AMITAT007
10-03 03:08 AM
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.
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.
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rajuram
01-25 01:26 AM
For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
How about we start writing letters to the WhiteHouse/President on
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
for administrative fixes ?
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
How about we start writing letters to the WhiteHouse/President on
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
for administrative fixes ?
waitingmygc
04-09 06:00 PM
In this visa bulletin there is reasonable movement in family category. So, its not fair to conclude USCIS is not working.
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yabadaba
02-20 03:08 PM
googler u r the new berkeleybee!!
can u call him in a few weeks and ask him what was the number of eb2 india pre-dec 2003 that he got from uscis?
can u call him in a few weeks and ask him what was the number of eb2 india pre-dec 2003 that he got from uscis?
more...
pappu
08-03 08:56 AM
Can we send e-mail to Lou Dobbs of CNN about SKIL BILL May be some time he will pickup this topic in his news----Just thaught...
you can go ahead and send
http://www.cnn.com/feedback/forms/form5.html?9
you can go ahead and send
http://www.cnn.com/feedback/forms/form5.html?9
singhsa3
03-04 09:44 AM
My letter to realtor.org
****************************
Dear Sir/Madam,
We don’t claim that my proposition here will make the housing crisis go away but what I am proposing is to let us think out of box and help each other.
We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
• Average age: 30-35 years
• Average years of stay in the USA (all legally): 7 years
• Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
• Average Salary: $75K+
• Average net worth: 100K-400K (mostly liquid)
• Average occupations: Information technology, Doctors and Financial Analysts
• Average education level: At least undergraduate
• Average credit history: Excellent
Note: If needed, we can cite the source of the information, which is from the government itself.
As mentioned earlier, we are in the final stage of our green card process and at this stage there are very few rejections (<1%). It means that we would eventually get our green cards but it may take several years. Please note that the final stage (called I-485 stage) is the stage, where the applicant has already been found eligible for immigrant visas (aka green cards). Since government can issue only limited number of such visas in a year, the wait becomes long. Please also note that after applying for I-485, people can get their EAD enabling them to work for any employer. The EAD has to be renewed every year and most of us have their EADs
Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.
Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.
We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated. Please let know if you are interested discussing the matter further and how we can help each other.
We are conducting a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/sh...ad.php?t=17660
Yours truly,
Sanjeev Singh
****************************
Dear Sir/Madam,
We don’t claim that my proposition here will make the housing crisis go away but what I am proposing is to let us think out of box and help each other.
We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
• Average age: 30-35 years
• Average years of stay in the USA (all legally): 7 years
• Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
• Average Salary: $75K+
• Average net worth: 100K-400K (mostly liquid)
• Average occupations: Information technology, Doctors and Financial Analysts
• Average education level: At least undergraduate
• Average credit history: Excellent
Note: If needed, we can cite the source of the information, which is from the government itself.
As mentioned earlier, we are in the final stage of our green card process and at this stage there are very few rejections (<1%). It means that we would eventually get our green cards but it may take several years. Please note that the final stage (called I-485 stage) is the stage, where the applicant has already been found eligible for immigrant visas (aka green cards). Since government can issue only limited number of such visas in a year, the wait becomes long. Please also note that after applying for I-485, people can get their EAD enabling them to work for any employer. The EAD has to be renewed every year and most of us have their EADs
Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.
Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.
We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated. Please let know if you are interested discussing the matter further and how we can help each other.
We are conducting a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/sh...ad.php?t=17660
Yours truly,
Sanjeev Singh
more...
gkdgopi
07-18 09:43 PM
I don't think any July 2 cases are rejected,
They are still processing June end filers and would not have reached July 2nd cases even today, My understanding is that even in case of rejection, they enter the name in the system for tracking purposes.
Also when i called them on July 3rd they said all application received from July 2nd are on hold.
So don't worry guys!! :)
my 2 cents
They are still processing June end filers and would not have reached July 2nd cases even today, My understanding is that even in case of rejection, they enter the name in the system for tracking purposes.
Also when i called them on July 3rd they said all application received from July 2nd are on hold.
So don't worry guys!! :)
my 2 cents
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greyhair
06-10 02:06 PM
There is no point in arguing with each other just to see this bill in a manner to exclude each one of us. EAD is work authorization even when it is not a visa. The intent of the bill will matter. The clear intent is to not allow hiring of non-citizens by companies engaged in mass layoff, which could include EADs. What's the point of arguing if someone gets an RFE for employment letter? It's not relevant.
What should/can we all do to prevent this from passing? What does IV core want us to do?
What should/can we all do to prevent this from passing? What does IV core want us to do?
more...
Becks
07-12 02:39 PM
I guess if you are assigned a visa number, they may put your case as pending new 140 approval. Ammendment may not take much time. So keep fingers crossed. Good Luck.
Guru, please help, my 140 is approved with my original employer who got acquired by a big fish. The Big Fish filed for a new 140 (they called it amendment I guess) and that is still pending. My priority date is Sep'05 EB2. Would I qualify to be lucky in the lottery game with this movement? Please help.
