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giddu
06-26 12:16 PM
Multiple 485 and EAD filing
--------------------------------------------------------------------------------
Hi,
My wife and I both got our LC approved. She filed I-140 and I-485 concurrently for both of us in Nov.2006 (Nebraska Center), based on her LC. Then I filed I-140 and I-485 concurrently for both of us again in Jan,2007 (Texas Center), based on my LC.
The EADs she applied got aproved pretty quickly. Several days ago, my EAD applications got denied. The denial reason is, we already have approved EAD.
Originally our plan is: My wife will switch to a Finance related job soon (her LC is based on Software job), I will wait for GC. (The reason we still filed for multiple 485 and EAD is that we want to postpone the decision on who should wait for GC). Now I'm totally confused on whether she can use the EAD, and whether I can renew the approved EAD (because they are based on her application).
Any inputs or clarifications will be greatly appreciated.
tkiller
--------------------------------------------------------------------------------
Hi,
My wife and I both got our LC approved. She filed I-140 and I-485 concurrently for both of us in Nov.2006 (Nebraska Center), based on her LC. Then I filed I-140 and I-485 concurrently for both of us again in Jan,2007 (Texas Center), based on my LC.
The EADs she applied got aproved pretty quickly. Several days ago, my EAD applications got denied. The denial reason is, we already have approved EAD.
Originally our plan is: My wife will switch to a Finance related job soon (her LC is based on Software job), I will wait for GC. (The reason we still filed for multiple 485 and EAD is that we want to postpone the decision on who should wait for GC). Now I'm totally confused on whether she can use the EAD, and whether I can renew the approved EAD (because they are based on her application).
Any inputs or clarifications will be greatly appreciated.
tkiller
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pappu
01-05 11:12 AM
Why are we not on Facebook? Or are we there??
Ok We have a group called 'Immigration Voice' on Facebook now started by IV core.
Could you now help us increase the publicity of IV on facebook among your friends so that we get more participation on IV site
Ok We have a group called 'Immigration Voice' on Facebook now started by IV core.
Could you now help us increase the publicity of IV on facebook among your friends so that we get more participation on IV site
abuddyz
01-05 06:31 PM
Appt. date: Dec 20th, 2007
Received the PP by express mail on Dec 21st, 2007
Mumbai Consulate did not interview husband and myself. An Indian gentleman called us to the counter and told us that the VO had approved our H1B renewals and that we would receive the PP by courier the following day.
This is really good news.. Can you please provide more details of your case?
- was it first H1/H4 stamping or renewal?
- do you have I140/I-485 application filed?
- did your employer do anything to inform the US consulate in advance about visa stamping?
thanks in advance,
Received the PP by express mail on Dec 21st, 2007
Mumbai Consulate did not interview husband and myself. An Indian gentleman called us to the counter and told us that the VO had approved our H1B renewals and that we would receive the PP by courier the following day.
This is really good news.. Can you please provide more details of your case?
- was it first H1/H4 stamping or renewal?
- do you have I140/I-485 application filed?
- did your employer do anything to inform the US consulate in advance about visa stamping?
thanks in advance,
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malaGCPahije
08-07 04:12 PM
The point was about abusing the system to get ahead in the line. In that way labor sub shares similarity with PD porting. If a person who landed yesterday fits the job profile and the law allowed it , then what's wrong.
On the other hand if those labor are sold for a price then it is serious problem. And thats why Lab Sub was eleminated. Now thats what is going to happen (and happening) in PD porting case.
any action should be against the so called "paid PD porting" cases. But why harm a honest EB3 person switching companies to go up the ladder? If he is getting the benefit of the rule, what is wrong? As long he it is done by the law, I do not see any problem.
Tomorrow, if you get a position that justifies EB1 category for you, would you not move to that category? Nothing wrong in that either.
I endorse Pappu's comments. Wrong doers can be punished. But people benefiting by a certain rule should not be.
On the other hand if those labor are sold for a price then it is serious problem. And thats why Lab Sub was eleminated. Now thats what is going to happen (and happening) in PD porting case.
any action should be against the so called "paid PD porting" cases. But why harm a honest EB3 person switching companies to go up the ladder? If he is getting the benefit of the rule, what is wrong? As long he it is done by the law, I do not see any problem.
