minimalist
01-30 04:40 PM
I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
I agree with nousername and sledgehammer. It's funny how people justify unethical behavior by saying hey everybody is just trying to improve their own lives. Criminals are trying to improve their own life too and that doesn't excuse crime. The issue here is simple. This lady went for the quick and easy way out, applied for an H1B with some sleazy body shopper without having a project in hand and in the process, no doubt deprived someone better-deserving who actually had a job in hand.
Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
I agree with nousername and sledgehammer. It's funny how people justify unethical behavior by saying hey everybody is just trying to improve their own lives. Criminals are trying to improve their own life too and that doesn't excuse crime. The issue here is simple. This lady went for the quick and easy way out, applied for an H1B with some sleazy body shopper without having a project in hand and in the process, no doubt deprived someone better-deserving who actually had a job in hand.
Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.
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perm
08-06 02:35 PM
My checks cashed. Mailed I485-EB2, EAD, AP on June 29th, reached USCIS - NSC on July 2nd 10:25 am by Fedex. Checks cashed on 8/3 - Still not be able to see the back side of the image for RD etc. My I-140 was approved last year from TSC.
I was expecting my case to be transfered rom NSC to TSC!!?? also NO lud on I-140 case so far.
I was expecting my case to be transfered rom NSC to TSC!!?? also NO lud on I-140 case so far.
nrk
02-04 11:22 AM
Hi Guys,
I came to know that if there is a significant increase in the new salary compared to old labor salary, the chances of getting a query is more.
Let us assume that if you old labor salary is X and if you want to take up a new job with X + 30% or more the chances for USCIS query is more.
If the salary increases between the jobs is 10% there should not be any issue.
Of course, these words are not from an attorney, i talked to a senior guy who is in this profession.
Before you are planning to use AC 21, please consult with attroney first and they only accept the new job.
I came to know that if there is a significant increase in the new salary compared to old labor salary, the chances of getting a query is more.
Let us assume that if you old labor salary is X and if you want to take up a new job with X + 30% or more the chances for USCIS query is more.
If the salary increases between the jobs is 10% there should not be any issue.
Of course, these words are not from an attorney, i talked to a senior guy who is in this profession.
Before you are planning to use AC 21, please consult with attroney first and they only accept the new job.
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pappu
06-28 04:47 PM
Hello LCtank,
Thanks for the excellent suggestion. Do you know Dr. Woo or do you know someone who would know Dr. Woo? That would help a lot. Will initiate the contact with 80-20 initiative right away.
If anybody has more of such suggestions/leads please send them across and help this effort.
Thanks again,
WaldenPond
This is a good idea.
http://www.80-20initiative.net/intouch.htm
http://www.80-20initiative.net/BoDSC.html
There is also one Rajen Anand as its director.
Rajen Anand (Southern California)
Currently serving as a Professor of Physiology at the California State University, Long Beach, Dr. Anand was head of the USDA Center for Nutrition Policy and Promotion in Washington DC, 1995-2001.
Long involved in public policy issues and community affairs, Dr. Anand has served as an officer / Board member of: 80-20 Initiative, Asian and Pacific Americans in Higher Education (vice president); National Federation of Indian American Associations (president-elect); Indo-American Political Association (chair); Asian American and Pacific Islander Caucus (vice chair and chair) in California, and many others.
Dr. Anand was appointed in 1994, and reappointed in 1997 and 2000, to serve on the 11-member National Committee on Foreign Medical Education and Accreditation.
Thanks for the excellent suggestion. Do you know Dr. Woo or do you know someone who would know Dr. Woo? That would help a lot. Will initiate the contact with 80-20 initiative right away.
If anybody has more of such suggestions/leads please send them across and help this effort.
Thanks again,
WaldenPond
This is a good idea.
http://www.80-20initiative.net/intouch.htm
http://www.80-20initiative.net/BoDSC.html
There is also one Rajen Anand as its director.
