gsc999
07-07 09:52 PM
I hope Franklin is there. Please convey my personal feeling that I consider him (+ all non-indians) to be an integral part of IV.
Macaca,
Franklin is a her not him. She is our Northern California group coordinator. I will convey your message but I am pretty sure she might already have gotten it by reading it here on the forum
Macaca,
Franklin is a her not him. She is our Northern California group coordinator. I will convey your message but I am pretty sure she might already have gotten it by reading it here on the forum
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Can454545
05-10 08:13 PM
Its amazing how this community reacts to these set backs. For last few months I have been consistently seeing people with EB-3 complaining and pleading to the community to come together and join hands to eliminate the country cap. But most of the words fell of dumb ears. Most of the EB-2 members did read the pleads and requests, but did not bother to take and concrete actions or even comment on it.
Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.
The point is not to divide the community, but to emphasize on unity! Though we belong to different EB categories, we need to work together and realize the pain of the community as a whole instead of taking it individually.
Well my hopes are pretty low from this community, infact hopeless. But I did take the pain to create the dummy username to point this bigotry of some of our useless members, who are among us.
Please don't care for our betterment - we have and would manage without the help of you BS people.
HHHHHHHHHHHPPPPPPPPPPPPPPPPPP
Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.
The point is not to divide the community, but to emphasize on unity! Though we belong to different EB categories, we need to work together and realize the pain of the community as a whole instead of taking it individually.
Well my hopes are pretty low from this community, infact hopeless. But I did take the pain to create the dummy username to point this bigotry of some of our useless members, who are among us.
Please don't care for our betterment - we have and would manage without the help of you BS people.
HHHHHHHHHHHPPPPPPPPPPPPPPPPPP
eager_immi
03-09 07:58 AM
Listen, everyone is frustrated but to take your lives for a GC is crazy. If you guys are so depressed please seek medical help. If you have kids they will be US citizens they can sponsor you 18 years later so why are you that frustrated. When your wife is on H4 that is the best time to have kids because she is at home and you don't have to pay daycare. It is the woman in H1B that my sympathies are with bc they cannot go part-time or get more that 6 week maternity leave. So please buckle up or seek help, I don�t think your logic makes sense.
I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
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unitednations
03-08 08:20 PM
If many EB3-I folks are getting GCs then why is EB3-I PD stuck in 2001? Shouldn't it move?
There are still lots of cases in eb3 from back that far.
Many of the eb3 245i cases; there dependents were outside USA. Once; they got greencards; then their dependents went for consular processing or are going for consular processing.
One of the cases I worked on ability to pay; person had adopted her nephew so that he could get greencard as dependent. You couldn't even begin to imagine how many cases like this there are.
There are still lots of cases in eb3 from back that far.
Many of the eb3 245i cases; there dependents were outside USA. Once; they got greencards; then their dependents went for consular processing or are going for consular processing.
One of the cases I worked on ability to pay; person had adopted her nephew so that he could get greencard as dependent. You couldn't even begin to imagine how many cases like this there are.
more...
delhiguy
07-08 05:57 PM
It is not the U.S constitution or the constitutional law that is in question here. The lawsuit is being filed to simply determine if the laws were broken when this visa bulletin fiasco happened. If so, the courts will give relief. The laws of the U.S extends to everybody (citizens, GC holders and non-immigrants) alike.
It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).
But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.
After reading your example about the GC i am very positive now, about the lawsuit
It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).
But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.
After reading your example about the GC i am very positive now, about the lawsuit
simple1
05-04 07:38 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
more...
kannan
02-03 07:49 PM
Count me too. I am from NSC to CSC, my case is still in CA only.I don't know what is happening. I have opned 2 SR's also. I am a july 2 nd filer.
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svinjamur
07-03 05:12 PM
I got an email today from USCIS stating this
Current Status: Card production ordered.
I did not receive any other approval notice. I hope this means that our 485 is approved and the cards have been ordered ?
My PD Is May 2003
Current Status: Card production ordered.
I did not receive any other approval notice. I hope this means that our 485 is approved and the cards have been ordered ?
My PD Is May 2003
more...
gc_on_demand
08-28 07:55 AM
My H1b Extention got approved from Vermont center yesterday.
First 3 year extention filled on July 10th 2008 .
Approval notice sent Email : Aug 27th 2008.
GC Details : PD Jan 2008
I 140 Appoval date : July 31st 2008.
No RFE in h1b extention. One more exp at NJ DMV..
