Maverick1
11-09 03:54 PM
I know it has been discussed a couple of times but more I read about the keeping H1 status/Using EAD &AP the more confused I get. The problem stems from the fact that we want to use the goodies offered by AOS (EAD and AP) but concerned what happens to H1 status. Don't want to get H1 stamping but want to use H1 status.
I talked to my lawyer and she prefers that I get H1 stamping when I go abroad and keep H1 as long as possible.
We have been longing for a while to apply for AOS so that it frees us from H1B shackles and gives us freedom to work. But now that most of us got the EAD, most people don't want to use it (except perhaps the dependents who can now work)
I want to play the devil's advocate for a min and say why not dump H1 and go with EAD/AP route.
One of the advantages people cite with maintaining H1 status is that if some thing goes wrong with I485 , you can still stay here as long as H1 is valid. Another advantage is you don't need to renew EAD/AP every year (Cost) because H1 is given for 3 years (If retrogressed or have H1 time left).
1) But if my I140 is approved and I am working with a good company and the GC is applied in good faith and have good lawyers working on it, what are the chances of rejection ?
2) What is the appetite to start the GC all over by staying on H1 in case this GC is denied after 4-5 years(Likely for most). Ability to challenge the denial of course is different story.
3) I believe most people who got EAD/AP now will continue to extend them just in case (to be safe). So the cost benefit is out of the window. And if the company pays for all the expenses for EAD/AP renewals should I care to keep the H1 status from the cost point of view.
4) If I am willing to use AC21 and change the employer, I believe using EAD gives me more bargaining power than using the H1 because there are more options (Some companied don't do H1) and there is less work for the company (No need to file for H1 transfer)
5) On other hand if I dump H1 status , I can work part time using EAD or start my own business etc.
I see that it is a unanimous opinion that keeping the H1 is a good idea (Including my lawyer suggestion).
I intention here is not to make a statement one way or the other. As I mentioned earlier, I wanted to play devils advocate and challenge some of the perceived benefits of keeping H1 and provoke some responses so that I know I am NOT missing the benefits of H1 that other people see.
Your 2 cents please !!!!
I talked to my lawyer and she prefers that I get H1 stamping when I go abroad and keep H1 as long as possible.
We have been longing for a while to apply for AOS so that it frees us from H1B shackles and gives us freedom to work. But now that most of us got the EAD, most people don't want to use it (except perhaps the dependents who can now work)
I want to play the devil's advocate for a min and say why not dump H1 and go with EAD/AP route.
One of the advantages people cite with maintaining H1 status is that if some thing goes wrong with I485 , you can still stay here as long as H1 is valid. Another advantage is you don't need to renew EAD/AP every year (Cost) because H1 is given for 3 years (If retrogressed or have H1 time left).
1) But if my I140 is approved and I am working with a good company and the GC is applied in good faith and have good lawyers working on it, what are the chances of rejection ?
2) What is the appetite to start the GC all over by staying on H1 in case this GC is denied after 4-5 years(Likely for most). Ability to challenge the denial of course is different story.
3) I believe most people who got EAD/AP now will continue to extend them just in case (to be safe). So the cost benefit is out of the window. And if the company pays for all the expenses for EAD/AP renewals should I care to keep the H1 status from the cost point of view.
4) If I am willing to use AC21 and change the employer, I believe using EAD gives me more bargaining power than using the H1 because there are more options (Some companied don't do H1) and there is less work for the company (No need to file for H1 transfer)
5) On other hand if I dump H1 status , I can work part time using EAD or start my own business etc.
I see that it is a unanimous opinion that keeping the H1 is a good idea (Including my lawyer suggestion).
I intention here is not to make a statement one way or the other. As I mentioned earlier, I wanted to play devils advocate and challenge some of the perceived benefits of keeping H1 and provoke some responses so that I know I am NOT missing the benefits of H1 that other people see.
Your 2 cents please !!!!
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old_hat
05-12 05:03 PM
This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Nitin
People of every country have the right to get whoever they want. The only question is are those rules clear and also are the decisions being made for the correct reasons. If they announce that they do not want to give GCs to anyone people will make up their minds if they want to go now or whenever there visa expires based on their personal situation.
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Nitin
People of every country have the right to get whoever they want. The only question is are those rules clear and also are the decisions being made for the correct reasons. If they announce that they do not want to give GCs to anyone people will make up their minds if they want to go now or whenever there visa expires based on their personal situation.
SGP
04-02 05:39 AM
$$$$$$$$$$$$$$$GOOD MORNING GC$$$$$$$$$$$$$$$$
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
Dear IV Members,
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
Dear IV Members,
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
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forever_waiting
04-22 07:59 PM
Nope. You are misunderstanding the point again.
The Article clarifies that that Congress has the power to regulate immigration. they used the power and created the INS laws we have today, which as per Congress is the hallmark of US immigration. We have to change those laws specific to EB.
You are muddling immigration laws with civil rights. Your argument about the current law being in violation of ANY constitutional right is completely baseless. You did not respond to my question about how the civil rights clauses you quoted have anything to do with immigration.