Rajen Anand (Southern California)
Currently serving as a Professor of Physiology at the California State University, Long Beach, Dr. Anand was head of the USDA Center for Nutrition Policy and Promotion in Washington DC, 1995-2001.
Long involved in public policy issues and community affairs, Dr. Anand has served as an officer / Board member of: 80-20 Initiative, Asian and Pacific Americans in Higher Education (vice president); National Federation of Indian American Associations (president-elect); Indo-American Political Association (chair); Asian American and Pacific Islander Caucus (vice chair and chair) in California, and many others.
Dr. Anand was appointed in 1994, and reappointed in 1997 and 2000, to serve on the 11-member National Committee on Foreign Medical Education and Accreditation.
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ksircar
05-23 07:31 PM
Web fax sent.
Gravitation
04-22 08:23 PM
Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.
That means nothing in the court actually. It takes a lot more such as violation of trade-secrets for a court to rule against an employee. If hitting revenue was a valid reason not to change a job, nobody will ever be able to change a job.
What you mention is a common misconception.
"In Virginia (http://en.wikipedia.org/wiki/Virginia), a plaintiff (http://en.wikipedia.org/wiki/Plaintiff) must prove by a preponderance of the evidence (http://en.wikipedia.org/wiki/Preponderance_of_the_evidence) that the covenant is reasonable in the sense that it is: (1) no greater than necessary to protect its legitimate business interests, such as a trade secret (http://en.wikipedia.org/wiki/Trade_secret); (2) not unduly harsh or oppressive in restricting the employee’s ability to earn a living; and (3) not against public policy."
http://en.wikipedia.org/wiki/Non-compete_clause
That means nothing in the court actually. It takes a lot more such as violation of trade-secrets for a court to rule against an employee. If hitting revenue was a valid reason not to change a job, nobody will ever be able to change a job.
What you mention is a common misconception.
"In Virginia (http://en.wikipedia.org/wiki/Virginia), a plaintiff (http://en.wikipedia.org/wiki/Plaintiff) must prove by a preponderance of the evidence (http://en.wikipedia.org/wiki/Preponderance_of_the_evidence) that the covenant is reasonable in the sense that it is: (1) no greater than necessary to protect its legitimate business interests, such as a trade secret (http://en.wikipedia.org/wiki/Trade_secret); (2) not unduly harsh or oppressive in restricting the employee’s ability to earn a living; and (3) not against public policy."
http://en.wikipedia.org/wiki/Non-compete_clause
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amitjoey
11-17 05:26 PM
Posted on the Northern California chapter.
Chapter leaders- Please post on your chapter groups.
Chapter leaders- Please post on your chapter groups.
2010 alongside Justin Bieber.
bluesky1
10-11 02:36 PM
Here's more information. I only got the receipt numbers. The package arrived at NSC on 7/3 and recieved by R. Williams at 9:03am. My I-140 was approved at TSC last year. I live in NSC area. Receipt numbers started with LIN, so the cases were not transferred to TSC. I hope this means that they're processing the box for 9:03 on 7/3.
Congrats bluesky1!!!
Can you tell us more about your application like RN on receipt? TSC or NSC?
Congrats bluesky1!!!
Can you tell us more about your application like RN on receipt? TSC or NSC?
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eb3India
04-20 03:31 PM
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
I changed my job twice using AC-21 informed USCIS once, I don't see any risk itz a law, as long as you are able to produce paperwork that your current job is similar to previous one you are safe, any decent employer would give you a supporting letter (oh ya exluding blood sucking desi pimps).
I find many guys calcluate too much and let go good opportunities, get real guys no one is behind you if you have job and not done anything wrong,
I really don't care when I get my GC as long as they renew my EAD ( I am on my foruth EAD)
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
I changed my job twice using AC-21 informed USCIS once, I don't see any risk itz a law, as long as you are able to produce paperwork that your current job is similar to previous one you are safe, any decent employer would give you a supporting letter (oh ya exluding blood sucking desi pimps).