Guru, please help, my 140 is approved with my original employer who got acquired by a big fish. The Big Fish filed for a new 140 (they called it amendment I guess) and that is still pending. My priority date is Sep'05 EB2. Would I qualify to be lucky in the lottery game with this movement? Please help.
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lazycis
12-21 10:03 PM
lazycis,
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
more...
GCplease
03-04 09:26 AM
I am with Singhsa on this.
Recapture of un-used visas alone can make a huge difference.
Recapture of the unused visas which amounts to 160,000 and the yearly quota of Employment based visas for 2008 will add up to 300,000 visas which would approximately mean 150,000 families getting a Green Card.
Once people get a Green card, they�ll feel secure about their future and start thinking about buying a home and settle down. 10% of this may already have a home. 40% may not have the intention of buying a home due to various reasons. If the remaining 50% decide to buy a home after they get a green card, that amounts to 75,000 homes being taken off the real estate market.
This will not completely remove the housing crisis, but it will definitely ease it a little bit.
Legal immigrants have a very good credit score and the Lenders will be more than happy to offer them loans. At an average home value of $ 200,000, this will amount to Fifteen Billion Dollars which will work along with the President's Economic Stimulus Plan in bringing the nation out of Recession.
My assumptions are very conservative here. Even thought the average price for a home in US is around 200k, most of our guys live in costly places where houses will average around 300k.
We are not offering to USCIS that so many of us will buy a home if we get a greencard. we are just showing them the potential here.
We are not asking them to change their laws to increase the quota of green cards. all they have to do is, do some administrative fixes (which we are lobbying for in the Letter to President Campaign) whereby they can re-capture un-used visas.
Recapture of un-used visas alone can make a huge difference.
Recapture of the unused visas which amounts to 160,000 and the yearly quota of Employment based visas for 2008 will add up to 300,000 visas which would approximately mean 150,000 families getting a Green Card.
Once people get a Green card, they�ll feel secure about their future and start thinking about buying a home and settle down. 10% of this may already have a home. 40% may not have the intention of buying a home due to various reasons. If the remaining 50% decide to buy a home after they get a green card, that amounts to 75,000 homes being taken off the real estate market.
This will not completely remove the housing crisis, but it will definitely ease it a little bit.
Legal immigrants have a very good credit score and the Lenders will be more than happy to offer them loans. At an average home value of $ 200,000, this will amount to Fifteen Billion Dollars which will work along with the President's Economic Stimulus Plan in bringing the nation out of Recession.
My assumptions are very conservative here. Even thought the average price for a home in US is around 200k, most of our guys live in costly places where houses will average around 300k.
We are not offering to USCIS that so many of us will buy a home if we get a greencard. we are just showing them the potential here.
We are not asking them to change their laws to increase the quota of green cards. all they have to do is, do some administrative fixes (which we are lobbying for in the Letter to President Campaign) whereby they can re-capture un-used visas.
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feedfront
11-03 02:34 AM
In my kids case after one week we got approval notice. In general it takes two / three days.
You replied to old his qs. He already has got green card.
You replied to old his qs. He already has got green card.
more...
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dressking
09-28 05:13 PM
What irked me is the attitude that they will take your money gladly but don't want you there.
I have met a British guy here in New York who was like that. He loved the money, and always smiled to me for the money. But he never even want to lift a finger for the money he has been paid to do. And he despised me and was ashamed of having to talk to me because he was surrounded by some Southerners who were equally racist.
In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.
I have met a British guy here in New York who was like that. He loved the money, and always smiled to me for the money. But he never even want to lift a finger for the money he has been paid to do. And he despised me and was ashamed of having to talk to me because he was surrounded by some Southerners who were equally racist.
In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.
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abhijitp
07-24 04:09 PM
USCIS has released a press release July 23, 2007. Check QUESTION 13
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Yes, but it does not mention EVL. If USCIS mentions the EVL in another press release, that would be the ideal scenario, but probably won't happen.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Yes, but it does not mention EVL. If USCIS mentions the EVL in another press release, that would be the ideal scenario, but probably won't happen.
more...
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gclabor07
03-15 10:50 AM
Hello,
I too am looking to carpool with someone driving from the Cockeysville area. I'm staying at a friend's place, but he is flying out that weekend to attend a job interview. So, I'm in need of a ride as well. If you find a ride, please let me know as well.
Thanks.
Hi ,
I am looking for carpool who is driving from Baltimore area.
I live on 18 exit on 83 north.
will be driving via 83 south/695/95south/
any one in this route please email me.
I too am looking to carpool with someone driving from the Cockeysville area. I'm staying at a friend's place, but he is flying out that weekend to attend a job interview. So, I'm in need of a ride as well. If you find a ride, please let me know as well.
Thanks.
Hi ,
I am looking for carpool who is driving from Baltimore area.
I live on 18 exit on 83 north.
will be driving via 83 south/695/95south/
any one in this route please email me.
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alterego
09-19 08:06 AM
This is a crisis of confidence, brought about by the weakness of the housing market and therefore the securities based on the mortgages to those homes.
