milind70
11-06 11:29 PM
If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?
Thanks!
I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
Thanks!
I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
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bobzibub
12-15 06:02 PM
Have anyone heard any updates from AILA about this issue? if one knows this for sure, atleast in these days, people can start working a second (may be non-technical) job on EAD...that way you should be able to save some money for the rainy days...
AILA wouldn't be the ones to update us wouldn't they? USCIS is the one that makes the call. We can pester AILA to ask for an "update on the status of the decision making process" and that would likely make them finally do something.
I've asked the ombudsman on this issue. Never got a response.
IMHO:
I think that after a year (It must be getting close now) of being formally asked by AILA, USCIS basically must allow moonlighting under an EAD because they did not cite any law against it. They basically accepted AILA's interpretation when they stated that they "took it under advisement" and left it at that. Even if there is a magical law that appears now barring the practice, their inaction after so long has "blue skied" the moonlighting for at least those already practicing it. What alternative conclusion could an immigrant draw?
AILA wouldn't be the ones to update us wouldn't they? USCIS is the one that makes the call. We can pester AILA to ask for an "update on the status of the decision making process" and that would likely make them finally do something.
I've asked the ombudsman on this issue. Never got a response.
IMHO:
I think that after a year (It must be getting close now) of being formally asked by AILA, USCIS basically must allow moonlighting under an EAD because they did not cite any law against it. They basically accepted AILA's interpretation when they stated that they "took it under advisement" and left it at that. Even if there is a magical law that appears now barring the practice, their inaction after so long has "blue skied" the moonlighting for at least those already practicing it. What alternative conclusion could an immigrant draw?
pappu
09-08 12:22 PM
IV members,
IARC (Indian American Republican council) held a conference in DC on Sept 6th & 7th (more details:
http://immigrationvoice.org/forum/showthread.php?t=1563). Some of our core members attended this event and interacted with key lawmakers. Our core team member, Shilpa was invited to speak on the Immigration Panel.
This is the press release from Immigration voice. Please forward it to all your contacts for wider publicity of IV's efforts and our common cause. Thank you once again for your continued support for IV's efforts.
===============
Immigration Voice urges lawmakers to focus on high-skilled employment based immigration
Washington, D.C., September 8th, 2006
Immigration Voice member, Shilpa Ghodgaonkar participated on a panel on Immigration at the Indian American Republican Council�s fall conference in Washington DC on September 7th.
The speaker list constituted prominent leaders from the Republican Party - Senate Majority Leader Bill Frist, Senators Brownback, George Allen, as well as U.S. House Representatives, Speaker Hastert, Ros-Lehtinen, Ed Royce, Bobby Jindal and Joe Wilson.
Speaking at the event, Shilpa called for more focus on legal highly skilled immigration and urgent reform of the antiquated employment-based immigration system, adding that loss of talent to other countries was not in America�s interest. Ms. Ghodgaonkar observed � immigration debate included illegal immigration and H-1B quotas, but the issues faced by the legal educated foreign workers working in the US and seeking permanent residency were largely ignored.
Noting that 255,000 employment-based applications pending at the DOL (April 2006) and 170,000 to 230,000 applications pending at the USCIS translated into unconscionable delays, she elucidated the impact of bad bureaucracy on the lives of individuals: �During the long wait, highly skilled foreign workers are wary of buying homes, cannot accept promotions or change jobs for fear of losing their position in the green card queue � particularly because their job description is tied to the green card. Highly qualified doctors, scientists, engineers... etc. cannot utilize their skills to the fullest potential. Individuals cannot innovate and start companies that would create new jobs� lives are on hold. More importantly, employers share the same frustration, as they cannot access the talent pool available here in the US.�
Illustrating how Canada, UK, Australia, etc. are competing to welcome creative talent, and citing reasons for shortage of skills in the US, Ms. Ghodgaonkar added that America direly needs to attract talent to sustain technological leadership. �Of the total legal immigration in 2004 and 2005, only 7.5% and 10.2% respectively went to highly skilled principal applicants. 2004-2005 figures from Australia indicate that their migration program comprised of 60% skilled immigrants�.