Tomorrow, if you get a position that justifies EB1 category for you, would you not move to that category? Nothing wrong in that either.
I endorse Pappu's comments. Wrong doers can be punished. But people benefiting by a certain rule should not be.
more...
ashokK
09-20 11:28 AM
All thanks goes to sanjayb who is maintaining the list. Please post info in following forum. He will add in list.
http://immigrationvoice.org/forum/showthread.php?t=5935&page=295
Also send fax/email to congressmen/senator/Assit Chief of USCIS. I did my part.
CAdude, I did post in the the thread you gave me...Thanks
http://immigrationvoice.org/forum/showthread.php?t=5935&page=295
Also send fax/email to congressmen/senator/Assit Chief of USCIS. I did my part.
CAdude, I did post in the the thread you gave me...Thanks
seekerofpeace
10-01 10:41 PM
Don't know what more drama has USCIS has up its sleeves.
You better contact your congressman and senator and get it sorted out....
It is absolutely nonsense that you are approved and then not...same can be true for many of us.....attach a copy of the visa bulletin in your mail....IO can;t just say visas retrogressed they need to show the proper paperwork ...
SoP
You better contact your congressman and senator and get it sorted out....
It is absolutely nonsense that you are approved and then not...same can be true for many of us.....attach a copy of the visa bulletin in your mail....IO can;t just say visas retrogressed they need to show the proper paperwork ...
SoP
more...
test101
07-09 06:52 PM
What you guys are talking about ... Walter reed is the best place for the flowers to go, with all what is going on in there ... the media will eat this news . DO not Cancel whatever you Do do not cancel instead call the media and let them know........... This is even better.
Can we do a blood drive next as protest! seriously. Donate blood as protest and for media attention.
Can we do a blood drive next as protest! seriously. Donate blood as protest and for media attention.
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CADude
10-02 03:58 PM
This is post responsible to monitor USCIS actions. :)
who is cisombudsman.trends@dhs.gov? Is this a name of some person or some department name?
who is cisombudsman.trends@dhs.gov? Is this a name of some person or some department name?
more...
sony9
10-02 08:45 PM
Hi,
just for information i am mentioning here. for this only i registered newly.
one of our friend got GC approval today. both wife and husband got. priority date is 2003 august eb2. mine is 2005 ending eb3. we can consider that as 2006 starting eb3. but when we get dont know. really frustating thing this like many especially who are in eb3. praying for changing the rules to be good for all.
God is with all of us. we too will get soon that good news.
Thank you.
just for information i am mentioning here. for this only i registered newly.
one of our friend got GC approval today. both wife and husband got. priority date is 2003 august eb2. mine is 2005 ending eb3. we can consider that as 2006 starting eb3. but when we get dont know. really frustating thing this like many especially who are in eb3. praying for changing the rules to be good for all.
God is with all of us. we too will get soon that good news.
Thank you.
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thakurrajiv
11-25 04:07 PM
People like you and boreal are doing much better because you decided that a 2 bed room house for rent is what you can afford because the prices shot up by guys like punjabi who wanted to make money and overbid on an house they cannot afford. Otherwise guys like you and many others would have bought house at a resonable price.
Don't you see what is happening? They live a rich man's life buying house that they cannot afford and then they foreclose with banks taking the hit. The banks in turn gets money from Governement, which they tax on people like you and many others who are renting, so that the guys like pubjabi are entitled to big house and bailouts. This is sick. Where is my bail out money. I want my rent to be subsidized too. I think boreal 's anger is real.
As I said I am against bailout. As none of these people/organizations should be bailed out. On this issues I resonate with you and boreal.
But if I am in situation like Punjabi I will think in similar way. I think he has got enough suggestions for him. He needs to decide whether 20k is worth foreclosing.
On living rich, I prefer living decent in long run than living rich for a few days and then suffering later ..
Don't you see what is happening? They live a rich man's life buying house that they cannot afford and then they foreclose with banks taking the hit. The banks in turn gets money from Governement, which they tax on people like you and many others who are renting, so that the guys like pubjabi are entitled to big house and bailouts. This is sick. Where is my bail out money. I want my rent to be subsidized too. I think boreal 's anger is real.
