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jsb
01-14 11:01 AM
Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
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rb_248
06-05 01:55 PM
I understand that is not a reliable source of tracking approval pattern, however, this is the only tracker we have available and this gives us fairly good idea about USCIS processing.
Based on , there are about 1200 Approvals for EB-2 (Including ROW, India and China) since Oct01 2007.
However, there are only 450 approvals for EB-3 (Including ROW, India and China) sine Oct01'2007.
So howcome they ran out of EB3 numbers when there are very few approvals for this year. I was hoping they will run out of EB2 numbers instead.
Any insight on this?
Thanks.
The samples used are not a true representative of the actual EB2 or EB3 population.
Based on , there are about 1200 Approvals for EB-2 (Including ROW, India and China) since Oct01 2007.
However, there are only 450 approvals for EB-3 (Including ROW, India and China) sine Oct01'2007.
So howcome they ran out of EB3 numbers when there are very few approvals for this year. I was hoping they will run out of EB2 numbers instead.
Any insight on this?
Thanks.
The samples used are not a true representative of the actual EB2 or EB3 population.
sandiboy
07-27 01:56 PM
Guys Stop calling CIS. Check out the new FAQ, they will accept all applications from Jul 2:
http://immigrationvoice.org/forum/showthread.php?t=11282
http://immigrationvoice.org/forum/showthread.php?t=11282
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jjjun
12-12 01:25 PM
They just do not want to us have a good Christmas time.
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rajuseattle
08-05 04:07 PM
chakdepatte,
Is your e-file or Paper filed? Since you have posted your details in the NSC EAD e-file tracker I assume yours is E-file. What was the FP date for you?
Can you please share this information with other IVans?
Is your e-file or Paper filed? Since you have posted your details in the NSC EAD e-file tracker I assume yours is E-file. What was the FP date for you?
Can you please share this information with other IVans?
satishku_2000
01-03 07:13 PM
Definition of marriage according to the DOMA
http://en.wikipedia.org/wiki/Defense_of_Marriage_Act
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pete
12-13 03:11 PM
What you are doing is something USICS must stop!! Its wrong to jump the line and unfair on others.
Thats all!!
Pete MD
EBE2
Thats all!!
Pete MD
EBE2
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immig4me
04-23 02:04 PM
If I were a person of Latino origin, I will be very angry with folks who assume that all Latinos are illegals.
Thankfully for the Latinos, you are not one of them!!!!!!
The difference between us and the latinos is that they stand by their community, irrespective of illegal or legal. Every latino that is coming on TV, organizing the marches, giving interviews to the newspapers are legal latinos defending the illegals.
On the other hand, we fight between EB2 and EB3!!!!!!!!!!
Thankfully for the Latinos, you are not one of them!!!!!!
The difference between us and the latinos is that they stand by their community, irrespective of illegal or legal. Every latino that is coming on TV, organizing the marches, giving interviews to the newspapers are legal latinos defending the illegals.
On the other hand, we fight between EB2 and EB3!!!!!!!!!!
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sheela
11-29 07:49 PM
Does it mean FBI has to clear/decide the case in 120 day time frame and If it fails to report back, uscis is free to adjudicate the aos
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gk_2000
07-29 03:13 PM
You are saying that because you are from ROW.
I would be delighted since I am from EB3-I. That is what is unfair about this country cap. You probably filed your GC in 2009 and is already impatient. Think about people who came to this country in 2000 or before still waiting for their GCs.
Some of them has aging out kids who will lose their eligibility because of this long wait.
This "me vs you" attitude is what is unhealthy. Having PD of June 2002 is nothing to be happy about, either for EB3-I or ROW. It is just pathetic. We should all be together in this. Asking for more visa numbers, recapture, etc would be more practical for us
I would be delighted since I am from EB3-I. That is what is unfair about this country cap. You probably filed your GC in 2009 and is already impatient. Think about people who came to this country in 2000 or before still waiting for their GCs.
Some of them has aging out kids who will lose their eligibility because of this long wait.
This "me vs you" attitude is what is unhealthy. Having PD of June 2002 is nothing to be happy about, either for EB3-I or ROW. It is just pathetic. We should all be together in this. Asking for more visa numbers, recapture, etc would be more practical for us
more...
immigrant2007
07-16 12:57 PM
Good to know you oppose illegal immigration that is actually destroying American life. My solution to the illegal immigration was same and given months back on this forum. Punish employers harshly with fines (50K per incident) plus 5 years of jail time and put the burden of finding out if person is legal ON the employer. Soon institutions like Equifax/Experian/TransUnion will pop up instead of the current one -EVerify.
You completely missed the point of immigration and outsourcing. They have NOTHING to do with eachother. Even if they paid me in dollars and gave me a cushy job and paid for every of my expense to run a outsourced part of a company in my home country, I will not go because it's not the money that matters, it the quality of life! I don't want to be driving 1 hour to get 5 miles ahead. I don't want to bribe a peon to get my own birth certificate. I don't want people creating a welcome mat for me on the sidewalk - made not out of rose petals but chewed pan spit.