There are far too many points here to address at one go. Let me touch upon this for starters:
The Article 1, Section 8 has this clause, regarding the power of congress:
Clause 4: To establish an uniform Rule of Naturalization
Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?
More later ..
The Article clarifies that that Congress has the power to regulate immigration. they used the power and created the INS laws we have today, which as per Congress is the hallmark of US immigration. We have to change those laws specific to EB.
You are muddling immigration laws with civil rights. Your argument about the current law being in violation of ANY constitutional right is completely baseless. You did not respond to my question about how the civil rights clauses you quoted have anything to do with immigration.
There are far too many points here to address at one go. Let me touch upon this for starters:
The Article 1, Section 8 has this clause, regarding the power of congress:
Clause 4: To establish an uniform Rule of Naturalization
Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?
More later ..
more...
rajagopal_04
12-22 01:53 PM
My wife went for H4 visa on Dec 19. I booked flight ticket on 28th. So it seems like I need to postpone the date by at least a week.
Your comments are welcome...Thanks!!
Your comments are welcome...Thanks!!
sgomathi
07-18 01:26 PM
My lawyer says mine was received on july 1st. I am yet to receive a reply from my lawyer. What will happen to the applications received by USCIS on sunday?
more...
invincibleasian
02-12 05:06 PM
Where is the visa bulletin. Its still not released!!!
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furiouspride
04-17 01:51 PM
I dont see any issues here. he is applicable, he has required skill and education. he should be file for EB2
The fact that he's asking whether he qualifies for one, on an online forum,shows his level of skill and education. Enough said :)
The fact that he's asking whether he qualifies for one, on an online forum,shows his level of skill and education. Enough said :)
more...
sunny1000
04-18 06:03 PM
congrats and good luck!
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caliguy
09-17 01:24 PM
kubmilegaGC - Heartiest congratulations! Go out and enjoy the freedom!!! You deserve it.
I CAN NOT BELIEVE THIS...this morning 10:00AM CST we got the CPO emails for both of us...
I just can not thank Aall of you enough and the IV community for the support they have provided over the last few years - especially since Sept 1.
THANK YOU GOD - THANKS FOR LISTENING.
I will be around - not going anywhere and will support IV efforts!
BEST OF LUCK FOR THOSE WHO ARE WAITING...Believe me "appka bhi number aayega" I was loosing hopes - since Sept 1 when saw number of approvals after my PD/RD/ND etc..but there is really nothing that can predict this system.
Here is my journey - encapsulated:
PD- June 04
I485 files on July 2nd 2007 - NSC
RD 8/4/2207
SR #1: 9/4/2209
SR #2" 9/11/2209
Senator contact: 9/10/2009 and 9/11/2009
Infopass: 9/15/2009
CPO emails: 9/17/2009
Hang in there - open SRs and contact your senators!!!
I CAN NOT BELIEVE THIS...this morning 10:00AM CST we got the CPO emails for both of us...
I just can not thank Aall of you enough and the IV community for the support they have provided over the last few years - especially since Sept 1.
THANK YOU GOD - THANKS FOR LISTENING.
I will be around - not going anywhere and will support IV efforts!
BEST OF LUCK FOR THOSE WHO ARE WAITING...Believe me "appka bhi number aayega" I was loosing hopes - since Sept 1 when saw number of approvals after my PD/RD/ND etc..but there is really nothing that can predict this system.
Here is my journey - encapsulated:
PD- June 04
I485 files on July 2nd 2007 - NSC
RD 8/4/2207
SR #1: 9/4/2209
SR #2" 9/11/2209
Senator contact: 9/10/2009 and 9/11/2009
Infopass: 9/15/2009
CPO emails: 9/17/2009
Hang in there - open SRs and contact your senators!!!
more...
gcsomeday
07-12 04:17 PM
I am not sure what you mean by dont worry. For me personally paying $4000 out of pocket under my current circumstances is a lot. I agree,the PD may not become current soon unless something weird happens. But I am pointing out the fact that it is not a simple decision for most especially where companies or families with resource limitations are involved.
I really dont see how people are treating this 'holding' as a sign of good things to come. It may be, but the probability is very small. This move is more to fortify their moves by screwing us more.
I really dont see how people are treating this 'holding' as a sign of good things to come. It may be, but the probability is very small. This move is more to fortify their moves by screwing us more.
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SGP
04-10 08:08 PM
$$$$$$$$$$$$$$$GOOD EVENING GC$$$$$$$$$$$$$$$$
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
Dear IV Members,
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
Dear IV Members,
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
more...
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baskarans
03-30 02:52 PM
Got Two soft luds on mine and my wifes one on 3/17 and one on 3/18 no RFE or anything yet. People who say they got RFE after Soft lud could you Please Post how long after the soft LUDS you got RFE (hard LUD)
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Macaca
11-14 02:29 PM
... work with the congressmen and senators.