As I said I am against bailout. As none of these people/organizations should be bailed out. On this issues I resonate with you and boreal.
But if I am in situation like Punjabi I will think in similar way. I think he has got enough suggestions for him. He needs to decide whether 20k is worth foreclosing.
On living rich, I prefer living decent in long run than living rich for a few days and then suffering later ..
more...
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krishnam70
07-10 06:19 PM
Just released on Reuters
Indian green card seekers in flowery U.S. protest by Paul Eckert Asia Correspondent
http://in.today.reuters.com/news/newsArticle.aspx?type=topNews&storyID=2007-07-11T035044Z_01_NOOTR_RTRMDNC_0_India-284101-1.xml
we need to correct this reporter and ask him to edit the report , there are members and others from many nationalities who contributed to this flower campaign and not only indians
Indian green card seekers in flowery U.S. protest by Paul Eckert Asia Correspondent
http://in.today.reuters.com/news/newsArticle.aspx?type=topNews&storyID=2007-07-11T035044Z_01_NOOTR_RTRMDNC_0_India-284101-1.xml
we need to correct this reporter and ask him to edit the report , there are members and others from many nationalities who contributed to this flower campaign and not only indians
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saileshdude
08-13 10:56 AM
Should not be an issue. I spoke recently to one of the attorneys and they mentioned that H-1B transfer should not be an issue. As long as you have a job offer in similar classification it should be fine. Regarding the AC21 they suggested that if dates are current then a good approach is to wait for filing AC21 and see if you get the GC. If you don't and dates retrogress then file it later. But filing immediately also wouldn't hurt.
My I-485 case is current right now. If I change my employer(whoever sponsored Green Card) to a new employer, what are the concequences? I want to do H1B transfer because I am not using EAD right now, should I file AC21 or not?
Priority Date: Dec/15/2005
Service Center: NSC
My I-485 case is current right now. If I change my employer(whoever sponsored Green Card) to a new employer, what are the concequences? I want to do H1B transfer because I am not using EAD right now, should I file AC21 or not?
Priority Date: Dec/15/2005
Service Center: NSC
more...
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Macaca
10-28 09:41 PM
Lou Dobbs Makes Spitzer Nightly Pinata (http://www.washingtonpost.com/wp-dyn/content/article/2007/10/28/AR2007102800694.html) By LARRY McSHANE | The Associated Press, October 28, 2007
NEW YORK -- Lou Dobbs is sorry about calling Gov. Eliot Spitzer an idiot.
Sincerely. As for ripping the New York Democrat as arrogant, spineless and "a spoiled rich kid brat," the host of CNN's "Lou Dobbs Tonight" stands by those nationally broadcast broadsides.
Absolutely.
Dobbs has made Spitzer an almost daily target over his recent plan to ease restrictions on illegal immigrants seeking New York state driver's licenses, mixing vitriol with sarcasm while endlessly lambasting the governor's decision.
The lifelong Republican has taken on politicians of every stripe, as when he blasted the Bush administration over port security. But his nightly diatribe against Spitzer is notable for its intensity, and for elevating a state proposal onto the national stage.
"What he's doing is an outrageous, arrogant abuse of power," Dobbs said in an interview before a recent show. "He's pandering to a constituency aligned directly against the interests of U.S. and New York state citizens."
Dobbs's ire boiled over Tuesday night when he ripped Spitzer as an idiot _ and then offered an on-air mea culpa.
"I'm the idiot," Dobbs said. "Governor, I apologize for calling you one. Your policies are idiotic. But I have to apologize for calling you an idiot."
Dobbs shouldn't hold his breath waiting for a bouquet of roses (the state flower) and a thank-you note from Spitzer.
"Mr. Dobbs has clearly demonstrated that he is not interested in a real debate on New York's driver's license policy change," said Jennifer Givner, a Spitzer spokeswoman. "He has repeatedly refused to offer balanced coverage of the issue."
Dobbs has turned the first-term governor into a verbal pinata over his September announcement that illegal immigrants with valid foreign passports could obtain a driver's license.