I like some of your ideas but won't indudge in any dialogue with you unless you update your profile. the idea of punishing employers is not mine. I read it somewhere in one of the posts on this very site, maybe yours only
You completely missed the point of immigration and outsourcing. They have NOTHING to do with eachother. Even if they paid me in dollars and gave me a cushy job and paid for every of my expense to run a outsourced part of a company in my home country, I will not go because it's not the money that matters, it the quality of life! I don't want to be driving 1 hour to get 5 miles ahead. I don't want to bribe a peon to get my own birth certificate. I don't want people creating a welcome mat for me on the sidewalk - made not out of rose petals but chewed pan spit.
I like some of your ideas but won't indudge in any dialogue with you unless you update your profile. the idea of punishing employers is not mine. I read it somewhere in one of the posts on this very site, maybe yours only
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vbkris77
11-30 04:42 PM
One important observation is that EB2 India/China shouldn't celebrate until State changes their planning style. If CIS wastes visas due to swing movement by State, EB2 I/C doesn't move so much and numbers will be wasted. So it is important that IV push state to incorporate long term planning and add the CIS processing as a lead time to calculate visa dates movement at least for post July 2007.
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CADude
07-27 05:25 PM
Good one!!
Read the two stories for break.
THE BEST LAWYER STORY SO FAR
One afternoon a lawyer was riding in his limousine
when he saw two men along the roadside eating grass.
Disturbed, he ordered his driver to stop and he got
out to investigate.
He asked one man, "Why are you eating grass?"
"We don't have any money for food," the poor man
replied. "We have to eat grass."
"Well, then, you can come with me to my house and I'll
feed you," the lawyer said.
"But sir, I have a wife and two children with me. They
are over there, under that tree."
"Bring them along," the lawyer replied. Turning to the
other poor man he stated,
"You come with us, too."
The second man, in a pitiful voice, then said, "But
sir, I also have a wife and SIX children with me!"
"Bring them all, as well," the lawyer answered.
They all entered the car, which was no easy task, even
for a car as large as the limousine was.
Once underway, one of the poor fellows turned to the
lawyer and said, "Sir, you are too kind. Thank you for
taking all of us with you."
The lawyer replied, "Glad to do it. You'll really love
my place. The grass is almost a foot high
STORY 2:
Mom comes to visit her son Kumar for dinner.....who lives with a girl
roommate Sunita. During the course of the meal, his mother couldn't
help but notice how pretty Kumar's roommate was. She had long been
suspicious of a relationship between the two, and this had only made her more
curious.
Over the course of the evening, while watching the two interact, she
started to wonder if there was more between Kumar and his roommate than
met the eye.
Reading his mom's thoughts, Kumar volunteered, "I know what you must be
thinking, but I assure you, Sunita and I are just roommates." About a
week later, Sunita came to Kumar saying, "Ever since your mother came to
dinner, I've been unable to find the silver plate. You don't suppose
she took it, do you?" Kumar said,"Well, I doubt it, but I'll email her, just to be sure."
So he sat down and wrote :
Dear Mother:
I'm not saying that you 'did' take the silver plate from my house, I'm
not saying that you 'did not' take the silver plate.. But the fact remains
that it has been missing ever since you were here for dinner.
Love, Kumar
Several days later, Kumar received an email from his Mother which read
Dear Son:
I'm not saying that you 'do' sleep with Sunita, and I'm not saying that
you 'do not' sleep with Sunita. But the fact remains that if she was
sleeping in her OWN bed, she would have found the silver plate by now
under the pillow...
Love,
Mom.
Lesson of the day:
Don't Lie to Your Mother...........especially if she is Indian !
Read the two stories for break.
THE BEST LAWYER STORY SO FAR
One afternoon a lawyer was riding in his limousine
when he saw two men along the roadside eating grass.
Disturbed, he ordered his driver to stop and he got
out to investigate.
He asked one man, "Why are you eating grass?"
"We don't have any money for food," the poor man
replied. "We have to eat grass."
"Well, then, you can come with me to my house and I'll
feed you," the lawyer said.
"But sir, I have a wife and two children with me. They
are over there, under that tree."
"Bring them along," the lawyer replied. Turning to the
other poor man he stated,
"You come with us, too."
The second man, in a pitiful voice, then said, "But
sir, I also have a wife and SIX children with me!"
"Bring them all, as well," the lawyer answered.
They all entered the car, which was no easy task, even
for a car as large as the limousine was.
Once underway, one of the poor fellows turned to the
lawyer and said, "Sir, you are too kind. Thank you for
taking all of us with you."
The lawyer replied, "Glad to do it. You'll really love
my place. The grass is almost a foot high
STORY 2:
Mom comes to visit her son Kumar for dinner.....who lives with a girl
roommate Sunita. During the course of the meal, his mother couldn't
help but notice how pretty Kumar's roommate was. She had long been
suspicious of a relationship between the two, and this had only made her more
curious.
Over the course of the evening, while watching the two interact, she
started to wonder if there was more between Kumar and his roommate than
met the eye.