I find many guys calcluate too much and let go good opportunities, get real guys no one is behind you if you have job and not done anything wrong,
I really don't care when I get my GC as long as they renew my EAD ( I am on my foruth EAD)
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Libra
07-06 10:40 PM
I am in Minneapolis, if anyone planning to do anything for this cause, I am in.
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gc_on_demand
11-19 05:15 PM
Thank you for contacting me to express your concerns regarding the management of Employment-Based Second Preference Visas. Your opinion is very important to me, and I appreciate the opportunity to respond to you about this issue.
The number of unused visas is a concern that plagues our current immigration system. As a result, I believe it is important to reform our immigration system to meet the demands of our global marketplace. You may be pleased to know that I introduced S. 1085, the Reuniting Families Act (RFA), to not only address the issue of family reunification, but also to recapture employment-based visas that haven't been used in past years so that they may be used in future years. This bill also eliminates the current backlogs and long wait times in the family immigration system. Please rest assured that I will keep your views in mind as I continue to address the concerns of employment-based visas in the context of comprehensive immigration reform.
Several Senators including myself are currently working on a comprehensive immigration reform framework that aims to fix all the problems within our current immigration system. I thank you for sharing your thoughts with me, and I appreciate your support. Please do not hesitate to contact me if I can be of further assistance. I invite you to visit my website (Robert Menendez - US Senator for New Jersey: Home (http://menendez.senate.gov)) to learn more about how I am standing up for New Jersey families in the United States Senate.
The number of unused visas is a concern that plagues our current immigration system. As a result, I believe it is important to reform our immigration system to meet the demands of our global marketplace. You may be pleased to know that I introduced S. 1085, the Reuniting Families Act (RFA), to not only address the issue of family reunification, but also to recapture employment-based visas that haven't been used in past years so that they may be used in future years. This bill also eliminates the current backlogs and long wait times in the family immigration system. Please rest assured that I will keep your views in mind as I continue to address the concerns of employment-based visas in the context of comprehensive immigration reform.
Several Senators including myself are currently working on a comprehensive immigration reform framework that aims to fix all the problems within our current immigration system. I thank you for sharing your thoughts with me, and I appreciate your support. Please do not hesitate to contact me if I can be of further assistance. I invite you to visit my website (Robert Menendez - US Senator for New Jersey: Home (http://menendez.senate.gov)) to learn more about how I am standing up for New Jersey families in the United States Senate.
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Munna Bhai
12-17 12:25 PM
Gym, yoga, work, birds - these things are just escape from reality. The reality is pretty grim. Imagine a new wanna be immigrant. He/she has basically two choices:
1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.
2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.
So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?
To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.
You pointed out correctly..the reason everyone of us are depressed is "I don't wanna feel being a loser" as pointed by Bestia and now GC has become some-sort of personnal goal....
1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.
2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.
So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?
To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.
You pointed out correctly..the reason everyone of us are depressed is "I don't wanna feel being a loser" as pointed by Bestia and now GC has become some-sort of personnal goal....
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Madhuri
02-17 07:59 PM
Keep it going guys and gals!
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snathan
05-01 12:38 PM
gc_on_demand,
Please dont mix priority date with quota.
spouse's priority date will be the same as primary priority date.
We are discussing about quota here.
When you have the PD for primary as 2009 in EB2. He might be getting the GC in 3-4 years. But if you count the spouse in FB it will be another five years. Specially when you count the Spouse agaist the FB it will increase the back log.
So one of the IV agenda is remove counting the spouse/children against the quota. So we dont need to have all this mess.
Please dont mix priority date with quota.
spouse's priority date will be the same as primary priority date.
We are discussing about quota here.
