry or is OK for now ? Is New Jersey more crowded than other states and that is the reason for delay ??? Anybody else in the same boat ??
I know they consider the application abandoned if I have an appointment and don't go. If, god forbid, the letter is lost in the mail, is there any way I can find out if I have an appointment ?
I have don't have a lawyer so they will not send a copy of the FP appointment letter to the lawyer.
Please help !
:(:(:(:(
innervoice
12-15 01:25 PM
^Many SriLankan husband .......
GC092003
04-18 11:57 AM
yes, I punched it right. I changed last digit... it shows it is approved... of course, this is not my case number.. someone who has one number different..
I am calling to a toll free number... I am so scare if they pull out my information and they might mess up by mistake... no?
I am calling to a toll free number... I am so scare if they pull out my information and they might mess up by mistake... no?
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