Reading his mom's thoughts, Kumar volunteered, "I know what you must be
thinking, but I assure you, Sunita and I are just roommates." About a
week later, Sunita came to Kumar saying, "Ever since your mother came to
dinner, I've been unable to find the silver plate. You don't suppose
she took it, do you?" Kumar said,"Well, I doubt it, but I'll email her, just to be sure."
So he sat down and wrote :
Dear Mother:
I'm not saying that you 'did' take the silver plate from my house, I'm
not saying that you 'did not' take the silver plate.. But the fact remains
that it has been missing ever since you were here for dinner.
Love, Kumar
Several days later, Kumar received an email from his Mother which read
Dear Son:
I'm not saying that you 'do' sleep with Sunita, and I'm not saying that
you 'do not' sleep with Sunita. But the fact remains that if she was
sleeping in her OWN bed, she would have found the silver plate by now
under the pillow...
Love,
Mom.
Lesson of the day:
Don't Lie to Your Mother...........especially if she is Indian !
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04-03 10:53 AM
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Ramba
08-08 12:22 PM
Guys,
I am also in somewhat same situation. So thought of sharing it in this thread.
I am also single and filed 485 in July 485. My PD is Dec 2006 under eb2. At present the EB2 dates are June 2006. I am carefuly waching the dates every month to pull back my application if my Eb2 dates becomes current to my PD date.
But this question often hunts me...
1. If USCICS apprvoes my 485 by mistake while my PD date is not current, can I let them know about it and get the 485 approval cancelled or is it irreversibale...??
2. HOw long does it take to notify USICS to withdraw my 485...??
Thanks in advance..
0.0001% chance that your 485 will be approved when your PD is not current.
Dont withdraw the 485, if you already found your spouse. Watch for visa bulliton and search the parter quickly. You will have 15 days time between visa bulliton publising date and the date on which PD is current. Within that 15 days you can get marry, and apply "follow to join" petition for your spouse.
I am also in somewhat same situation. So thought of sharing it in this thread.
I am also single and filed 485 in July 485. My PD is Dec 2006 under eb2. At present the EB2 dates are June 2006. I am carefuly waching the dates every month to pull back my application if my Eb2 dates becomes current to my PD date.
But this question often hunts me...
1. If USCICS apprvoes my 485 by mistake while my PD date is not current, can I let them know about it and get the 485 approval cancelled or is it irreversibale...??
2. HOw long does it take to notify USICS to withdraw my 485...??
Thanks in advance..
0.0001% chance that your 485 will be approved when your PD is not current.
Dont withdraw the 485, if you already found your spouse. Watch for visa bulliton and search the parter quickly. You will have 15 days time between visa bulliton publising date and the date on which PD is current. Within that 15 days you can get marry, and apply "follow to join" petition for your spouse.
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greensignal
11-09 12:30 PM
Still waiting for FP and no SR is filed
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gc_chahiye
09-26 04:59 AM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
- start another PERM asap.
- go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
- if you get a denial, file an appeal, that buys you some time.
- during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485
I dont know if doing an MTR on the 140 will also keep your EAD alive...
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
- start another PERM asap.
- go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
- if you get a denial, file an appeal, that buys you some time.
- during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485
I dont know if doing an MTR on the 140 will also keep your EAD alive...
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nag2007
02-08 04:06 PM
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
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rangaswamy
08-05 01:03 PM
Filed paper renewal on june 12th, Received card production ordered email today.
Ap was submitted 2 days ago. PD is May 06. Spouse's app was filed same time , no update yet. No FP notices.
AR
Received 2 year EAD card in email. Card is valid from jul 30th 2008 to jul 29th 2010. My PD is current.(May 06). Dont know if this is good news or bad news.
AR
Ap was submitted 2 days ago. PD is May 06. Spouse's app was filed same time , no update yet. No FP notices.
AR
Received 2 year EAD card in email. Card is valid from jul 30th 2008 to jul 29th 2010. My PD is current.(May 06). Dont know if this is good news or bad news.
AR
ssnd03
02-22 03:23 PM
Well USCIS withdrew the Q&A they posted on their website for revision.
I hope they don't plan to screw the remaining name-check sufferers again.
They have been approving some of them in the past few days (and neither according to PD or RD, basically no FIFO, just based on officers whims)
See the withdrawal notice on AILA website
http://www.aila.org/content/default.aspx?docid=24696
Edit/Delete Message
I hope they don't plan to screw the remaining name-check sufferers again.
They have been approving some of them in the past few days (and neither according to PD or RD, basically no FIFO, just based on officers whims)
See the withdrawal notice on AILA website
http://www.aila.org/content/default.aspx?docid=24696
Edit/Delete Message
ghouse1742
08-11 04:56 PM
I will use it surely when I come across a good opportunity. This is a provision provided by USCIS just for the specific purpose of changing jobs, so why do you anticipate any issues with using AC21 with in the guidelines for using it. I would also consult some one (best one will be a lawyer in my view) who has done this and has good knowledge of this to make sure everything is in order. Best of luck and enjoy the little flexibility AC21 provides.
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