thomachan72
07-05 04:46 PM
Money never, never comes last, IMHO. Money does have its place right beside grass root efforts. Any one who undermines either of them at any time is making a huge mistake.
I am scratching my head to figure out how IV benefits with non paying members? If you say that by being a member of IV, we have done the honors, I have no answer for you. If you say that we all boast about being a 15K member org, You can pass on me. Are you a proponent of "I dont care how IV benefits from me, All that I care for is if I got my question answered or not " thought process? As long as we see IV only as a forum and compare with other forums, we will never see the invaluable difference. while eulogizing the founders, also try to see what they would like us to do. I am positive they would love more contributions than a simple eulogy so that we can enable ourselves with more ammo. Thanks for the undeserved pat. I will be happy if people take a moment and introspect their stand on this issue.
Friend I dont disagree with you regarding the value of money but we should think in the context of the current situation, right? The CIR is gone for now. It may / may not come back in 2009, who knows. Now we have the 485 filing crisis. You said we have 15000 members. How many of these are actually affected by the current crisis?? I can tell about one person, myself, certainly I am not affected directly. Now if lets say 20% are affected that would be 3000, right? Do you know how many people applied for 485 this time, it certainly is in the 100K or much more numbers. Now if we start being very critical of the few here (approx 3000), who have not contributed, we are making a mistake. I may be completely wrong on these numericals. Lets hope everybody contributes (if IV actually needs fund urgently). Atleast regarding the present crisis we are fortunate the AILF is taking up the case for FREE. People who want to contribute can through IV or even directly. I dont think contribution is going to make a difference here. This is not a lobbying effort involving the pattonbog, this is a legal case in which we are just joining.
I am scratching my head to figure out how IV benefits with non paying members? If you say that by being a member of IV, we have done the honors, I have no answer for you. If you say that we all boast about being a 15K member org, You can pass on me. Are you a proponent of "I dont care how IV benefits from me, All that I care for is if I got my question answered or not " thought process? As long as we see IV only as a forum and compare with other forums, we will never see the invaluable difference. while eulogizing the founders, also try to see what they would like us to do. I am positive they would love more contributions than a simple eulogy so that we can enable ourselves with more ammo. Thanks for the undeserved pat. I will be happy if people take a moment and introspect their stand on this issue.
Friend I dont disagree with you regarding the value of money but we should think in the context of the current situation, right? The CIR is gone for now. It may / may not come back in 2009, who knows. Now we have the 485 filing crisis. You said we have 15000 members. How many of these are actually affected by the current crisis?? I can tell about one person, myself, certainly I am not affected directly. Now if lets say 20% are affected that would be 3000, right? Do you know how many people applied for 485 this time, it certainly is in the 100K or much more numbers. Now if we start being very critical of the few here (approx 3000), who have not contributed, we are making a mistake. I may be completely wrong on these numericals. Lets hope everybody contributes (if IV actually needs fund urgently). Atleast regarding the present crisis we are fortunate the AILF is taking up the case for FREE. People who want to contribute can through IV or even directly. I dont think contribution is going to make a difference here. This is not a lobbying effort involving the pattonbog, this is a legal case in which we are just joining.
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javadeveloper
12-12 03:56 PM
No one has answered my question yet - If we are so "highly skilled", why no one is listening to us in this country.
They'll definitely listen , but It takes some time , may be 5,6 years
They'll listen to you in 1 year if you have "extraordinary ability(EB1)"
They'll definitely listen , but It takes some time , may be 5,6 years
They'll listen to you in 1 year if you have "extraordinary ability(EB1)"
gcma08
06-06 04:28 PM
We got the "card production ordered" emails today. Here are our dates.
Labor Approved: 10/10/2006
I-140 AD: 11/27/2006
I-485 RD: 07/09/2007
EAD, AP: Sep/Oct 2007
RFE: 11/29/2007 Responded: 12/6/2007
LUD/AD: 6/6/2008 (Card Production Ordered)
Labor Approved: 10/10/2006
I-140 AD: 11/27/2006
I-485 RD: 07/09/2007
EAD, AP: Sep/Oct 2007
RFE: 11/29/2007 Responded: 12/6/2007
LUD/AD: 6/6/2008 (Card Production Ordered)
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ronhira
04-11 06:05 PM
Good point. I appreciate your hard work.
