binadh
10-02 11:22 AM
Are there any new updates? My case was filed in Jun 07, responded to the query in NOV 07, and it is still pending?
What the &*^% is going on? !!@$%ing DOL.
:mad:
What the &*^% is going on? !!@$%ing DOL.
:mad:
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dixie
10-13 07:36 PM
You are right .. the US has a big headstart; but that doesnt mean it will remain that way forever. For instance, close to 40% of all US patents are being bagged by either non-US entities or foreign outposts of US organizations. For a comparison, it was just 10% in 1995 .. dont remember where I read this, but I will post the link if I can find it again.
The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US
The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US
anindya1234
06-01 02:39 PM
I dont know about others but for me stuck with the same compay for 5 years. I really want to move on !!
Everybody has the same problem buddy
Everybody has the same problem buddy
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perm2gc
12-22 06:08 PM
Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
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DesiGuy
08-18 08:11 AM
in general, i agree with what akkarkarla says.
my personal view, i have NOT seen any type of discrimination. not saying it does not exist but just saying that i have not experienced it firsthand or seen anyone else being discriminated against.
also, london itself is lot more cosmopolitan than any other city i have seen (and i have see quite a few).
again, anyone thinking of moving should go to the site i mentioned and read throught he topics; there's one on life after HSMP.
Many of the guys who come the guys who come from less (or under) developed countries find it difficult to find a good job, but ppl with US experience who are exposed to the Western way of work (& life) should have an advantage and should not have much problems.
cheers
One thing that stands out from US vs Europe(UK included) is that it is very difficult to blend into the main stream. Especially in UK where it is divided into Zones. These zones say that you belong to that community and that race.
Secondly, the number of IT jobs are comparatively less in UK and Europe and some places you need to know the language ex. Working with SAP AG or in SAP AG you need to know Deutsche otherwise you feel you are lost.
Thirdly, there is difference in the way the Operations are done, Process and procedures followed.
As the proverb goes The other side of the wall is always green. We cannot say UK is good or Germany is good unless we experienced. And also just one person becomes successful everyone cannot. One thing I can say for sure If anyone has MBA from top notch schools they can go to the top of the ladder easily in London Financial Industries.
Einen sch�nen Tag noch!
my personal view, i have NOT seen any type of discrimination. not saying it does not exist but just saying that i have not experienced it firsthand or seen anyone else being discriminated against.
also, london itself is lot more cosmopolitan than any other city i have seen (and i have see quite a few).
again, anyone thinking of moving should go to the site i mentioned and read throught he topics; there's one on life after HSMP.
Many of the guys who come the guys who come from less (or under) developed countries find it difficult to find a good job, but ppl with US experience who are exposed to the Western way of work (& life) should have an advantage and should not have much problems.
cheers
One thing that stands out from US vs Europe(UK included) is that it is very difficult to blend into the main stream. Especially in UK where it is divided into Zones. These zones say that you belong to that community and that race.
Secondly, the number of IT jobs are comparatively less in UK and Europe and some places you need to know the language ex. Working with SAP AG or in SAP AG you need to know Deutsche otherwise you feel you are lost.
Thirdly, there is difference in the way the Operations are done, Process and procedures followed.
As the proverb goes The other side of the wall is always green. We cannot say UK is good or Germany is good unless we experienced. And also just one person becomes successful everyone cannot. One thing I can say for sure If anyone has MBA from top notch schools they can go to the top of the ladder easily in London Financial Industries.
Einen sch�nen Tag noch!
CantLeaveAmerica
04-10 09:27 PM
CantLeaveAmerica
The officer asked several questions
Where do I work
What is my job title
Am I married
Do I have Kids
What is my current address and proof of it.
What is my wedding date
Hav I travelled out of USA from last entry
Did I ever get any money in form of help from Immigration
Checked my pay chq (current) and w-2 for 2007.
Asked for Employment verification letter
Asked to show I 94 card
Asked all the questions which I guess are on the 485 form, the questions are generally not relevant to people like us: Examples are below
Do I have any illegal kids (hahaha)
Was I ever involved with any terrorist org
Have I ever tried to being in ilegals to USA
Have I ever worked as a Prostitute (lol)
In particular the only question which surprised me was when I was asked to descirbe what my job responsibilities are....I was prepared for it and the officer was matching it with the job description used for my PERM
The officer was very nice and helpful. I got done in like 20-25 min and she said that the case is approvable. We just need to wait for the Visa #.
Hope this helps people out here........Good Luck ALL.
Thanks Piyu7444...did they ask for all paystubs of previous years or were they only interested in the current paystub as mentioned by you?