"The last time the quota for skilled immigrants was debated in congress was in 1990. That was 16 years ago," said Ms. Ghodgaonkar. Stating that high-skilled immigration created a net benefit to the country, she urged lawmakers to address immigration in a piece-by-piece manner, and pass sensible legislation that would retain talent in the country. �This is basically a symbiotic relationship, which if nurtured well will bring rich rewards to the US as well as the immigrants who are contributing here.�
Commending Senator Cornyn and Representative Shadegg for introducing the SKIL Bill in the Senate and the House, Ms. Ghodgaonkar concluded �The US can continue to remain the shining city on the hill, if it attracts high-skilled workers who will be great assets to this country�.
About Immigration Voice:
Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.
IARC (Indian American Republican council) held a conference in DC on Sept 6th & 7th (more details:
http://immigrationvoice.org/forum/showthread.php?t=1563). Some of our core members attended this event and interacted with key lawmakers. Our core team member, Shilpa was invited to speak on the Immigration Panel.
This is the press release from Immigration voice. Please forward it to all your contacts for wider publicity of IV's efforts and our common cause. Thank you once again for your continued support for IV's efforts.
===============
Immigration Voice urges lawmakers to focus on high-skilled employment based immigration
Washington, D.C., September 8th, 2006
Immigration Voice member, Shilpa Ghodgaonkar participated on a panel on Immigration at the Indian American Republican Council�s fall conference in Washington DC on September 7th.
The speaker list constituted prominent leaders from the Republican Party - Senate Majority Leader Bill Frist, Senators Brownback, George Allen, as well as U.S. House Representatives, Speaker Hastert, Ros-Lehtinen, Ed Royce, Bobby Jindal and Joe Wilson.
Speaking at the event, Shilpa called for more focus on legal highly skilled immigration and urgent reform of the antiquated employment-based immigration system, adding that loss of talent to other countries was not in America�s interest. Ms. Ghodgaonkar observed � immigration debate included illegal immigration and H-1B quotas, but the issues faced by the legal educated foreign workers working in the US and seeking permanent residency were largely ignored.
Noting that 255,000 employment-based applications pending at the DOL (April 2006) and 170,000 to 230,000 applications pending at the USCIS translated into unconscionable delays, she elucidated the impact of bad bureaucracy on the lives of individuals: �During the long wait, highly skilled foreign workers are wary of buying homes, cannot accept promotions or change jobs for fear of losing their position in the green card queue � particularly because their job description is tied to the green card. Highly qualified doctors, scientists, engineers... etc. cannot utilize their skills to the fullest potential. Individuals cannot innovate and start companies that would create new jobs� lives are on hold. More importantly, employers share the same frustration, as they cannot access the talent pool available here in the US.�
Illustrating how Canada, UK, Australia, etc. are competing to welcome creative talent, and citing reasons for shortage of skills in the US, Ms. Ghodgaonkar added that America direly needs to attract talent to sustain technological leadership. �Of the total legal immigration in 2004 and 2005, only 7.5% and 10.2% respectively went to highly skilled principal applicants. 2004-2005 figures from Australia indicate that their migration program comprised of 60% skilled immigrants�.
"The last time the quota for skilled immigrants was debated in congress was in 1990. That was 16 years ago," said Ms. Ghodgaonkar. Stating that high-skilled immigration created a net benefit to the country, she urged lawmakers to address immigration in a piece-by-piece manner, and pass sensible legislation that would retain talent in the country. �This is basically a symbiotic relationship, which if nurtured well will bring rich rewards to the US as well as the immigrants who are contributing here.�
Commending Senator Cornyn and Representative Shadegg for introducing the SKIL Bill in the Senate and the House, Ms. Ghodgaonkar concluded �The US can continue to remain the shining city on the hill, if it attracts high-skilled workers who will be great assets to this country�.
About Immigration Voice:
Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.
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ajkastar
07-27 01:32 PM
Hi,
We are in a peculiar situation regarding our FP. Did you take your FP taken? If so, did you get your file updated sometime after FP was completed? When you gave FP the last time, do you whether they had processed it before the approval?
We had to postpone our 2nd FP in May and gave our prints only in the end of June. I heard that such cases get into delays or problems. The first time over, our FPs were cleared in a week.
Your response will be appreciated. Thanks.
Thank you!
Yes I had my 1st fingerprints done in 2003 and 2nd in 2006. Status was updated for first but not for second firgerprints.
We are in a peculiar situation regarding our FP. Did you take your FP taken? If so, did you get your file updated sometime after FP was completed? When you gave FP the last time, do you whether they had processed it before the approval?
We had to postpone our 2nd FP in May and gave our prints only in the end of June. I heard that such cases get into delays or problems. The first time over, our FPs were cleared in a week.