My NJ DL was expiring in Sep 2008 . My visa was expiring in Nov 2008. ( Stamp and I 797 ).
I went to NJ DMV and they renewd my DL till Nov + 90 days = Feb 2009.
it was smooth process and took 1 hour to get it renew.
First 3 year extention filled on July 10th 2008 .
Approval notice sent Email : Aug 27th 2008.
GC Details : PD Jan 2008
I 140 Appoval date : July 31st 2008.
No RFE in h1b extention. One more exp at NJ DMV..
My NJ DL was expiring in Sep 2008 . My visa was expiring in Nov 2008. ( Stamp and I 797 ).
I went to NJ DMV and they renewd my DL till Nov + 90 days = Feb 2009.
it was smooth process and took 1 hour to get it renew.
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akhilmahajan
02-09 11:24 AM
Hello Everyone,
Last year we ran a High Five Campaign and collected $4883 over a period of 4 months. It was a disappointment.
Now as we know the environment is very volatile and lot of things are going against LEGAL Immigrants i.e US (TARP Employer H-1B Restriction Bill (Sanders Bill)), i will like to request everyone to contribute as much as they can. I will like you to contribute a minimum of $20 dollars.
ALL you need to do is write out a $20 cheque and send it to IV on the address listed.
The address to mail the checks to is:
Immigration Voice
3561 Homestead Road #375
Santa Clara, CA 95051-5161
This address can also be found at: http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
Please make sure you send in a cheque ONLY or do a bill pay so that no paypal/google checkout fees apply and all of the $20 ACTUALLY goes to IV.
Folks, we are facing historical hard times. Lets make a small donation to keep IV fighting for our cause. IV appreciates Monthly Subscriptions and that is the best thing to do. But these small campaigns/donations will also help IV. I hope you all agree with me and will support the effort.
GO IV GO. TOGETHER WE CAN.
Folks who have contributed so far:-
AkhilMahajan, GCCovet, hrushi_j, Snathan, Mightykandy, MHKumar, sanjay, mmanurker, ita, kate123, chantu, rvurady14, jelo, WaitingForMyGC, pachaik, vineet, Rajeev, coolpal, pcs, nousername
Last year we ran a High Five Campaign and collected $4883 over a period of 4 months. It was a disappointment.
Now as we know the environment is very volatile and lot of things are going against LEGAL Immigrants i.e US (TARP Employer H-1B Restriction Bill (Sanders Bill)), i will like to request everyone to contribute as much as they can. I will like you to contribute a minimum of $20 dollars.
ALL you need to do is write out a $20 cheque and send it to IV on the address listed.
The address to mail the checks to is:
Immigration Voice
3561 Homestead Road #375
Santa Clara, CA 95051-5161
This address can also be found at: http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
Please make sure you send in a cheque ONLY or do a bill pay so that no paypal/google checkout fees apply and all of the $20 ACTUALLY goes to IV.
Folks, we are facing historical hard times. Lets make a small donation to keep IV fighting for our cause. IV appreciates Monthly Subscriptions and that is the best thing to do. But these small campaigns/donations will also help IV. I hope you all agree with me and will support the effort.
GO IV GO. TOGETHER WE CAN.
Folks who have contributed so far:-
AkhilMahajan, GCCovet, hrushi_j, Snathan, Mightykandy, MHKumar, sanjay, mmanurker, ita, kate123, chantu, rvurady14, jelo, WaitingForMyGC, pachaik, vineet, Rajeev, coolpal, pcs, nousername
more...
Prashant
07-07 11:24 PM
ONLY TEAM EFFORT CAN BRING US JUSTICE..
Majority of us would just like to make a point but do nothing about it.
If dtekkedil wouldnt have pushed the way he had .. gandhigiri would have been buried by now.
Krishnam70 thanx for letting the ball roll...
IV core, I can't thank you much for all the selfless effort u guys put in.
Thank you
Majority of us would just like to make a point but do nothing about it.
If dtekkedil wouldnt have pushed the way he had .. gandhigiri would have been buried by now.
Krishnam70 thanx for letting the ball roll...
IV core, I can't thank you much for all the selfless effort u guys put in.
Thank you
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pappu
02-25 12:42 PM
Over the past 4 years, I have contributed to IV several times. I was also a monthly subscriber of $20 for over a year until my credit card expired and the payments stopped.