Also, do the job responsibilities have to match exactly word4word as in LC? Or can I explain to similar extent?
The officer asked several questions
Where do I work
What is my job title
Am I married
Do I have Kids
What is my current address and proof of it.
What is my wedding date
Hav I travelled out of USA from last entry
Did I ever get any money in form of help from Immigration
Checked my pay chq (current) and w-2 for 2007.
Asked for Employment verification letter
Asked to show I 94 card
Asked all the questions which I guess are on the 485 form, the questions are generally not relevant to people like us: Examples are below
Do I have any illegal kids (hahaha)
Was I ever involved with any terrorist org
Have I ever tried to being in ilegals to USA
Have I ever worked as a Prostitute (lol)
In particular the only question which surprised me was when I was asked to descirbe what my job responsibilities are....I was prepared for it and the officer was matching it with the job description used for my PERM
The officer was very nice and helpful. I got done in like 20-25 min and she said that the case is approvable. We just need to wait for the Visa #.
Hope this helps people out here........Good Luck ALL.
Thanks Piyu7444...did they ask for all paystubs of previous years or were they only interested in the current paystub as mentioned by you?
Also, do the job responsibilities have to match exactly word4word as in LC? Or can I explain to similar extent?
more...
h1techSlave
06-25 04:52 PM
jobs, which require unskilled labor (walmart jobs, starbucks jobs, farm jobs, janitorial work - all are examples) should be paid a living wage. Which means, if a person works for 40 hours a week, he/she should be able to live with the salary.
I can throw in some numbers for Washington, DC area. For a family of 4.
Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.
So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.
Congrads brother. You have posted one of the "most ridiculous and hillarious" posts ever!! Comparing Starbucks to picking strawberries??? Wow! why not compare strawberry picking to hollywood acting? Why is hollywood not employing ilegal aliens even when reportedly they need millions to produce a single movie? Tough questions eh?? or does it seem ilogical and crazy reasoning??
If you "pay enough" to the laborer, then who will pay for the produce at the walmart?? and how much is "pay enough" as per the current expectations?
I can throw in some numbers for Washington, DC area. For a family of 4.
Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.
So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.
Congrads brother. You have posted one of the "most ridiculous and hillarious" posts ever!! Comparing Starbucks to picking strawberries??? Wow! why not compare strawberry picking to hollywood acting? Why is hollywood not employing ilegal aliens even when reportedly they need millions to produce a single movie? Tough questions eh?? or does it seem ilogical and crazy reasoning??
If you "pay enough" to the laborer, then who will pay for the produce at the walmart?? and how much is "pay enough" as per the current expectations?
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delhis_007
12-21 10:39 AM
I'll be joining in from ND. I dont know of any other members from this state.
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sands_14
09-23 09:59 AM
I e-filed my EAD and AP;but when I sent the supporting documentation to the PO Box in Mesquite,Texas;it was not delivered on Friday,a notice was left.I am very anxious if it comes back.Is there a Phone Number I can call to ask them Reason for Non-delivery;what should I do???Is there an address different from the PO Box where I can FEDEX
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sammyb
03-24 01:51 PM
is there any recording/archive available of the program .... all online radio sites are blocked in the office firewall :o
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snathan
05-19 03:06 PM
I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).
I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.
I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.
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sangeethak31
07-13 02:51 PM
Hi,
Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.
Thanks,
Sangeetha K
Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.
Thanks,
Sangeetha K
more...
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gc_on_demand
05-22 10:18 AM
Hello -
if they are to terminate concurrent filing. How long would it take for
the rule to take place. This includes 2 months comment period and all
Thanks
P :)
I think after comment period with in week they publish rule in federal register.
So at max by aug 15th they will make this rule.
if they are to terminate concurrent filing. How long would it take for
the rule to take place. This includes 2 months comment period and all
Thanks
P :)
I think after comment period with in week they publish rule in federal register.
So at max by aug 15th they will make this rule.
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rangakutta
02-10 12:16 PM
SO who will decide wether its EB2 or EB3 ,. wether my consulatnt company when he is gonna put an add in the job site or the USCIS ???
Thanks for all yur advise. Ia m very new in this
Thanks for all yur advise. Ia m very new in this
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starving_dog
06-13 01:17 PM
Was that 2007 you were referring to?
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sc3
07-12 08:08 PM
It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?
And what is your argument for the numbers to be 40000 or 240000? Everyone will be dissatisfied with whatever number that is alloted (how did they reach 65 for H1B, or how did they decide on 195000 for a few years).
Also there is no discrimination against "only 4 countries", there is a cap on any country taking more than 7% of the visa numbers (ok, I will not go whether such a cap is warranted), which was set way too long ago.