Your response will be appreciated. Thanks.
Thank you!
Yes I had my 1st fingerprints done in 2003 and 2nd in 2006. Status was updated for first but not for second firgerprints.
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GC08
05-21 07:29 PM
We are chasing behind so many stuffs at this important time. We should forget about the merits or demerits of point system. It can be good or bad. We should forget about how Z visa holders get more benefit than us. It is something not in our control and big politics behind everything in the bill. Therefore, we should not concentrate on this as it is not our objective. We should focus only to eliminate retro in EB ASAP. We should try to bring a simple amendment to the bill, so that retrogression in current EB ends ASAP.
A simple thing to do is do not change drastically current form of bill. Don�t waste time on analyzing or chasing behind merits and demerits in H,Y,Z visas or all other positive or negative stuffs in this bill.
We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy
Yes. :)
A simple thing to do is do not change drastically current form of bill. Don�t waste time on analyzing or chasing behind merits and demerits in H,Y,Z visas or all other positive or negative stuffs in this bill.
We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy
Yes. :)
crzyBanker
08-24 06:03 PM
Applied i140 and 485 on July 2nd and yesterday my i140 got approved. So I guess no need for premium processing now as the process is moving faster.
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ragz4u
02-03 01:06 PM
Ragz
I would LOVE to meet the good Senator. However there is this debate that whether we shud wait for the specialists to give us points or make them ourselves.
Let us be clear on what the approach is.
The lobbying firm might help us with a few pointers, but getting an appointment should not be affected by that.
I would LOVE to meet the good Senator. However there is this debate that whether we shud wait for the specialists to give us points or make them ourselves.
Let us be clear on what the approach is.
The lobbying firm might help us with a few pointers, but getting an appointment should not be affected by that.
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rdx0
01-09 06:57 PM
Hi,
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
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lacchij
11-06 11:03 PM
My AP status was changed to Document mailed on 10/29 but i didn't receive anything yet. Heard that Lawyer would be receiving them if you have signed G28.
Keep in touch with your lawyer and ask them to forward it to you as soon as they receive. Otherwise, some lawyers will take their own sweet time to send it.
Hi,
We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".
Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".
Can you please share your experience?
Thanks,
KK
Keep in touch with your lawyer and ask them to forward it to you as soon as they receive. Otherwise, some lawyers will take their own sweet time to send it.
Hi,
We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".
Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".
Can you please share your experience?
Thanks,
KK
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vban2007
06-07 02:09 PM
is there nobody with info/experience on this????
I am in the same situation...
I am in the same situation...
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pappu
07-01 10:00 AM
To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.
I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.
kiyun be langde chutiye teri gand me itna dard kyun ho raha hai......
chutiya loog chitiya suggestions...chal gandu salla...
We generally do not answer people who do not have profile details/ have incomplete profile/ post anonymously/ start a thread only to ask IV to make a show rather than directly contacting IV.
Your posts were deleted due to the following reason:
- Read your own post above in red. We would have banned you from this site after you wrote that, but we tolerated you.
- Do not create action items without consulting IV.
- You need to follow politics, strategy and developments closely. You joined 2 days ago and trying to run a campaign without fully reading and understanding how things work with bills. Quoting an old bill, not understanding it and and basing your assumptions on that is wrong. Join the effort and be a part of the group to understand the political process. Be a part of a state chapter or a volunteer group in IV and contribute your time to this effort. That work will be more meaningful.
If you continue to post offensive content and try to run campaign that do not follow IV strategy, we will be forced to deny you access to this site.
I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.
kiyun be langde chutiye teri gand me itna dard kyun ho raha hai......
chutiya loog chitiya suggestions...chal gandu salla...
We generally do not answer people who do not have profile details/ have incomplete profile/ post anonymously/ start a thread only to ask IV to make a show rather than directly contacting IV.
Your posts were deleted due to the following reason:
- Read your own post above in red. We would have banned you from this site after you wrote that, but we tolerated you.
- Do not create action items without consulting IV.
- You need to follow politics, strategy and developments closely. You joined 2 days ago and trying to run a campaign without fully reading and understanding how things work with bills. Quoting an old bill, not understanding it and and basing your assumptions on that is wrong. Join the effort and be a part of the group to understand the political process. Be a part of a state chapter or a volunteer group in IV and contribute your time to this effort. That work will be more meaningful.