What pains me is that inspite of several requests, i have not been granted access to donor forms. Perhaps there is a waiting list for donor access or my priority date is not current for the same.:confused:
I will try my best to make it to DC events, but please accept my small contribution in case i am unable to make the trip.
Transaction ID # 44Y412702G964994U date 2/25/2011 $25. monthly contribution for 6 months.
Thanks for your contributions. We checked our records and did not receive any such request from you. Your past recurring contributions were in 2007 and 2008 when we did not have any donor forums. The phone number in your profile is incorrect. Could you please update your profile for us to reach out to you.
What pains me is that inspite of several requests, i have not been granted access to donor forms. Perhaps there is a waiting list for donor access or my priority date is not current for the same.:confused:
I will try my best to make it to DC events, but please accept my small contribution in case i am unable to make the trip.
Transaction ID # 44Y412702G964994U date 2/25/2011 $25. monthly contribution for 6 months.
Thanks for your contributions. We checked our records and did not receive any such request from you. Your past recurring contributions were in 2007 and 2008 when we did not have any donor forums. The phone number in your profile is incorrect. Could you please update your profile for us to reach out to you.
more...
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deepimpact
09-23 04:44 PM
If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
That's the way the rule is set and it doesn't matter if it makes 100% sense or not. Just like not all EB3 folks are happy with change in spillover, all in EB2 may not be happy with the way Porting rule is set up. But at the end of the day the total no. of visas available is the same, whatever way it is distributed and unless legislative change is made, both EB2 and EB3-I will remain retrogressed anywhere between 5-15 yrs.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
That's the way the rule is set and it doesn't matter if it makes 100% sense or not. Just like not all EB3 folks are happy with change in spillover, all in EB2 may not be happy with the way Porting rule is set up. But at the end of the day the total no. of visas available is the same, whatever way it is distributed and unless legislative change is made, both EB2 and EB3-I will remain retrogressed anywhere between 5-15 yrs.
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caliducas
09-17 09:57 PM
My attorney got the receipt notices in the mail today. See my signature below.
more...
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csvinay
10-27 05:34 PM
Ok. My bad. I was using lame duck as an example. I'm not hoping anything on the lame duck session.
My question is/was, how long it takes for a bill(passed) to be effective. Is there a timeline within which President has to sign it? Once he signs it how long does it take become effective?
PS: I was guessing, I'm not sure of the 90 days time period.
My question is/was, how long it takes for a bill(passed) to be effective. Is there a timeline within which President has to sign it? Once he signs it how long does it take become effective?
PS: I was guessing, I'm not sure of the 90 days time period.
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thescadaman
11-17 04:17 PM
done - Thanks!
more...
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hiUS
09-08 02:09 PM
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.
As you said, please post your experience with Infopass tomorrow. It will be helpful.
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.
As you said, please post your experience with Infopass tomorrow. It will be helpful.
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lazycis
10-11 03:16 PM
What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
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hindu_king
05-08 02:28 PM
The EB-2 category for Indian nationals has retrogressed four years and will be set at January 1, 2000 for applications received beginning June 1st. If you are from China, the backlog is five years less - February 15, 2005. And if you are from any other country in the world, there is no wait at all. I am really appalled that Congress allows such an unjust distribution methodology to remain the law. No country is permitted to claim more than 7% of the numbers in a green card category. That means tiny countries like Andorra and Botswana get the same...
More... (http://blogs.ilw.com/gregsiskind/2009/05/june-visa-bulletin-reveals-terrible-news-for-eb2-indians.html)
I think we should protest in front of capitol with placards reading "End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race". We should set up a tent and do a huger strike.
More... (http://blogs.ilw.com/gregsiskind/2009/05/june-visa-bulletin-reveals-terrible-news-for-eb2-indians.html)
I think we should protest in front of capitol with placards reading "End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race". We should set up a tent and do a huger strike.
reddymjm
06-12 07:49 PM
Anybody who filed after 06/04/2007, got receipt#
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
I know atleast 5 friends whose applications reached NSC on 06/04/2007. No updates yet. I am very +ve they will soon as they are even working weekends....
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
I know atleast 5 friends whose applications reached NSC on 06/04/2007. No updates yet. I am very +ve they will soon as they are even working weekends....
ramaonline
02-17 01:42 AM
Payment details
Amount: $100.00 USD
Transaction Date: February 16, 2011
Transaction ID: 7YD41249H74200541
Amount: $100.00 USD
Transaction Date: February 16, 2011
Transaction ID: 7YD41249H74200541
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