This may be helpful
245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)
GRANDFATHERED DERIVATIVE FAMILY MEMBERS
Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo
Section 245(i) defines the term "beneficiary" to include a spouse or
child "eligible to receive a visa under section 203(d) of the Act." This
applies to spouses or children "accompanying or following to join" the
principal alien.
An alien who is accompanying or following to join an alien who is a
grandfathered alien is thus also the "beneficiary" of the grandfathered
petition or labor certification application and is also grandfathered.
Since an alien's ability to characterize himself or herself as
"accompanying or following to join" the principal alien depends on the
existence of a qualifying relationship at the time of the principal's
adjustment, adjudicators must determine whether the relationship existed
prior to the time the alien adjusted status. Officers should remember
that the burden of proof to establish the qualifying relationship rests
with the applicant.
The spouse or child of a grandfathered alien as of January 14 is also
grandfathered for 245(i) purposes. This means that the spouse or child
is grandfathered irrespective of whether the spouse or child adjusts
with the principal. The pre-January 15 spouse or child also are
grandfathered even after losing the status of spouse or child, such as
by divorce or by becoming 21 years of age, by the petitioner�s
naturalization, through the parents� divorce, or even if the principal
or petitioner dies. Grandfathered eligibility attaches to the person and
not the petition. Many aliens with pending, grandfathered petitions or
labor certification applications will marry or have children after the
qualifying petition or application was filed but before adjustment of
status. These "after-acquired" children and spouses are allowed to
adjust under 245(i) as long as they acquire the status of a spouse or
child before the principal alien ultimately adjusts status.
An alien who becomes the child or spouse of a grandfathered alien
after the alien adjusts status or immigrates cannot adjust status under
section 245(i) unless he or she has an independent basis for
grandfathering.
"Aged-out" children
Often, a principal alien who has filed a visa petition or labor
certification application will have a "child" who reaches the age of 21,
and thus no longer meet the statutory definition of child, before the
petition or application is approved or the principal alien adjusts
status. However, such an "aged-out" beneficiary will remain a
beneficiary for the purpose of determining whether he or she may use
section 245(i) to adjust status.
Eligibility: An alien who is included in the categories of
restricted aliens under 245.1(b) and meets the definition of a
``grandfathered alien'' may apply for adjustment of status under section
245 of the Act if the alien meets the requirements of paragraphs (b)(1)
through (b)(7) of this section:
(1) Is physically present in the United States;
(2) Is eligible for immigrant classification and has an immigrant visa
number immediately available at the time of filing for adjustment of
status;
(3) Is not inadmissible from the United States under any provision of
section 212 of the Act, or all grounds for inadmissibility have been
waived;
(4) Properly files Form I-485, Application to Register Permanent
Residence or Adjust Status on or after October 1, 1994, with the
required fee for that application;
(5) Properly files Supplement A to Form I-485 on or after October 1,
1994;
(6) Pays an additional sum of $1,000, unless payment of the additional
sum is not required under section 245(i) of the Act; and
(7) Will adjust status under section 245 of the Act to that of lawful
permanent resident of the United States on or after October 1, 1994.
hypocrisy as its best...... need another quote from gandhi....
u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....
This may be helpful
245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)
GRANDFATHERED DERIVATIVE FAMILY MEMBERS
Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo
Section 245(i) defines the term "beneficiary" to include a spouse or
child "eligible to receive a visa under section 203(d) of the Act." This
applies to spouses or children "accompanying or following to join" the
principal alien.
An alien who is accompanying or following to join an alien who is a
grandfathered alien is thus also the "beneficiary" of the grandfathered
petition or labor certification application and is also grandfathered.