House prices are down nearly 20% and have perhaps another 10% to go.
The pain ie 30% of the value of the housing stock will end up being distributed across various players. Homeowners will take the bulk of it, Financial institutions will take some, Gov't unfortunately will take some(ie tax payers), foreign investors will take some, Insurers some, Inflation will eat away some(this will be a 2-3 yr process when all is said and done), etc. In the end the markets will climb out of it. Exactly how much each of these parties will eat is currently being negotiated on capitol hill. The truth is nearly every bank is under water at this time. However, commercial banks are only safe because they have stable depositor bases. Hedge funds and other institutional investors who play the repo market are more fickle and have seized up the bank repo and other credit markets. Liquidity and lowered rates alone is not solving this mainly because it is a question of confidence. This will get better once the gov't puts in a more definitive solution. I hope however that whatever solution is provided makes it extremely painful for any one to want to take that route, ie the shareholders and management should be wiped out and that too only for a loan which must be repaid. IF real estate recovers to anything close to what it was in 2006 by say 2015 or if confidence surges sooner, then the US Gov't could conceivably make money from this.
House prices are down nearly 20% and have perhaps another 10% to go.
The pain ie 30% of the value of the housing stock will end up being distributed across various players. Homeowners will take the bulk of it, Financial institutions will take some, Gov't unfortunately will take some(ie tax payers), foreign investors will take some, Insurers some, Inflation will eat away some(this will be a 2-3 yr process when all is said and done), etc. In the end the markets will climb out of it. Exactly how much each of these parties will eat is currently being negotiated on capitol hill. The truth is nearly every bank is under water at this time. However, commercial banks are only safe because they have stable depositor bases. Hedge funds and other institutional investors who play the repo market are more fickle and have seized up the bank repo and other credit markets. Liquidity and lowered rates alone is not solving this mainly because it is a question of confidence. This will get better once the gov't puts in a more definitive solution. I hope however that whatever solution is provided makes it extremely painful for any one to want to take that route, ie the shareholders and management should be wiped out and that too only for a loan which must be repaid. IF real estate recovers to anything close to what it was in 2006 by say 2015 or if confidence surges sooner, then the US Gov't could conceivably make money from this.
more...
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hebron
08-10 06:13 PM
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Hi gk_2000, May be I am the only one who doesn't understand the idea. If you don't mind could you please explain what you proposed with examples?
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Hi gk_2000, May be I am the only one who doesn't understand the idea. If you don't mind could you please explain what you proposed with examples?
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rpatel
07-24 12:08 PM
I concur with the fact that manner in which the law is written/interpreted currently, its going to be an uphill task to convince the USCIS of letting us file I485 without a visa number available. Did the core group make any effort in this direction or is it their foregone conclusion that its non starter at all?
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.
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trueguy
07-03 05:50 PM
Everyone,
Can we stick to the subject please?
Where is the online petition and how soon can we collect all the signature so they can help in getting those three bills approved.
Thanks
Can we stick to the subject please?
Where is the online petition and how soon can we collect all the signature so they can help in getting those three bills approved.
Thanks
eb3retro
08-17 12:16 AM
Very Good first post :eek:!!! Please hide wherever you were hiding till now, STOP judging.
clever adj
Definition: bright, ingenious
Antonyms: awkward, foolish, idiotic, ignorant, naive, senseless, stupid, unclever
I am looking to see if he will show up too..looks like he is not coming back..so much for one and the only post..
clever adj
Definition: bright, ingenious
Antonyms: awkward, foolish, idiotic, ignorant, naive, senseless, stupid, unclever
I am looking to see if he will show up too..looks like he is not coming back..so much for one and the only post..
2114
02-21 10:25 AM
Hi,
I have no news for over 15 months on my FBI security check due to which my 485 approval is delayed.
There is no way to find what�s happening � earlier there use to be an email for FBI to find status but they stopped responding since past 15 months during which I have written to them 10 times but no reply.
I have applied for 4th EAD and AP � each time to apply it costs us $600+time+uncertainty and we have to reapply every 9 months to be safe � this process is not just costing money but also impact work, personal decision and progress.
I have written to my senator no help and also tried to find from USCIS about name-check no luck.
My green-card process has taken over 4.5 yrs now and it� still a black-hole.
The minimal help they can provide us is by having a system to check name-check status and expected date of decision.
Thank you.
I have no news for over 15 months on my FBI security check due to which my 485 approval is delayed.
There is no way to find what�s happening � earlier there use to be an email for FBI to find status but they stopped responding since past 15 months during which I have written to them 10 times but no reply.
I have applied for 4th EAD and AP � each time to apply it costs us $600+time+uncertainty and we have to reapply every 9 months to be safe � this process is not just costing money but also impact work, personal decision and progress.
I have written to my senator no help and also tried to find from USCIS about name-check no luck.
My green-card process has taken over 4.5 yrs now and it� still a black-hole.
The minimal help they can provide us is by having a system to check name-check status and expected date of decision.
Thank you.
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