What will you do if you have convinced ALL lawmakers but they still do not vote for you because of public opposition generated by Lou DoGGS? The FACT (http://immigrationvoice.org/forum/showpost.php?p=98473&postcount=595) (NOT opinion) on immigration: In evident pain and remorse, a Republican Senator confessed to a Hispanic group from Maryland that his vote to kill immigration reform was �a profile in political cowardice.�.
Todays New York's Id (http://immigrationvoice.org/forum/showpost.php?p=194883&postcount=1455) example:
Mr. Spitzer�s decision to abandon his plan comes as a poll released Tuesday by Siena College found that seven in 10 New York voters who had heard about it � and more than 80 percent of the 625 registered voters polled had � opposed it. It also found that for the first time, more people viewed the governor unfavorably than favorably.
The governor and his aides said that they were not reacting to the slumping poll numbers, but acting pragmatically. That the dispute had even tripped up Senator Hillary Rodham Clinton, who stumbled to answer a question about it in a presidential debate, �was symptomatic of where we were,� he said.
�The issue was gaining traction not based on thoughtful discourse, but based on sound bites and less than careful analysis,� he added.
What will you do if you have convinced ALL lawmakers but they still do not vote for you because of public opposition generated by Lou DoGGS? The FACT (http://immigrationvoice.org/forum/showpost.php?p=98473&postcount=595) (NOT opinion) on immigration: In evident pain and remorse, a Republican Senator confessed to a Hispanic group from Maryland that his vote to kill immigration reform was �a profile in political cowardice.�.
Todays New York's Id (http://immigrationvoice.org/forum/showpost.php?p=194883&postcount=1455) example:
Mr. Spitzer�s decision to abandon his plan comes as a poll released Tuesday by Siena College found that seven in 10 New York voters who had heard about it � and more than 80 percent of the 625 registered voters polled had � opposed it. It also found that for the first time, more people viewed the governor unfavorably than favorably.
The governor and his aides said that they were not reacting to the slumping poll numbers, but acting pragmatically. That the dispute had even tripped up Senator Hillary Rodham Clinton, who stumbled to answer a question about it in a presidential debate, �was symptomatic of where we were,� he said.
�The issue was gaining traction not based on thoughtful discourse, but based on sound bites and less than careful analysis,� he added.
more...
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pkv
01-31 01:27 AM
done!!
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xu1
04-08 11:22 AM
understood.. i know it's the logistics. Thanks for the hard work IV!
more...
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va_labor2002
07-25 08:14 PM
I have been to different state and I have stayed in different state. I think if an individual had stayed for one year in a state, the indivudual is eligible for in state tuition, that is the general rule I observed in all the state I have stayed. My wife is studying. I don't pay any fee for her. The tuition is covered under HOPE scholarship.
My status I140 approved and I485 pending.
Can you please explain little more about opening your own e-business and File E visa. What type of e-business to start? How to file E-VISA ? Have you filed yet ?
My status I140 approved and I485 pending.
Can you please explain little more about opening your own e-business and File E visa. What type of e-business to start? How to file E-VISA ? Have you filed yet ?
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unitednations
03-31 11:55 AM
UN probably didn't realize that the officer id. was different. The id. being different is a good thing, it makes the likelihood of the IO not having noticed the old NOID higher.
I am sure you are under a lot of stress, and I feel your pain, but click on UN's profile and look at his old posts carefully, he knows what he is talking about.
Again, hope things work out in your favor, keep us posted.
The one that I am looking at the officer id is the same. Timeline is different from OP. Response was received end of February 2009; denial dated end of March 2009.
I am sure you are under a lot of stress, and I feel your pain, but click on UN's profile and look at his old posts carefully, he knows what he is talking about.
Again, hope things work out in your favor, keep us posted.
The one that I am looking at the officer id is the same. Timeline is different from OP. Response was received end of February 2009; denial dated end of March 2009.
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Pagal
05-09 12:00 PM
Hello,
We have used the following plan over past 3-4 years (though never had to file a claim)... it offers coverage for pre-existing conditions as well...
Visitor Health Insurance, Pre-existing condition coverage, AIU (http://www..org/)
We have used the following plan over past 3-4 years (though never had to file a claim)... it offers coverage for pre-existing conditions as well...
Visitor Health Insurance, Pre-existing condition coverage, AIU (http://www..org/)
unitednations
03-30 11:00 PM
More likely cause is that the letter from the applicant notifying his new job never reached/registered in CIS systems.
Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status? This is crucial to know before jumping to conclusions.
It was received well within time. If they don't receive resonse to request for evidence; they specifically mention it in the denial.
right now; there is issue with on-line case status with uscis. Not always updating. This is not what it is.
Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status? This is crucial to know before jumping to conclusions.
It was received well within time. If they don't receive resonse to request for evidence; they specifically mention it in the denial.
right now; there is issue with on-line case status with uscis. Not always updating. This is not what it is.
never_giveup
09-17 01:52 PM
I am not seeing any movement in the video. I can just see the American Eagle on the screen? any idea whats going on.. ? ??
Try closing ur window and re-opening it. It works for me now.
Try closing ur window and re-opening it. It works for me now.
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