Spitzer has said the plan, set to go into effect this December, would make New York safer by bringing its 1 million illegal immigrants "out of the shadows."
On Saturday, Spitzer cut a deal with the Bush administration that would still allow the state to issue licenses to illegal immigrants _ although the agreement required that their licenses would be clearly marked to indicate they are not valid federal ID.
While advocates on either side of the flap said Spitzer had backed down, Homeland Security Secretary Michael Chertoff was still upset by the state's decision to license illegals.
The Spitzer decision reversed a 2002 order by former Gov. George Pataki issued after the 9/11 attacks, and placed Spitzer directly in Dobbs' cable crosshairs. But Dobbs, while perhaps the highest-profile critics of the plan, is not alone: a state poll showed 72 percent of New Yorkers opposed Spitzer on this issue, and New York Mayor Michael Bloomberg has also expressed skepticism.
Spitzer, in a speech last week, noted that "despite the hysteria this policy has created in some circles, it is simply a return to the policy we had for most of our state's history."
Dobbs is hardly swayed by the history lesson, complaining the relaxed license requirement could produce voter fraud and raise security issues. Spitzer has ignored repeated invitations to appear on the program, Dobbs said; the show has turned down guests supporting Spitzer, including former national counterterrorism adviser Richard A. Clarke, according to Givner.
Dobbs, who has made immigration one of his show's centerpiece issues, was criticized this week in a New York Times editorial for his Spitzer bashing.
"Mr. Dobbs has trained his biggest guns on Mr. Spitzer, branding him with puerile epithets like `spoiled rich-kid brat' and depicting his policy as some sort of sanctuary program for the 9/11 hijackers," the Times wrote. "Someday there may be a calm debate, in Albany and nationally, about immigrant drivers.
"With Mr. Dobbs at the megaphone, for now there is only histrionics and outrage."
Dobbs isn't expecting any apology from the Times. And he has few kind words for the newspaper.
"The New York Times is the house organ for Gov. Spitzer," Dobbs said. "They're wrong on this issue, as they are on many others."
Dobbs draws a nightly audience of roughly 800,000, making him second in CNN viewers to Larry King's nightly program. He has no intention of lightening up on Spitzer.
"Why should I?" Dobbs asked. "He's wrong. This issue is of vital importance to the state of New York and the nation. My job as an advocacy journalist is to confront directly abuses of power and wrongheaded politics."
And sure enough, 24 hours after his "idiot" apology, Dobbs was again taking shots at Spitzer.
"This governor is irresponsible," Dobbs told his audience. "It's clear arrogance. ... He has declared himself to be what people hoped he would not be _ and that is an arrogant tool of special interests."
NEW YORK -- Lou Dobbs is sorry about calling Gov. Eliot Spitzer an idiot.
Sincerely. As for ripping the New York Democrat as arrogant, spineless and "a spoiled rich kid brat," the host of CNN's "Lou Dobbs Tonight" stands by those nationally broadcast broadsides.
Absolutely.
Dobbs has made Spitzer an almost daily target over his recent plan to ease restrictions on illegal immigrants seeking New York state driver's licenses, mixing vitriol with sarcasm while endlessly lambasting the governor's decision.
The lifelong Republican has taken on politicians of every stripe, as when he blasted the Bush administration over port security. But his nightly diatribe against Spitzer is notable for its intensity, and for elevating a state proposal onto the national stage.
"What he's doing is an outrageous, arrogant abuse of power," Dobbs said in an interview before a recent show. "He's pandering to a constituency aligned directly against the interests of U.S. and New York state citizens."
Dobbs's ire boiled over Tuesday night when he ripped Spitzer as an idiot _ and then offered an on-air mea culpa.
"I'm the idiot," Dobbs said. "Governor, I apologize for calling you one. Your policies are idiotic. But I have to apologize for calling you an idiot."
Dobbs shouldn't hold his breath waiting for a bouquet of roses (the state flower) and a thank-you note from Spitzer.
"Mr. Dobbs has clearly demonstrated that he is not interested in a real debate on New York's driver's license policy change," said Jennifer Givner, a Spitzer spokeswoman. "He has repeatedly refused to offer balanced coverage of the issue."