Since an alien's ability to characterize himself or herself as
"accompanying or following to join" the principal alien depends on the
existence of a qualifying relationship at the time of the principal's
adjustment, adjudicators must determine whether the relationship existed
prior to the time the alien adjusted status. Officers should remember
that the burden of proof to establish the qualifying relationship rests
with the applicant.
The spouse or child of a grandfathered alien as of January 14 is also
grandfathered for 245(i) purposes. This means that the spouse or child
is grandfathered irrespective of whether the spouse or child adjusts
with the principal. The pre-January 15 spouse or child also are
grandfathered even after losing the status of spouse or child, such as
by divorce or by becoming 21 years of age, by the petitioner�s
naturalization, through the parents� divorce, or even if the principal
or petitioner dies. Grandfathered eligibility attaches to the person and
not the petition. Many aliens with pending, grandfathered petitions or
labor certification applications will marry or have children after the
qualifying petition or application was filed but before adjustment of
status. These "after-acquired" children and spouses are allowed to
adjust under 245(i) as long as they acquire the status of a spouse or
child before the principal alien ultimately adjusts status.
An alien who becomes the child or spouse of a grandfathered alien
after the alien adjusts status or immigrates cannot adjust status under
section 245(i) unless he or she has an independent basis for
grandfathering.
"Aged-out" children
Often, a principal alien who has filed a visa petition or labor
certification application will have a "child" who reaches the age of 21,
and thus no longer meet the statutory definition of child, before the
petition or application is approved or the principal alien adjusts
status. However, such an "aged-out" beneficiary will remain a
beneficiary for the purpose of determining whether he or she may use
section 245(i) to adjust status.
Eligibility: An alien who is included in the categories of
restricted aliens under 245.1(b) and meets the definition of a
``grandfathered alien'' may apply for adjustment of status under section
245 of the Act if the alien meets the requirements of paragraphs (b)(1)
through (b)(7) of this section:
(1) Is physically present in the United States;
(2) Is eligible for immigrant classification and has an immigrant visa
number immediately available at the time of filing for adjustment of
status;
(3) Is not inadmissible from the United States under any provision of
section 212 of the Act, or all grounds for inadmissibility have been
waived;
(4) Properly files Form I-485, Application to Register Permanent
Residence or Adjust Status on or after October 1, 1994, with the
required fee for that application;
(5) Properly files Supplement A to Form I-485 on or after October 1,
1994;
(6) Pays an additional sum of $1,000, unless payment of the additional
sum is not required under section 245(i) of the Act; and
(7) Will adjust status under section 245 of the Act to that of lawful
permanent resident of the United States on or after October 1, 1994.
hypocrisy as its best...... need another quote from gandhi....
u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....
more...
mihird
07-09 03:58 PM
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can present in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
It took them 6 months to consume 66K visas and then another 15 days to process another 66K.
It is reasonably safe to assume, either correct procedures were not followed in the past or were not followed in the last 2 weeks. Only a judge can order USCIS to elobarte on what processes were followed in the last 2 weeks (FBI name checks and security clearances skipped...etc. etc.)
They made people expend (or rather waste) millions of dollars in preparing the paperwork...and then changed the process abruptly on July 2nd..with no advance notice...they could have published a guidance in the July bulletin itself of this possibly happening, if not published a guidance sometime later...
There is no doubt, that the entire chain of events were premeditated...and the communication mix-up as claimed by Condoleezza Rice on TV was a deliberate one..
I doubt if this will all fly in court...they certainly owe the millions of wasted dollars and thousands of wasted hours in preparing the paperwork, back to the applicants/attornies...at the least...
Keep in mind, the AILF rarely files a law suit against the government, and most of their law suits have had favorable outcomes..
I posted this link , so that everybody may know the legal reasons, which we can present in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
It took them 6 months to consume 66K visas and then another 15 days to process another 66K.
It is reasonably safe to assume, either correct procedures were not followed in the past or were not followed in the last 2 weeks. Only a judge can order USCIS to elobarte on what processes were followed in the last 2 weeks (FBI name checks and security clearances skipped...etc. etc.)
