PHANI_TAVVALA
09-01 01:47 PM
Been here since August 1995 - came on F1 undergrad
and counting. Looks like you were out of luck. You would have been an citizen if you started your greencard pre-1999.
and counting. Looks like you were out of luck. You would have been an citizen if you started your greencard pre-1999.
wallpaper Girl Tattoos
gimme Green!!
07-06 08:40 AM
Hopefully the emphasis on homeland security will not have an adverse effect when dates become current again or move forward.
On a lighter vein, isn't this essentially what we need - quick processing and approval of 485 apps without being stuck with all the paperwork? :)
Changing title to "Homeland security compromised in mad rush to process Green Cards" may provide fuel to anti-immigrants. They may argue that the process is better served by taking for 25 years to ensure no would be terroists get green cards !
On a lighter vein, isn't this essentially what we need - quick processing and approval of 485 apps without being stuck with all the paperwork? :)
Changing title to "Homeland security compromised in mad rush to process Green Cards" may provide fuel to anti-immigrants. They may argue that the process is better served by taking for 25 years to ensure no would be terroists get green cards !
lskreddy
04-30 02:54 PM
Other than boasting how excellent USCIS is doing their job, there was nothing new or helpful to the actual bill. It was actually counter to the task at hand. That was Aytes...
Now, a State dept person is talking about how efficient they are..
Now, a State dept person is talking about how efficient they are..
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dhirajgrover
01-14 12:11 PM
There are 2 options in my opinion.
1. Secure an appointment with the local ASC and have them expedite this case if you want to travel early. They may require some supporting documents. The appointment can be made via Infopass at http://infopass.uscis.gov/index.php
2. Call USCIS at the number on your receipt notice. Select a series of numbers as per the prompts to talk to a Service Rep. Tell them your urgency to travel and they will expedite your case. It will take 5 business days from the date the request gets expedited to get a response back from USCIS.
HTH.
1. Secure an appointment with the local ASC and have them expedite this case if you want to travel early. They may require some supporting documents. The appointment can be made via Infopass at http://infopass.uscis.gov/index.php
2. Call USCIS at the number on your receipt notice. Select a series of numbers as per the prompts to talk to a Service Rep. Tell them your urgency to travel and they will expedite your case. It will take 5 business days from the date the request gets expedited to get a response back from USCIS.
HTH.
more...
ind_game
05-18 03:05 PM
Those continuous LUDs are pre adjudication processes - means your name check status, other statuses. FP etc... are all processed.
ANOTHER UPDATE
I just spoke to Congressional office and this is what she has to say:
Quote"""""""""""
I just spoke with our liaison at the Nebraska office and she confirmed that your motion to reopen was approved on Friday (05/15/2009). That, I am told, means Nebraska agrees to re-examine your I-485 denial and a decision should be forthcoming within 60 days. I suggest that we wait to see what that decision is before our office initiates any formal inquiries with the USCIS Nebraska Director.
""""""""""""""Unquote
But she agreed that my second MTR might have been on sidelines and the congressional office inquiry into the matter could have influenced USCIS to review my case ( probably with a supervisor) immediately. She told me that she would put another inquiry with NSC in 4 weeks if nothing comes up. Finally we have decided to forgo (just for now) the process of writing letter to the NSC Director as it might not add much weight to the process, as congressional office would be repeating the same argument that my Attorney has made regarding the AC21, which a supervisor is already looking at.
I have already waited for 3 months. Another 2 months might take its toll on my emotional drain.
God save AC21............
ANOTHER UPDATE
I just spoke to Congressional office and this is what she has to say:
Quote"""""""""""
I just spoke with our liaison at the Nebraska office and she confirmed that your motion to reopen was approved on Friday (05/15/2009). That, I am told, means Nebraska agrees to re-examine your I-485 denial and a decision should be forthcoming within 60 days. I suggest that we wait to see what that decision is before our office initiates any formal inquiries with the USCIS Nebraska Director.
""""""""""""""Unquote
But she agreed that my second MTR might have been on sidelines and the congressional office inquiry into the matter could have influenced USCIS to review my case ( probably with a supervisor) immediately. She told me that she would put another inquiry with NSC in 4 weeks if nothing comes up. Finally we have decided to forgo (just for now) the process of writing letter to the NSC Director as it might not add much weight to the process, as congressional office would be repeating the same argument that my Attorney has made regarding the AC21, which a supervisor is already looking at.