Dobbs has turned the first-term governor into a verbal pinata over his September announcement that illegal immigrants with valid foreign passports could obtain a driver's license.
Spitzer has said the plan, set to go into effect this December, would make New York safer by bringing its 1 million illegal immigrants "out of the shadows."
On Saturday, Spitzer cut a deal with the Bush administration that would still allow the state to issue licenses to illegal immigrants _ although the agreement required that their licenses would be clearly marked to indicate they are not valid federal ID.
While advocates on either side of the flap said Spitzer had backed down, Homeland Security Secretary Michael Chertoff was still upset by the state's decision to license illegals.
The Spitzer decision reversed a 2002 order by former Gov. George Pataki issued after the 9/11 attacks, and placed Spitzer directly in Dobbs' cable crosshairs. But Dobbs, while perhaps the highest-profile critics of the plan, is not alone: a state poll showed 72 percent of New Yorkers opposed Spitzer on this issue, and New York Mayor Michael Bloomberg has also expressed skepticism.
Spitzer, in a speech last week, noted that "despite the hysteria this policy has created in some circles, it is simply a return to the policy we had for most of our state's history."
Dobbs is hardly swayed by the history lesson, complaining the relaxed license requirement could produce voter fraud and raise security issues. Spitzer has ignored repeated invitations to appear on the program, Dobbs said; the show has turned down guests supporting Spitzer, including former national counterterrorism adviser Richard A. Clarke, according to Givner.
Dobbs, who has made immigration one of his show's centerpiece issues, was criticized this week in a New York Times editorial for his Spitzer bashing.
"Mr. Dobbs has trained his biggest guns on Mr. Spitzer, branding him with puerile epithets like `spoiled rich-kid brat' and depicting his policy as some sort of sanctuary program for the 9/11 hijackers," the Times wrote. "Someday there may be a calm debate, in Albany and nationally, about immigrant drivers.
"With Mr. Dobbs at the megaphone, for now there is only histrionics and outrage."
Dobbs isn't expecting any apology from the Times. And he has few kind words for the newspaper.
"The New York Times is the house organ for Gov. Spitzer," Dobbs said. "They're wrong on this issue, as they are on many others."
Dobbs draws a nightly audience of roughly 800,000, making him second in CNN viewers to Larry King's nightly program. He has no intention of lightening up on Spitzer.
"Why should I?" Dobbs asked. "He's wrong. This issue is of vital importance to the state of New York and the nation. My job as an advocacy journalist is to confront directly abuses of power and wrongheaded politics."
And sure enough, 24 hours after his "idiot" apology, Dobbs was again taking shots at Spitzer.
"This governor is irresponsible," Dobbs told his audience. "It's clear arrogance. ... He has declared himself to be what people hoped he would not be _ and that is an arrogant tool of special interests."
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rockstart
04-27 09:09 AM
I agree I too have never seen H1B only ad's anywhere even body shoppers never post this kind of ad which is blatant discrimination. I guess the best way to say H1B only is to post ultra low wages (something close to state minimum's) that way only H1B show interest. SO the best way to tackle it is by either raising state minimum wages to make it fair playing field for all or auditing present companies to check for misuse of H1B with folks on bench, non pay, false documentation etc.
I am in the US for 7 years now, and frankly, I am yet to see a H1B ONLY job posting...
Hmm... me thinks, I was hibernating in the h1b golden years :(
pal :)
I am in the US for 7 years now, and frankly, I am yet to see a H1B ONLY job posting...
Hmm... me thinks, I was hibernating in the h1b golden years :(
pal :)
more...
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jsb
09-20 04:38 PM
Called them, the lady said there is a huge backlog. my entry does not show in database also..bummer
If they say that they have July 2 backlongs, what do those weekly bulletins, which indicate otherwise, mean?
If they say that they have July 2 backlongs, what do those weekly bulletins, which indicate otherwise, mean?
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funny
09-15 04:20 PM
having efax will increase the participation for sure..