They made people expend (or rather waste) millions of dollars in preparing the paperwork...and then changed the process abruptly on July 2nd..with no advance notice...they could have published a guidance in the July bulletin itself of this possibly happening, if not published a guidance sometime later...
There is no doubt, that the entire chain of events were premeditated...and the communication mix-up as claimed by Condoleezza Rice on TV was a deliberate one..
I doubt if this will all fly in court...they certainly owe the millions of wasted dollars and thousands of wasted hours in preparing the paperwork, back to the applicants/attornies...at the least...
Keep in mind, the AILF rarely files a law suit against the government, and most of their law suits have had favorable outcomes..
Legal_In_A_Limbo
03-10 01:08 PM
coolmanship, can you please share the format of the letter which we need to send to USCIS asking them of taking the attorney of the case?
I will really appreciate that.
Change of employer does not imply your use of the AC21.....the rule does not require you to notify USCIS....so in many cases, if you do not notify them, it is likely that they will never know and approve your GC. But, if they issue an RFE and if your sponsoring employer gives you the offer for future job you should be okay..........you may only have to work for them for at least a little bit after you got your GC....
I will really appreciate that.
Change of employer does not imply your use of the AC21.....the rule does not require you to notify USCIS....so in many cases, if you do not notify them, it is likely that they will never know and approve your GC. But, if they issue an RFE and if your sponsoring employer gives you the offer for future job you should be okay..........you may only have to work for them for at least a little bit after you got your GC....
more...
gg_ny
08-15 05:30 PM
There is nothing shocking about it. This is how CIS works: move it slowly so that when the new numbers come in w.e.f. october, they can take it forward. EB2 India is where it was in the June bulletin. Thru oct 2007 it should move a few months as there was a big rush to file before Oct. 2005. In fact, Oct 2009 bulletin should be great because the retrogression started in oct 2005 and the applicants in the period between April 2004 - Sept 2005 should be covered (hopefully) in the fiscal year of Oct 2007 to Sept 2008. And a whole new year quota of numbers will be available for the first few months starting from Oct.2008 with not many takers and that could spill over to EB3 retrogressed.
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nandakumar
12-27 06:07 PM
There are couple of postings in Murthy.com
Please participate so that others can view and potentially could become members of IV
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=7141062241
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=5171092241
Please participate so that others can view and potentially could become members of IV
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=7141062241
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=5171092241
more...
capriol
04-25 10:55 AM
Dear Googler and others:
Since there has been some confusion about the receipt date versus the notice date in terms of the centres processing the 485s for final adjudication, my query is that which date (the receipt or the notice date) actually determines processing? Kindly let me know. Thanks.
Since there has been some confusion about the receipt date versus the notice date in terms of the centres processing the 485s for final adjudication, my query is that which date (the receipt or the notice date) actually determines processing? Kindly let me know. Thanks.
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bheemi123
10-03 01:29 PM
I am on L1A visa with Company A & the I-94 was valid till September 10, 2007.
Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
I have few question
1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.
i did exactly like you..
Only thing need you to do is u can be with l1 with current company until nov 15th after that..u can work for h1b company..but remember if u want to continue to work for company A forever means not going to use h1b ..then u have to leave the country and then enter the country on l1 visa....if u want to use h1b in nov then it is fine to work with l1...i did that ..and had visa stamps 2 times afterwards...there were no problems...
Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
I have few question
1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.
i did exactly like you..
Only thing need you to do is u can be with l1 with current company until nov 15th after that..u can work for h1b company..but remember if u want to continue to work for company A forever means not going to use h1b ..then u have to leave the country and then enter the country on l1 visa....if u want to use h1b in nov then it is fine to work with l1...i did that ..and had visa stamps 2 times afterwards...there were no problems...
more...
somegchuh
12-27 03:28 PM
I think the bottomline is not having a GC causes you so much general grief in life that even if you were in a perfect job on H1 and your spouse had a perfect job on H1, you would still want GC just to circumvent these issues with transit and financial institutions.