I have already waited for 3 months. Another 2 months might take its toll on my emotional drain.
God save AC21............
guy03062
03-16 03:25 PM
Can u pls post the content?
Compromise reached on guest-worker plan
Senate panel's deal includes legalization proposal
http://www.ocregister.com/ocregister/homepage/abox/article_1053340.php
Compromise reached on guest-worker plan
Senate panel's deal includes legalization proposal
http://www.ocregister.com/ocregister/homepage/abox/article_1053340.php
more...
vvicky72
07-11 10:07 AM
I am hoping this is not a typo from the mumbai consulate and USCIS visa bulletin will reflect the same.
My priority date is April 06. Does this mean that there is a chance for me to get the GC now?
How much time does it usually take for USCIS to approve the application after the priority date is current in the bulletin?
And lastly, what are the chances of USCIS staying on this date for EB2-I and not retrogressing it back to some old date (after it issues 1 yr EAD to everyone !!)?
My priority date is April 06. Does this mean that there is a chance for me to get the GC now?
How much time does it usually take for USCIS to approve the application after the priority date is current in the bulletin?
And lastly, what are the chances of USCIS staying on this date for EB2-I and not retrogressing it back to some old date (after it issues 1 yr EAD to everyone !!)?
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saileshdude
09-10 10:43 AM
I think these guys are just playing with our minds. They know how many applications are pending. At least they have a estimate and idea.
Now they will sit on these pending applications until the end of year and then suddenly move dates 2-3 years ahead and approve some GCs. Few will be happy and most of us will be disappointed.
Now they will sit on these pending applications until the end of year and then suddenly move dates 2-3 years ahead and approve some GCs. Few will be happy and most of us will be disappointed.
more...
Winner
05-05 08:35 AM
He's been an advocate on backlog issues, and his staff had helped look into my case last year. I used his web site to send him an email (for VA residents only), slightly modifying the phone script to thank him, since I finally got my green card in November. Will post response when I receive it.
Thanks for helping us our even after getting your GC.
Thanks for helping us our even after getting your GC.
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jetflyer
12-15 11:13 AM
What a nobel idea. IV has thousands of members and we all are with you. What we don't seems to have is LEADER. Yes, we are lacking leaders like you, If you start I am sure all IV members will follow you. Just drop us a line when you are ready to start. We all are counting on you.
J.F.
Dear Friends,
What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.
please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.
MC
J.F.
Dear Friends,
What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.
please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.
MC
more...
ragz4u
03-08 02:18 PM
This will go on until 1.00 pm and there will not be any session in the afternoon tomorrow.
Senator Specter is going to talk to Sen. Bill Frist so that all Judiciary Committee members turn up tomorrow
Senator Specter is going to talk to Sen. Bill Frist so that all Judiciary Committee members turn up tomorrow
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mpadapa
06-11 12:04 PM
This retrogression and slow forward movement was a problem in the making. Last summer IV core had warned about this issue. The writing on this issue was on the wall, now we have numbers to prove it. Last year (2008) we ducked the issue because EB folks got lucky since almost 23K visa wasted by FB folks in 2007 was counted as part of EB limit in 2008. This year no such luck, we are stuck with our usual quota's. Refresh your memory with an old thread from last summer. (http://immigrationvoice.org/forum/showthread.php?t=19042)
Folks don't narrow this issue to an Indian/chinese issue. All EB3 folks and EB2 (reto countries) are affected by the retrogression. When the system is broken blame the system and not the individual department. Looks like members like to take a dig at USCIS for every problem in the system. Go talk to your lawmakers if you have issues with the system, they are the one who drafted the limits. Your labor was delayed not because of USCIS but by DOL. Yes USCIS is not a perfect org but they do their best. USCIS wasn't equipped to handle millions of EAD/AP every year aren't they issuing they issuing it within reasonable time. Give some respect to the org and just don't use it as a punch bag for all your problems. If you have issues with wastage of visa's go ask the lawmakers who introduced the 245i provision in 2000. They showed the EB folks with ~130K recapture and flooded the system with 245i applicants and caused ~130K visa numbers wasted between 2000-present. What was the net gain? We should collective organize and do active lobbying with IV, otherwise we will be taken for another ride in CIR.