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eb3retro
02-24 03:41 PM
Thanks for pointing that out. Yes it is all there :-)
but, no mention of able to file 485 without priority dates though.
but, no mention of able to file 485 without priority dates though.
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logiclife
06-18 12:03 PM
W2's/tax returns are not part of the initial evidence USCIS requires to process your application but they may ask for it later if required
A lot of lawyers try to preempt a possible RFE by including "AS MUCH AS POSSIBLE" documentation. 3 years of tax returns prove nothing more than what 1 year of tax return would prove.
Also, having a tax return of 2004 doesnt prove that you were in status at all times during 2004. Tax return shows total income that includes salary, bonus, deductions etc, and even Einstein cant figure out the immigration status in 2004 and whether the candidate was in good status at all times just by looking at the tax return.
Some lawyers send many years' tax returns, thinking that it might pre-empt the RFEs. Some lawyers send only whats neccesary. I've heard that one of the lawyers in New York doesnt even send employer's letter. That means, basically nothing from the employer. And he too gets cases approved.
Overloading the USCIS with a heavy file, sending a ton of things in addition to what they expect, may be a good strategy if you believe that it might thwart a RFE (and the delay caused by RFE). However, sending too thick a bunch, would also make your case look like a "difficult" case. (my belief, I dont know but just common sense would indicate that thicker bigger files are complicated cases if you give it a first look). And what that means is that it will get delayed because the CIS ombudsman report has documented that officers tend to work easy cases first (get the low hanging fruit first) and beef up their performance statistics by doing more cases in less time. Therefore, the complicated bigger cases that should be work on first, instead get worked on last.
So think a little before sending USCIS 20 pounds of paperwork. More paperwork and overwhelming USCIS with documentation may not mean faster RFE-free processing. (Again, my belief - something to ponder about. But do what you think is right and what your lawyer tells you. I am not a lawyer).
A lot of lawyers try to preempt a possible RFE by including "AS MUCH AS POSSIBLE" documentation. 3 years of tax returns prove nothing more than what 1 year of tax return would prove.
Also, having a tax return of 2004 doesnt prove that you were in status at all times during 2004. Tax return shows total income that includes salary, bonus, deductions etc, and even Einstein cant figure out the immigration status in 2004 and whether the candidate was in good status at all times just by looking at the tax return.
Some lawyers send many years' tax returns, thinking that it might pre-empt the RFEs. Some lawyers send only whats neccesary. I've heard that one of the lawyers in New York doesnt even send employer's letter. That means, basically nothing from the employer. And he too gets cases approved.
Overloading the USCIS with a heavy file, sending a ton of things in addition to what they expect, may be a good strategy if you believe that it might thwart a RFE (and the delay caused by RFE). However, sending too thick a bunch, would also make your case look like a "difficult" case. (my belief, I dont know but just common sense would indicate that thicker bigger files are complicated cases if you give it a first look). And what that means is that it will get delayed because the CIS ombudsman report has documented that officers tend to work easy cases first (get the low hanging fruit first) and beef up their performance statistics by doing more cases in less time. Therefore, the complicated bigger cases that should be work on first, instead get worked on last.
So think a little before sending USCIS 20 pounds of paperwork. More paperwork and overwhelming USCIS with documentation may not mean faster RFE-free processing. (Again, my belief - something to ponder about. But do what you think is right and what your lawyer tells you. I am not a lawyer).
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mrsr
06-27 10:51 PM
PO box varies with type of application you are sending
amsgc
06-21 09:20 PM
In filing for I-485 no one has mentioned copy of I-140 or copy of Labor cert.
My question is how does USCIS tally an AOS application to an already approved I-140 or labor certifcation and find out the PD for the application?
If you read the instructions, it states clearly that you need to proivde a copy of your approved immigrant petition.
My question is how does USCIS tally an AOS application to an already approved I-140 or labor certifcation and find out the PD for the application?
If you read the instructions, it states clearly that you need to proivde a copy of your approved immigrant petition.
gtg506p
01-08 02:24 PM
I will participate in this wholeheartedly. One suggestion to the admin: perhaps we can post this in other websites also like ? I know a lot of people use that site for posting problems etc and whoever is not in IV might also get to know about it.
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