When you throw the "D" word, make sure you have the facts right. We all are frustrated, but it not an excuse for us to throw baseless accusations.
No I am not a USGOV stooge, I am another legal immigrant waiting -- for long enough time -- for his turn.
And what is your argument for the numbers to be 40000 or 240000? Everyone will be dissatisfied with whatever number that is alloted (how did they reach 65 for H1B, or how did they decide on 195000 for a few years).
Also there is no discrimination against "only 4 countries", there is a cap on any country taking more than 7% of the visa numbers (ok, I will not go whether such a cap is warranted), which was set way too long ago.
When you throw the "D" word, make sure you have the facts right. We all are frustrated, but it not an excuse for us to throw baseless accusations.
No I am not a USGOV stooge, I am another legal immigrant waiting -- for long enough time -- for his turn.
more...
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felix31
04-18 11:26 AM
vicks don,
did you file with vermont before April 1st?
my husband's I-140 case was initially sent to Nebraska (after april 1st batch) and it got transferred to Texas and we got Texas service center receipt notice.
I guess you would send RFE to the center that issued the RFE. Wait for it to arrive....Also, you already have receipt notice, right? Look for the first three letters your receipt number starts with. If it is EAC, that your case is with vermont. If it is SRC, than your case is with Texas..
hope this helps..
Oh, and one extra detail, the online message from Texas says it takes 400+ days to process these applications. I am absolutely horrified by it..
The web site says they are processing Jan 06 cases, but somehow that does not look real..
did you file with vermont before April 1st?
my husband's I-140 case was initially sent to Nebraska (after april 1st batch) and it got transferred to Texas and we got Texas service center receipt notice.
I guess you would send RFE to the center that issued the RFE. Wait for it to arrive....Also, you already have receipt notice, right? Look for the first three letters your receipt number starts with. If it is EAC, that your case is with vermont. If it is SRC, than your case is with Texas..
hope this helps..
Oh, and one extra detail, the online message from Texas says it takes 400+ days to process these applications. I am absolutely horrified by it..
The web site says they are processing Jan 06 cases, but somehow that does not look real..
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ivgclive
03-29 07:39 PM
Which airport in Bangalore you landed?
Lal Bagh Airport. :D :D :D
Lal Bagh Airport. :D :D :D
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Rb_newsletter
02-03 06:40 PM
We can try to make a legitimate point that H1Bs contribution to the economy is huge. Guess what that is why the companies try to hire more H1Bs. But... who is listening?
In the depression years - post 1929. Immigration to the US fell to 10% of what it was in 1929 and remained like that for 10 years. 400,000 Mexican immigrants were forced back to Mexico.
Immigration officers proactively sending back H1Bs is not totally unexpected. I hope and pray that the economy and the job situation improves in the coming months. Otherwise I wonder if there is more to come?
You should also quote medieval times examples here. So slashing H1b's heads could be justified.
My friend, 1929 is not equal to 2010. With all globalization happenings and trade dependability between countries this is not a fair treatment. This is modern world where export and import are essential and no one can stop it. In case of H1, knowledge is being imported into this country for whatever reason. I am shocked at your comment "proactively sending back". What they are doing is NOT proactive. If they want to act proactively, then they should send a letter communication revoking the H1 petition stating economical reasons even before going for stamping.
In the depression years - post 1929. Immigration to the US fell to 10% of what it was in 1929 and remained like that for 10 years. 400,000 Mexican immigrants were forced back to Mexico.
Immigration officers proactively sending back H1Bs is not totally unexpected. I hope and pray that the economy and the job situation improves in the coming months. Otherwise I wonder if there is more to come?
You should also quote medieval times examples here. So slashing H1b's heads could be justified.
My friend, 1929 is not equal to 2010. With all globalization happenings and trade dependability between countries this is not a fair treatment. This is modern world where export and import are essential and no one can stop it. In case of H1, knowledge is being imported into this country for whatever reason. I am shocked at your comment "proactively sending back". What they are doing is NOT proactive. If they want to act proactively, then they should send a letter communication revoking the H1 petition stating economical reasons even before going for stamping.
bfadlia
02-23 01:57 PM
my case was recieved Dec 07. (H1B extension)
The website says they're processing Dec 21
However checking my case status, it still says received and pending
How come?
The website says they're processing Dec 21
However checking my case status, it still says received and pending
How come?
hpandey
03-02 11:36 AM
Looks like your PD is current. You might get your GC anytime. That is another factor I would consider if your GC gets approved before you get married.
Filing six months in advance seems to be a better idea.
Filing six months in advance seems to be a better idea.
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