Source:
http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html
........
Folks don't narrow this issue to an Indian/chinese issue. All EB3 folks and EB2 (reto countries) are affected by the retrogression. When the system is broken blame the system and not the individual department. Looks like members like to take a dig at USCIS for every problem in the system. Go talk to your lawmakers if you have issues with the system, they are the one who drafted the limits. Your labor was delayed not because of USCIS but by DOL. Yes USCIS is not a perfect org but they do their best. USCIS wasn't equipped to handle millions of EAD/AP every year aren't they issuing they issuing it within reasonable time. Give some respect to the org and just don't use it as a punch bag for all your problems. If you have issues with wastage of visa's go ask the lawmakers who introduced the 245i provision in 2000. They showed the EB folks with ~130K recapture and flooded the system with 245i applicants and caused ~130K visa numbers wasted between 2000-present. What was the net gain? We should collective organize and do active lobbying with IV, otherwise we will be taken for another ride in CIR.
Source:
http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html
........
more...
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black_logs
03-09 11:29 AM
So they'll probably take out schedule A workers(Nurses etc.) from EB3 category
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gc_on_demand
04-30 03:07 PM
... King is happy with the current numbers. "Don't take the risk to go over the caps" he says...
Why King is not understanding this is not over cap. These are unsed visa from past years.. Such a foolish politics.
Why King is not understanding this is not over cap. These are unsed visa from past years.. Such a foolish politics.
more...
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wandmaker
03-12 11:45 AM
Hi Guys,
I noticed recently a lot of people have the status of "Donor" instead of "Senior Member", "Member", Junior Member etc.
How does one become a "Donor". I have donated to IV SEVERAL times in the past.
Can you take sometime to fill in your profile?
I noticed recently a lot of people have the status of "Donor" instead of "Senior Member", "Member", Junior Member etc.
How does one become a "Donor". I have donated to IV SEVERAL times in the past.
Can you take sometime to fill in your profile?
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soarin3655
08-05 09:49 AM
LoneDesi:
What changes are needed when sending a letter from an EB3-I point of view?
The processing dates you have mentioned correspond only to EB2.
Thanks.
What changes are needed when sending a letter from an EB3-I point of view?
The processing dates you have mentioned correspond only to EB2.
Thanks.
more...
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ItIsNotFunny
10-21 11:06 AM
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
Guys,
This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).
We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.
I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.
One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!
I sent my emails (actually twice ;)).
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
Guys,
This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).
We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.
I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.
One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!
I sent my emails (actually twice ;)).
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gc4me
07-06 12:56 PM
I see lots of frustration here. July fillers, you will definitely feel good after hearing my story. At least you are not in my situation. Read this: I was eligible to file in June under June visa bulletin. My deshi blood s^#$* employer did not provide me the letter in time. I am in my 7th year of H1B and they refused to provide my I-140 approval copy. I have the receipt# only. Attorney will not give it to me either. Now what should I do. You guys at lest will be able to file may be in future. What about me! Please suggest anyone!! Now I can not go to a new employer also! See, you are in better position than mine.
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diptam
07-06 01:04 PM
He is a excellent lawyer it seems , may be i'll hire him ...
What is his name , is he/she a AILA member ?
My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.
What is his name , is he/she a AILA member ?
My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.
DSJ
07-06 01:03 PM
He is trying to spin a news and get a answer of his comfort. Guyz never stop :)
Dude enough of your and your lawyer's crap. I just checked your last post. This is what you claim your lawyer said.
--------------------------------------------------------------------------------
I called my lawyer he said the are accepting applications which reached there before 12:15. does anybody have news like that or he just lying....
Dude enough of your and your lawyer's crap. I just checked your last post. This is what you claim your lawyer said.
--------------------------------------------------------------------------------
I called my lawyer he said the are accepting applications which reached there before 12:15. does anybody have news like that or he just lying....
laborman
04-26 12:38 PM
As per the latest update provided by the DOL to the AILA, of the 363,000 backlog cases pending 108,000 have been completed; 50,000 Certifications have been issued and 255,000 cases remain pending. The DOL further advises that they are on track to issue 45 day letters on all remaining cases by end of June 2006.
My PD is Sept 2003 and I haven't yet got my 45 - day letter. :(
My PD is Sept 2003 and I haven't yet got my 45 - day letter. :(