I know every time my wife or I fly anywhere, we are concerned about transit visas. Anytime you try to open an account, you are concerned. Different state DMV's act differently. Heck, even people in same DMV office in same city interpret rules differently when it comes to H1. I know ppl who have had trouble in CA getting a license because their H1 extension pending and I know ppl whose licenses were mailed to them with validity for another 5 years!
I know every time my wife or I fly anywhere, we are concerned about transit visas. Anytime you try to open an account, you are concerned. Different state DMV's act differently. Heck, even people in same DMV office in same city interpret rules differently when it comes to H1. I know ppl who have had trouble in CA getting a license because their H1 extension pending and I know ppl whose licenses were mailed to them with validity for another 5 years!
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anju
09-05 11:40 AM
Do you know about new category when booking visa stamping appointment?
It reads Renewing same category visa expired within last 12 months. If you say yes, there is no appointment available as of today. At least not in Chennai consulate? Anyone knows about this?
Anju
It reads Renewing same category visa expired within last 12 months. If you say yes, there is no appointment available as of today. At least not in Chennai consulate? Anyone knows about this?
Anju
more...
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supers789
03-11 10:57 PM
Thanks for the link... And so sad after all that hype!
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vaishnavilakshmi
06-30 07:10 PM
Sounds like a plan - let us know what's the next step.
I got little demoralized last evening but then worked from 11 thru 3 AM to double check everything and i mailed today by USPS Express Mail ( it should reach July 2nd )
Thanks again for your leadership.
Diptam
Good Job Diptam !!,
Rumuors are rumors most of the times.Whatver be the situation u drove positively and finally made it to reach on time whatever the sitution would b on monday!
Though these announcements,rumours tensed u up,u really did a great job in finishing and submitting it !Thats the spirit!
-vaishu
I got little demoralized last evening but then worked from 11 thru 3 AM to double check everything and i mailed today by USPS Express Mail ( it should reach July 2nd )
Thanks again for your leadership.
Diptam
Good Job Diptam !!,
Rumuors are rumors most of the times.Whatver be the situation u drove positively and finally made it to reach on time whatever the sitution would b on monday!
Though these announcements,rumours tensed u up,u really did a great job in finishing and submitting it !Thats the spirit!
-vaishu
more...
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Nikith77
03-12 08:57 AM
Why is this info no in the USCIS web site.
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WeldonSprings
03-19 05:02 PM
Can EB2 move to March 06?
I hope this happens. :)
I hope this happens. :)
more...
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immigrant2007
08-12 08:10 AM
Guys,
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
I have asked this question over and over again but Iv doesn't seem to entertain it. IV number crunchers are busy developing and applying patent for a sofware on GC estimation.
245(i) consumed EB3 worldwide quota and is responsilbe to backlog along with deliberate delay by USCIs.
But thas history now, what do we do in future matter more...I think If economy doesn't improves EB3s are infor a big shock.
Post election if Republicans win then they will do their best to deny GCs to all backlog guys so that they can enjoy thier loot (Social secuirty,foreclosed homes)...
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
I have asked this question over and over again but Iv doesn't seem to entertain it. IV number crunchers are busy developing and applying patent for a sofware on GC estimation.
245(i) consumed EB3 worldwide quota and is responsilbe to backlog along with deliberate delay by USCIs.
But thas history now, what do we do in future matter more...I think If economy doesn't improves EB3s are infor a big shock.
Post election if Republicans win then they will do their best to deny GCs to all backlog guys so that they can enjoy thier loot (Social secuirty,foreclosed homes)...
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supernova
04-06 08:37 PM
I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
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Googler
04-29 01:00 AM
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08. I opened the mailbox at home this evening and to my complete surprise -- the physical card! Sudden burst of efficiency at USCIs, 6 days from approval to actual delivery of card.
Good luck to everyone else!
Good luck to everyone else!
vine93
10-23 06:05 PM
bump
santa123
01-26 12:45 AM
Pls participate & write to CIS on your hardships
http://immigrationvoice.org/forum/showthread.php?p=312718#post312718
http://immigrationvoice.org/forum/showthread.php?p=312718#post312718
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