If you continue to post offensive content and try to run campaign that do not follow IV strategy, we will be forced to deny you access to this site.
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eastindia
05-10 09:18 AM
VB will come today.
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
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snram4
08-04 06:26 AM
SA 4319 is not being considered so far. It is not quoted anywhere except IV website. Because CIR is ruled out for 2010 any pro or anti immigrant bill will not be considered most likely. This is just fear that SA 4319 will be attached to any other bill. The chance of passing this bill is 1% without CIR. But with CIR there is 80% chance of attaching with CIR.
I received the same email too.What a pity.....
I received the same email too.What a pity.....
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InTheMoment
07-22 06:38 PM
bluez25,
Dates moving back is a once in 10 year event (not a guess but actual stats).
The July fiasco type thing happening again is almost nil !
Give that interview and get the immigrant visa.. You are all set.
Tinku,
How can you be so sure that I should be ok even when the dates move back? any links for me to read on information...
Dates moving back is a once in 10 year event (not a guess but actual stats).
The July fiasco type thing happening again is almost nil !
Give that interview and get the immigrant visa.. You are all set.
Tinku,
How can you be so sure that I should be ok even when the dates move back? any links for me to read on information...
more...
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pandu_hawaldar
05-10 10:07 AM
applies to me too, as I came in this thread to read this post :D
Thanks. I have fixed the typo.
.
Thanks. I have fixed the typo.
.
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vegasbaby
06-04 03:09 PM
I am hearing a lot of cases of RFE. I experienced the same when my best friends case recvd an RFE. They asked all sorts of questions. After filing a reply, there was no update for over a month.
Eventually, her lawyer re-filed the case with same center, with same set of documents (every single document was the same) under premium processing.
The same center approved her H-1B in 3 days flat. No questions asked. I guess they are looking for a legal bribe of premium processing fees :D
Eventually, her lawyer re-filed the case with same center, with same set of documents (every single document was the same) under premium processing.
The same center approved her H-1B in 3 days flat. No questions asked. I guess they are looking for a legal bribe of premium processing fees :D
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prdgl
02-12 10:27 PM
Thanks a lot.
The reason is I cannot show my 2.5 yrs of experience which i have with my current employer who is filing my LC. I am desperately trying to show MS+x yrs of experience so that its easy to get through
Thanks
The reason is I cannot show my 2.5 yrs of experience which i have with my current employer who is filing my LC. I am desperately trying to show MS+x yrs of experience so that its easy to get through
Thanks
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msekhargc
06-21 11:41 AM
Thanks for your response
As per my employer adv :
Required degree : Masters degree in Engineering or related field (no experience)
The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.
As per my employer adv :
Required degree : Masters degree in Engineering or related field (no experience)
The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.
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bluekayal
10-20 03:31 PM
I could have written this! I too am flummoxed by seeing this on my e-filed AP application. I think its pre-decision activity but I could be wrong. Anyone?
Last week I e-filed my AP (I-131) renewal and sent documents to TSC. Soft LUD today, it is in "Testing and Interview� stage.
Is this stage generally expected for renewal of AP? I am not sure why the online message says "request for appointment reschedule" although my application is to renew AP.
Did any one go through this process before? pls share your experience.
Here is the status from the website
Testing and Interview
We have received your request to have your appointment rescheduled. This case is being processed at our TEXAS SERVICE CENTER location. You will be notified by mail if the appointment is rescheduled, when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
Last week I e-filed my AP (I-131) renewal and sent documents to TSC. Soft LUD today, it is in "Testing and Interview� stage.
Is this stage generally expected for renewal of AP? I am not sure why the online message says "request for appointment reschedule" although my application is to renew AP.
Did any one go through this process before? pls share your experience.
Here is the status from the website
Testing and Interview
We have received your request to have your appointment rescheduled. This case is being processed at our TEXAS SERVICE CENTER location. You will be notified by mail if the appointment is rescheduled, when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
poorslumdog
10-11 06:05 PM
That�s what exactly I am trying to find here. Since I am not USC or GC, would they take my complain seriously and I want to remain anonymous. Is it possible?
sreeanne
11-08 03:22 PM
Change add' online in USCIS website. After few days you will receive confirmation letter. Also send AR-11 for to DHS and confirm with USCIS.
FYI, i saw 2 LUDs on 485 & EAD from the day i changed the address online.
FYI, i saw 2 LUDs on 485 & EAD from the day i changed the address online.
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