When you have the PD for primary as 2009 in EB2. He might be getting the GC in 3-4 years. But if you count the spouse in FB it will be another five years. Specially when you count the Spouse agaist the FB it will increase the back log.
So one of the IV agenda is remove counting the spouse/children against the quota. So we dont need to have all this mess.
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gcisadawg
08-10 11:31 PM
Congratulations !! Wish there was a "welcome kit" buddy ... but all you will receive is an I-797 ...welcome notice :)
It would be cool if there is a $1000 Gift card for Circuit city and a $1000 Gift card for Home depot along with the welcome notice. The newly minted PR can expedite his decision to buy a home that has been pending for the lack of GC and spend the gift cards to accessorize it!
-n4nature
It would be cool if there is a $1000 Gift card for Circuit city and a $1000 Gift card for Home depot along with the welcome notice. The newly minted PR can expedite his decision to buy a home that has been pending for the lack of GC and spend the gift cards to accessorize it!
-n4nature
dresses ”Justin
dtekkedil
07-02 10:39 PM
I'm with you!
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man-woman-and-gc
09-15 11:43 AM
Hi GCSTATUS...can u please update your first post in this thread..the new people looking into this thread may not be able to go thru all the posts and will not know what's going on......
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akhilmahajan
04-08 12:12 PM
I did my landing this weekend.
Every thing went smooth both on US and Canadian side.
I was not asked any questions.
Just wanted to let everyone know.
Every thing went smooth both on US and Canadian side.
I was not asked any questions.
Just wanted to let everyone know.
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jayleno
08-18 01:54 PM
Though I will benifit if the OP's idea succeeds. I agree with eb3_nepa. We need to do something that will help everyone. Its not fair to seek relief to only some section of the community.
I am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?
If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.
In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.
I am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?
If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.
In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.
hiUS
09-05 09:48 AM
I actually spoke to Customer service and I got 2 very different responses.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
She was rude and did not even give me the chance to speak.
What she told is 'My case is approved and they are missing the Biometrics and I will be getting the mail to appear for the Biometrics'
...and She is not even giving me the chance to explain the scenario of uploading the Biometrics to TSC etc... (I have seen in the forums that for the numbers starting with WAC...Biometrics were uploaded to CSC and the TSC is unable to upload the Biometrics back to their system. And she told him that she will put a request to upload the Biometrics to TSC ASAP which may take 3 to 4 days)
When I tried to tell this, the answer I got is "I don't want to hear anything from you and you will be getting the Biometrics mail as we are missing"
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
She was rude and did not even give me the chance to speak.
What she told is 'My case is approved and they are missing the Biometrics and I will be getting the mail to appear for the Biometrics'
...and She is not even giving me the chance to explain the scenario of uploading the Biometrics to TSC etc... (I have seen in the forums that for the numbers starting with WAC...Biometrics were uploaded to CSC and the TSC is unable to upload the Biometrics back to their system. And she told him that she will put a request to upload the Biometrics to TSC ASAP which may take 3 to 4 days)
When I tried to tell this, the answer I got is "I don't want to hear anything from you and you will be getting the Biometrics mail as we are missing"
sushilup
08-19 12:19 PM
same for me tooo...
I also didn't apply AP..
Did you call TSC?
I am thinking to call them...they might request from NSC and this way those guys might pull my case out from black hole...
and approve I485...BIG IF ...if i m lucky...
Same situation here as well. June 26th was the date USCIS cashed my check, still no sign of any EAD..heck no LUD either except for an AP LUD, and I did not apply for AP renewal at all! Darn I need that EAD very soon...
I also didn't apply AP..
Did you call TSC?
I am thinking to call them...they might request from NSC and this way those guys might pull my case out from black hole...
and approve I485...BIG IF ...if i m lucky...
Same situation here as well. June 26th was the date USCIS cashed my check, still no sign of any EAD..heck no LUD either except for an AP LUD, and I did not apply for AP renewal at all! Darn I need that EAD very soon...
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